–4– Promoting higher standards 12. Rule 18.5 of the European Prison Rules (2006) states that “Prisoners shall normally be accommodated during the night in individual cells except where it is preferable for them to share sleeping accommodation.” Indeed, in many Council of Europe countries, prisoners are provided with an individual cell, often measuring between 7.5m² and 9.5m². The CPT has consistently stated that single-occupancy cells of less than 6m² (excluding the sanitary annexe) should be either withdrawn from service or enlarged in order to provide adequate living space for one inmate. 13. When devising the standard of 4m² of living space, the CPT had in mind on the one hand the trend observed in a number of western European countries of doubling up 8 to 9m² cells that were originally designed for single occupancy, and on the other hand the existence of large-capacity dormitories in prison establishments (colonies) in various central and eastern European countries. 14. Although the CPT has never explicitly defined “multiple-occupancy”, an analysis of visit reports indicates that cells for two to four inmates implicitly fall under this notion.7 Consequently, the CPT has regularly implied that cells measuring 8m² were acceptable for two inmates, cells of 12m² for three, and cells measuring 16m² were adequate for four inmates. However, in a nonnegligible number of cases, the CPT has also stated that cells of 8m² (or 8 to 9m²) should “preferably” (Slovenia, 2006; Hungary, 2013) or “idéalement” (Belgium, 2009) accommodate only one prisoner; or should be “used to accommodate no more than one prisoner save in exceptional cases when it would be inadvisable for a prisoner to be left alone” (UK, 2003). In the report on its 2011 visit to the Netherlands, the Committee stated that accommodation in double cells measuring between 8 and 10m² was “not without discomfort” to the prisoners, and in the report on the 2011 visit to Ireland, it recommended that “efforts be made to avoid as far as possible placing two prisoners in 8m² cells”. 15. Clearly, the aforementioned examples suggest that the 4m² per prisoner standard may still lead to cramped conditions when it comes to cells for a low number of inmates. Indeed, given that 6m² is the minimum amount of living space to be afforded to a prisoner accommodated in a singleoccupancy cell, it is not self-evident that a cell of 8m² will provide satisfactory living space for two prisoners. In the CPT’s view, it is appropriate at least to strive for more living space than this. The 4m² standard is, after all, a minimum standard. 16. For these reasons, the CPT has decided to promote a desirable standard regarding multipleoccupancy cells of up to four inmates by adding 4m² per additional inmate to the minimum living space of 6m² of living space for a single-occupancy cell:    2 prisoners: at least 10m² (6m² + 4m²) of living space + sanitary annexe 3 prisoners: at least 14m² (6m² + 8m²) of living space + sanitary annexe 4 prisoners: at least 18 m² (6m² + 12m²) of living space + sanitary annexe 17. In other words, it would be desirable for a cell of 8 to 9m² to hold no more than one prisoner, and a cell of 12m² no more than two prisoners. 18. The CPT encourages all Council of Europe member states to apply these higher standards, in particular when constructing new prisons. 7 See, for example, the report on the 2013 visit to Poland (CPT/Inf. (2014) 21, paragraph 49).

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