Breaking the deadlock
10. The CPT understands the distress experienced by some trade union representatives and prison staff when faced with working conditions which at times can be
well below what is required to ensure decent standards for inmates in their charge.
These concerns echo those which the Committee has been voicing for many years.
As the CPT has regularly pointed out, prison staff carry out a fundamental and very
specific public service role which should be recognised in terms of recruitment,
training and working conditions that ensure that inmates are looked after appropriately. In any event, any solution should include the introduction of a service
guaranteeing the basic rights of inmates. Establishing such a service flows directly
from the responsibilities of the state towards persons whom it has deprived of their
liberty and from the fundamental principle that a lack of available resources cannot
justify detention conditions which infringe the rights of inmates.20
11. Respect for the human dignity of all inmates should be the highest priority
and should continue to guide the action being taken by the Belgian authorities.
Greater attention should be focused on the vulnerable situation of persons held
under psychiatric detention, awaiting care in appropriate facilities. It is imperative
that, in future, in all circumstances:
►
the security of all inmates, including those subject to a psychiatric detention
measure, is guaranteed,
►
inmates are at all times treated with humanity and respect,
►
continuity of care is provided to those held under psychiatric detention, awaiting
placement in an appropriate facility and to any other person suffering from
psychiatric disorders in prison,
►
inmates have unrestricted access to general and specialist medical care including, if absolutely necessary, in a hospital,
►
meals (including one hot meal) are prepared and distributed at set times every
day,
►
access to an outdoor exercise area is granted for at least one hour per day,
►
conditions for maintaining inmates’ personal hygiene are guaranteed, with
access to showers at least twice a week, and cells are kept clean,
►
inmates’ continuity of contacts with the outside world is maintained by telephone
and post, and by means of weekly visits (in addition to any contacts with lawyers).
12. The CPT considers that failure to comply with these requirements may
result in a large number of inmates being subjected to inhuman or degrading
treatment, or the aggravation of situations already characterised as intolerable,
endangering the health and life of inmates and compromising the security of
the establishments concerned. The lack of concrete progress over many years in
establishing a viable system for these rights to be upheld in all circumstances, in
20. See, in this respect, Rules 4 and 8 of Committee of Ministers Recommendation Rec (2006) 2 of
11 January 2006 on the European Prison Rules and Rule 74, paragraph 3, of the United Nations
Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules). See also paragraphs 24 and 25 of the report on the 2016 visit to Belgium.
General Report of the CPT, 2017 ► Page 58
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents