CPT: 11TH GENERAL REPORT
Tackling the phenomenon of inter-prisoner
violence requires that prison staff be placed in a position,
including in terms of staffing levels, to exercise their
authority and their supervisory tasks in an appropriate
manner. Prison staff must be alert to signs of trouble and
be both resolved and properly trained to intervene when
necessary. The existence of positive relations between
staff and prisoners, based on the notions of secure
custody and care, is a decisive factor in this context;
this will depend in large measure on staff possessing
appropriate interpersonal communication skills.
Further, management must be prepared fully to support
staff in the exercise of their authority. Specific security
measures adapted to the particular characteristics of the
situation encountered (including effective search
procedures) may well be required; however, such
measures can never be more than an adjunct to the
above-mentioned basic imperatives. In addition, the
prison system needs to address the issue of the
appropriate classification and distribution of prisoners.
Prisoners suspected or convicted of sexual
offences are at a particularly high risk of being
assaulted by other prisoners. Preventing such acts will
always pose a difficult challenge. The solution that is
often adopted is to separate such prisoners from the
rest of the prison population. However, the prisoners
concerned may pay a heavy price for their – relative –
security, in terms of much more limited activities
programmes than those available under the normal
prison regime. Another approach is to disperse
prisoners suspected or convicted of sexual offences
throughout the prison concerned. If such an approach
is to succeed, the necessary environment for the proper
integration of such prisoners into ordinary cell blocks
must be guaranteed; in particular, the prison staff must
be sincerely committed to dealing firmly with any
signs of hostility or persecution. A third approach can
consist of transferring prisoners to another
establishment, accompanied by measures aimed at
concealing the nature of their offence. Each of these
policies has its advantages and disadvantages, and the
CPT does not seek to promote a given approach as
opposed to another. Indeed, the decision on which
policy to apply will mainly depend on the particular
circumstances of each case.
15
Prison overcrowding
28.
The phenomenon of prison overcrowding
continues to blight penitentiary systems across Europe
and seriously undermines attempts to improve
conditions of detention. The negative effects of prison
overcrowding have already been highlighted in
previous General Reports.11 As the CPT’s field of
operations has extended throughout the European
continent, the Committee has encountered huge
incarceration rates and resultant severe prison
overcrowding. The fact that a State locks up so many
of its citizens cannot be convincingly explained away
by a high crime rate; the general outlook of members
of the law enforcement agencies and the judiciary
must, in part, be responsible.
In such circumstances, throwing increasing
amounts of money at the prison estate will not offer a
solution. Instead, current law and practice in relation to
custody pending trial and sentencing as well as the
range of non-custodial sentences available need to be
reviewed. This is precisely the approach advocated in
Committee of Ministers Recommendation N° R (99)
22 on prison overcrowding and prison population
inflation. The CPT very much hopes that the principles
set out in that important text will indeed be applied by
member States; the implementation of this
Recommendation deserves to be closely monitored by
the Council of Europe.
Large capacity dormitories
29.
In a number of countries visited by the CPT,
particularly in central and eastern Europe, inmate
accommodation often consists of large capacity
dormitories which contain all or most of the facilities
used by prisoners on a daily basis, such as sleeping and
living areas as well as sanitary facilities. The CPT has
objections to the very principle of such accommodation
arrangements in closed prisons and those objections are
reinforced when, as is frequently the case, the
dormitories in question are found to hold prisoners
under extremely cramped and insalubrious conditions.
No doubt, various factors - including those of a cultural
nature - can make it preferable in certain countries to
provide multi-occupancy accommodation for prisoners
rather than individual cells. However, there is little to
be said in favour of - and a lot to be said against arrangements under which tens of prisoners live and
sleep together in the same dormitory.
11
2nd General Report - CPT/Inf (92) 3, paragraph 4,
and 7th General Report - CPT/Inf (97) 10,
paragraphs 12-15.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents