23
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.
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.
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