Prison officers may use physical force against you only if it is allowed for by law and strictly necessary in the situation.
In Slovakia, conditions to use for example gropes, grabs, punches and kicks, tear gas, baton, shock gas, electric stun guns, firearm or other means of physical force, can be found in the Act on the Prison and Judicial Guard Corps.
Reasons
Force may be used against you as a security measure to ensure your safety and that of others and to prevent disorder, protect certain buildings, etc. Generally, any use of force which is not strictly necessary will be considered to be a violation of the prohibition against inhumane treatment. Even the use of light physical force may violate human rights if it infringes upon a person’s human dignity.
Conditions
There are certain rules that must be assessed at any time that prison staff use physical force. These are:
- Whether there was any danger requiring the use of force?
- Whether there were other, less coercive means to ensure safety and order?
- Whether the amount of force used was appropriate for the situation and the person involved?
- Whether force was used only for as long as it was necessary?
important The use, or threat to use, force or firearms must not be used as a punishment or method of coercion.
Firearm
Slovak law provides strict rules for the use of force by firearms, as life of the person may be lost. Moreover, when firearms are used, not only the person against whom the gun is pointed, but also another uninvolved persons are at risk.
Warning
There must always be a warning before a firearm is to be used, unless it is not reasonably possible in the particular situation. A warning and a warning shot in the air may be waived only if prison officer is under attack or if the life or health of another person is threatened and the use of firearm cannot be delayed.
Caution
The officer using the firearm must ensure that its use will not endanger other persons.
Report
The use of force must be immediately reported by the prison officer, who used a force, to a superior officer and the report of the use of force must be elaborated. A superior officer must investigate the legitimacy of the use of force and submit the result to a director of a prison, who evaluates whether the coercive measures were used in accordance with the law. The prosecutor must be informed about every situation of use of force by member of prison corps.
Medical examination
If physical force has been used against you, you must be examined by a doctor and receive the necessary medical care as soon as possible. In case the tear gas, baton, service dog, an explosive, punches and kicks, or a punch with a firearm were used, a medical examination of person must follow, even if there are no visible injuries of person.
What human rights violation may there be?
Prohibition against inhumane or degrading treatment
If force is used against you contrary to these rules, it may lead to a violation of the prohibition against inhumane or degrading treatment. However, to amount to inhuman or degrading treatment, the effect the use of force leaves on your physical or mental health must be sufficiently severe.
example If you are pushed lightly because you refuse to move to another location, most likely it will not violate your rights. However, if you are severely beaten and threatened with a firearm to ensure your move to another location, your rights will most likely have been violated.
Read more about how to evaluate whether your rights have been violated.
Right to life
Where a prisoner has died as a result of the improper use of force, it will most probably be a violation of his/her right to life. Read more about how to evaluate whether the right to life has been violated.
How to complain
If you believe that your rights have been violated, you should complain to the head of the prison, or to the prosecutor. If you believe that the prison officer has committed a crime against you, you should complain to the Bureau of the Inspection Service of the Ministry of Interior of the Slovak Republic, which inspects members of the armed corps, including members of prison corps. Read more about how to complain.