From Persecution to Prison - Bellevue/NYU Program for Survivors of ...

any time the detainee complains.” 384 The transportation standards furtherprovide that “[u]nder no circumstances will officers attach a restrainingdevice to an immovable object, including, but not limited to, security bars,seats, steering wheel, or any other part of a vehicle.” 385 Approvedrestraints include handcuffs, leg irons and “waist” or “belly” chains. 386RecreationThe policy underlying the standard on recreation states, “All facilities shallprovide detainees with access to recreational programs and activities, underconditions of security and supervision that protect their safety and welfare.”387 Procedures and standards require that every effort be made to“place a detainee in a facility that provides outdoor recreation. If a facilitydoes not have an outdoor area, a large recreation room with exercise equipmentand access to sunlight will be provided. (This does not meet the requirementfor outdoor recreation).” 388 Detainees are entitled to at least one hourof outdoor exercise per day, five days a week, weather permitting. 389As recognized by the Detention Standards, facilities lacking access tooutdoor space do not fulfill the recreation requirements. Therefore, thesefacilities must comply with further standards. According to the Standards,“[i]f only indoor recreation is available, detainees shall have access for atleast one hour each day and shall have access to natural light.” 390Detainees held in facilities lacking outdoor recreation may be eligible fortransfer to one that does after six months in detention. 391 The NCCHCspecifies that detainees be “offered exercise involving large muscle activity,for at least one hour a day, three times a week. 392Concluding Remarks on Detention StandardsNotably, no provision of the Detention Standards expresses the specialconcern conveyed in international law and standards for asylum seekers’“non-criminal” status. The INS placed detained asylum seekers, who havenot been charged or convicted of criminal offenses, in criminal justicefacilities for convicted prisoners or those charged and detained pre-trial.Indeed, to ensure humane treatment, all inmates, both detained immi-384INS Detention Standard: Transportation (Land Transportation).385INS Detention Standard: Transportation (Land Transportation).386INS Detention Standard: Use of Force.387INS Detention Standard: Recreation.388INS Detention Standard: Recreation.389INS Detention Standard: Recreation.390INS Detention Standard: Recreation.391INS Detention Standard: Recreation.392NCCHC Standards, J-46, Exercise.180 FROM PERSECUTION TO PRISON