the decision and made the changes requested, prompting the NPM to conclude that it was more
effective than the years of preparing NPM reports.253
Raising awareness of the implications of a prison sentence
It has been noted that in many countries most judges have never been to a prison before.254 Malcolm Richardson, Chairman of the Magistrates Association of England and Wales commented that:
“Sending offenders to prison, within the strict parameters of the sentencing guidelines, is one of the
toughest decisions magistrates have to take on behalf of society. We therefore believe that seeing
prison through visitation should be an essential part of judicial training for magistrates.”255
Thus raising awareness of the implications of a prison sentence might possibly contribute to judges
taking a different approach to sentencing, for example, applying alternatives to detention on a more
frequent basis. To address this issue, the French NPM offers judges the possibility to join the NPM
for visits to places of detention during the course of their training.256
Raising awareness of conditions of detention and social implications of handing down custodial sentences, should form part of judicial training. While this might differ from country to country, NPMs
could in principle play a role in this, as demonstrated by the example of the French NPM practice,
particularly as the mandate of the NPM centres around collecting relevant information relating to
conditions of detention in the national context.
At the same time, judges will possess information about jurisprudence and cases that might be very
relevant for NPMs’ work. Following relevant jurisprudence requires adequate resources for NPMs.
Several NPMs confirmed that it would be useful to share information. It might thus be useful for
both, judges and NPMs, to exchange information and experiences on joint subjects of concern relevant for both institutions’ professional endeavours.
There are a series of different entry points where using information or other modalities of coordination between the judiciary and NPMs could be extremely useful for both of their professional
contexts and which at the same time would contribute to achieving improved conditions of detention and safeguards, thereby preventing the ill-treatment of detainees. These entry points will be
outlined in the following sub-chapters.
253
Interview with Slovenian NPM, 31.8.2016. The cases referred to are Mandić and Jović v. Slovenia (Application Nos. 5774/10
and 5985/10)) regarding the detention conditions of prisoners on remand and Štrucl and Others v. Slovenia (Applications
Nos. 5903/10 and 6003/10 and 6544/10 regarding detention conditions in the closed section of the same prison
254
See The Guardian, “Magistrates demand prison visit as part of judicial training”. Available: https://www.theguardian.
com/law/2016/nov/01/magistrates-demand-prison-visits-as-part-of-judicial-training?CMP=Share_AndroidApp_Gmail
(3 November 2016).
255
Ibidem.
256
Cooperation/coordination between NPMs and judges who have a mandate to visit places of detention will be elaborated
in more detail in Chapter 4.2.2.4 below.
67
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