17
II. Imprisonment
Extract from the 2nd General Report [CPT/Inf (92) 3]
44.
In introduction, it should be emphasised that the CPT must examine many questions
when visiting a prison. Of course, it pays special attention to any allegations of ill-treatment of
prisoners by staff. However, all aspects of the conditions of detention in a prison are of relevance
to the CPT's mandate. Ill-treatment can take numerous forms, many of which may not be
deliberate but rather the result of organisational failings or inadequate resources. The overall
quality of life in an establishment is therefore of considerable importance to the CPT. That
quality of life will depend to a very large extent upon the activities offered to prisoners and the
general state of relations between prisoners and staff.
45.
The CPT observes carefully the prevailing climate within an establishment. The
promotion of constructive as opposed to confrontational relations between prisoners and staff
will serve to lower the tension inherent in any prison environment and by the same token
significantly reduce the likelihood of violent incidents and associated ill-treatment. In short, the
CPT wishes to see a spirit of communication and care accompany measures of control and
containment. Such an approach, far from undermining security in the establishment, might well
enhance it.
46.
Overcrowding is an issue of direct relevance to the CPT's mandate. All the services
and activities within a prison will be adversely affected if it is required to cater for more
prisoners than it was designed to accommodate; the overall quality of life in the establishment
will be lowered, perhaps significantly. Moreover, the level of overcrowding in a prison, or in a
particular part of it, might be such as to be in itself inhuman or degrading from a physical
standpoint.
47.
A satisfactory programme of activities (work, education, sport, etc.) is of crucial
importance for the well-being of prisoners. This holds true for all establishments, whether for
sentenced prisoners or those awaiting trial. The CPT has observed that activities in many remand
prisons are extremely limited. The organisation of regime activities in such establishments which have a fairly rapid turnover of inmates - is not a straightforward matter. Clearly, there can
be no question of individualised treatment programmes of the sort which might be aspired to in
an establishment for sentenced prisoners.
However, prisoners cannot simply be left to languish for weeks, possibly months,
locked up in their cells, and this regardless of how good material conditions might be within the
cells. The CPT considers that one should aim at ensuring that prisoners in remand establishments
are able to spend a reasonable part of the day (8 hours or more) outside their cells, engaged in
purposeful activity of a varied nature. Of course, regimes in establishments for sentenced
prisoners should be even more favourable.
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