CPT: 11TH GENERAL REPORT
Further, the prisoners concerned should not be
segregated from the rest of the prison population unless
this is strictly necessary on medical or other grounds.
In this connection, the CPT wishes to stress in
particular that there is no medical justification for the
segregation of prisoners solely on the grounds that they
are HIV-positive.
In order to dispel misconceptions on these
matters, it is incumbent on national authorities to
ensure that there is a full educational programme about
transmissible diseases for both prisoners and prison
staff. Such a programme should address methods of
transmission and means of protection as well as the
application of adequate preventive measures. More
particularly, the risks of HIV or hepatitis B/C infection
through sexual contacts and intravenous drug use
should be highlighted and the role of body fluids as the
carriers of HIV and hepatitis viruses explained.
It must also be stressed that appropriate
information and counselling should be provided before
and - in the case of a positive result - after any
screening test. Further, it is axiomatic that patientrelated information should be protected by medical
confidentiality. As a matter of principle, any
interventions in this area should be based on the
informed consent of the persons concerned.
Moreover, for control of the above-mentioned
diseases to be effective, all the ministries and agencies
working in this field in a given country must ensure
that they co-ordinate their efforts in the best possible
way. In this respect the CPT wishes to stress that the
continuation of treatment after release from prison
must be guaranteed.
High security units
32.
In every country there will be a certain
number of prisoners considered to present a
particularly high security risk and hence to require
special conditions of detention. The perceived high
security risk of such prisoners may result from the
nature of the offences they have committed, the
manner in which they react to the constraints of life in
prison, or their psychological/psychiatric profile. This
group of prisoners will (or at least should, if the
classification system is operating satisfactorily)
represent a very small proportion of the overall prison
population. However, it is a group that is of particular
concern to the CPT, as the need to take exceptional
measures vis-à-vis such prisoners brings with it a
greater risk of inhuman treatment.
17
Prisoners who present a particularly high
security risk should, within the confines of their
detention units, enjoy a relatively relaxed regime by
way of compensation for their severe custodial
situation. In particular, they should be able to meet
their fellow prisoners in the unit and be granted a good
deal of choice about activities. Special efforts should
be made to develop a good internal atmosphere within
high-security units. The aim should be to build positive
relations between staff and prisoners. This is in the
interests not only of the humane treatment of the unit's
occupants but also of the maintenance of effective
control and security and of staff safety.
The existence of a satisfactory programme of
activities is just as important - if not more so - in a high
security unit than on normal location. It can do much to
counter the deleterious effects upon a prisoner's
personality of living in the bubble-like atmosphere of
such a unit. The activities provided should be as
diverse as possible (education, sport, work of
vocational value, etc.). As regards, in particular, work
activities, it is clear that security considerations may
preclude many types of work which are found on
normal prison location. Nevertheless, this should not
mean that only work of a tedious nature is provided for
prisoners.
It is axiomatic that prisoners should not be
subject to a special security regime any longer than the
risk they present makes necessary. This calls for
regular reviews of placement decisions. Such reviews
should always be based on the continuous assessment
of the individual prisoner by staff specially trained to
carry out such assessment. Moreover, prisoners should
as far as possible be kept fully informed of the reasons
for their placement and, if necessary, its renewal; this
will inter alia enable them to make effective use of
avenues for challenging that measure.
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