Country

Luxembourg

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Grand-Ducal Regulation (Règlement grand-ducal du 24 mars 1989 concernant l'administration et le régime interne des établissements pénitentiaires)Penitentiary staff have the duty to abstain from any act that could cause harm to the detainees and the duty to rescue or protect the detainees in case of need.
Act of 20 July 2018 reforming the prison administration (Loi du 20 juillet 2018 portant réforme de l’administration pénitentiaire)In carrying out these duties, prison officers may only use the physical and material means of restraint at their disposal in self-defence, attempted escape, invasion, or attempted invasion to compel a detained person to behave by the law and the instructions of prison staff by inhibiting or restricting his capacity for movement, to overcome the resistance of a detained person by violence or physical inertia to orders given, or when it is a question of protecting the detained person against themselves. The choice and use of means of restraint must be justified, limited in time, and proportionate to the facts.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

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