14
CPT: 11TH GENERAL REPORT
SOME RECENT DEVELOPMENTS
CONCERNING CPT STANDARDS IN RESPECT OF IMPRISONMENT
25.
Almost a decade has elapsed since the CPT
described, in its 2nd General Report10, some of the main
issues pursued by the Committee when visiting prison
establishments. In the meantime, the Committee has
carried out more than 100 visits and the number of
Parties to the Convention has practically doubled.
Naturally, the CPT’s standards in respect of
imprisonment have gradually evolved, in the light of
the new situations encountered and the experience
gathered.
The CPT intends, progressively, to draw up
updated descriptions of its standards in all areas falling
within its mandate. For the time being, the CPT would
like, in this section of its 11th General Report, to
highlight a miscellany of issues in the area of prison
matters which are of particular current concern to the
Committee and, no doubt, to those responsible for
prison administration and to other interested circles
throughout Europe.
Staff-prisoner relations
26.
The cornerstone of a humane prison system
will always be properly recruited and trained prison
staff who know how to adopt the appropriate attitude in
their relations with prisoners and see their work more
as a vocation than as a mere job. Building positive
relations with prisoners should be recognised as a key
feature of that vocation.
Regrettably, the CPT often finds that relations
between staff and prisoners are of a formal and distant
nature, with staff adopting a regimented attitude
towards prisoners and regarding verbal communication
with them as a marginal aspect of their work. The
following practices frequently witnessed by the CPT
are symptomatic of such an approach: obliging
prisoners to stand facing a wall whilst waiting for
prison staff to attend to them or for visitors to pass by;
requiring prisoners to bow their heads and keep their
hands clasped behind their back when moving within
the establishment; custodial staff carrying their
truncheons in a visible and even provocative manner.
Such practices are unnecessary from a security
standpoint and will do nothing to promote positive
relations between staff and prisoners.
10
CPT/Inf (92) 3, paragraphs 44-57
The real professionalism of prison staff
requires that they should be able to deal with prisoners
in a decent and humane manner while paying attention
to matters of security and good order. In this regard
prison management should encourage staff to have a
reasonable sense of trust and expectation that prisoners
are willing to behave themselves properly. The
development of constructive and positive relations
between prison staff and prisoners will not only reduce
the risk of ill-treatment but also enhance control and
security. In turn, it will render the work of prison staff
far more rewarding.
Ensuring positive staff-inmate relations will
also depend greatly on having an adequate number of
staff present at any given time in detention areas and in
facilities used by prisoners for activities. CPT
delegations often find that this is not the case. An
overall low staff complement and/or specific staff
attendance systems which diminish the possibilities of
direct contact with prisoners, will certainly impede the
development of positive relations; more generally, they
will generate an insecure environment for both staff
and prisoners.
It should also be noted that, where staff
complements are inadequate, significant amounts of
overtime can prove necessary in order to maintain a
basic level of security and regime delivery in the
establishment. This state of affairs can easily result in
high levels of stress in staff and their premature
burnout, a situation which is likely to exacerbate the
tension inherent in any prison environment.
Inter-prisoner violence
27.
The duty of care which is owed by custodial
staff to those in their charge includes the responsibility
to protect them from other inmates who wish to cause
them harm. In fact, violent incidents among prisoners
are a regular occurrence in all prison systems; they
involve a wide range of phenomena, from subtle forms
of harassment to unconcealed intimidation and serious
physical attacks.
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