Member States should ensure that restraints or other security measures, such as handcuffs and glass boxes in court, are applied to defendants only after an individual assessment of security risks. The least strict measures that are effective and appropriate should be applied.
In this context, Member States should ensure that judicial authorities discourage the public presentation of defendants under restraining measures and discourage the taking of photographs of restrained persons, while allowing photographs to be taken when defendants are not restrained, to respect the freedom of the press. Moreover, law enforcement authorities should refrain from publishing footage of their operations containing photographs of restrained defendants. The application of these safeguards should be ensured with effective and persuasive sanctions, which authorities should rigidly enforce to ensure the right to the presumption of innocence. Member States should also explore opportunities for raising awareness among law enforcement officers, through training or other means, about the damaging effects of such images.
Member States should examine the possibility of allowing restrained defendants to use side entrances to courtrooms and separate waiting rooms to protect them from public view.
Defendants should be allowed to have their faces covered while being transported into and out of court. Prison or police regulations should be reviewed and, if needed, revised by relevant national authorities to include these requirements.
Authorities should make all necessary arrangements to allow defendants to select appropriate clothes when appearing in court. If necessary, authorities should provide defendants with clean and appropriate clothing.