Police tethering of Victoria teen was torture, says lawyer
Last Updated: Wednesday, January 23, 2008 | 11:52 AM PT
CBC News
The B.C. Civil Liberties Association says the police handcuffing and tethering of a Victoria teenager in a cell for four hours amounted to torture.
A police officer holds a nylon strap with a metal buckle, similar to the one used to restrain Willow Kinloch.
(CBC)
Police surveillance videotape released on Tuesday shows how Victoria police handcuffed 15-year-old Willow Kinloch and then used a nylon strap to bind her legs and secure her feet to the bottom of a cell door, giving her just a few centimetres to move.
"It's the almost inhumane treatment of a young girl … the length of time that anybody would have to endure that kind of a position seems to be cruel and unusual punishment, really," said Murray Mollard, the head of the BCCLA.
In police lingo, the nylon strap with a metal buckle used on Kinloch is a modified restraining strap.
Murray Mollard, the executive director of the B.C. Civil Liberties Association, watches the police surveillance video.
(CBC)
CBC News spoke to several police officers in the Metro Vancouver area who said it was developed in response to public concerns over Taser stun-gun use, and is commonly used to restrain a variety of prisoners, from those with mental health issues to drunks.
The use of the restraint is governed by the Victoria Police Department's use-of-force guidelines, which state, "A prisoner who is violent or likely to injure can be placed in the modifed restraint strap. But once the officer is satisfied the prisoner is under control … the restraint shall be removed."
Mollard notes Kinloch remained in virtually one position for four hours, even though officers questioned her during that time.
"It's a disturbing video to watch all-round, and it's an even more disturbing story," said Mollard.
The BCCLA is calling for a criminal investigation of the officers involved, and also intends to file a complaint with the B.C. Police Complaints Commissioner, said Mollard.
The Victoria police surveillance tape shows Willow Kinloch was tethered to the door, hands and feet bound.
(Victoria Police Department)
Victoria police told CBC News the use of the restraint was necessary because the 1.5 metre tall girl was drunk, swearing at officers, had to be forcibly removed from a police car, was kicking the door of the cell, and grabbed one officer on the arm.
Police picked up Kinloch outside her family home around midnight in May 2005 after neighbour complaints that she was staggering out of control. Kinloch told CBC News she had gotten extremely drunk at a party and had lost her house key so she was unable to get into her home.
Police said when Kinloch was unable to say where she lived, they took her to the main police station and put her in a padded cell to sober up.
Kinloch's family has filed a civil lawsuit against the City of Victoria and the four officers involved.
The case is expected to go to trial this fall.
