All of the prisoners encountered reported the difficulty of living in a space of this kind.
They explained to the inspectors that in order “to breathe”, they stood on a chair and pressed
their face against the top of this tiny opening.
The three remaining cells of the solitary confinement wing were equipped and fitted out
like the cells of the punishment wing, apart from the wire-meshed security entrances: the bed,
table and stool were fixed to the floor, the sink was built into a concrete stand, the toilets lacked
any means of separation, the only movable furniture was comprised of corner shelves and the
window showed the same characteristics as those of the other cells of this solitary confinement
wing (QI).
Asked about the reasons for the creation of these three cells, the contacts encountered
stated that they had been designed in order to deal with the violent behaviour of certain
prisoners: this being a question of protecting the persons themselves as much as enabling actions
on the part of staff to be rendered secure.
With more specific regard to the punishment wing, the inspectors noted that the cells
were still too often smaller than ordinary cells, since the security entrance takes up a part of the
space reserved for accommodation, as well as being much darker, as recalled by the European
Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
(CPT)213.
In one long-term detention centre, the punishment cells have a surface area of 6 m², part
of which is taken up by a wire-meshed security entrance of 1 m².
In one remand prison, the inspectors ascertained that none of the punishment cells were
equipped with windows. Daylight entered by means of a wire-meshed light tube. In the long-stay
wing of one prison, although the cells are equipped with an opening, which moreover is free of
any bars or grilles, the latter is a small square window of 40 cm in length.
1.2
Arrangement of Premises which Respects Dignity, Privacy and the
Concern for Confidentiality
The inspectors find that priority is given to the surveillance of patients and
that the architectural consequences of this priority infringe the latters’ wellbeing, dignity and privacy. The findings are identical for prisons, in which
the priority given to the objective of the maintenance of order infringes
fundamental rights, without any proof ever being provided of the manner in
which this infringement of these rights might be necessary and
proportionate.
Dignity, privacy and confidentiality are often closely interlinked and lack of respect for
one of them very often leads to violation of another. Thus the circumstances under which a third
party may be led to learn of a person’s penal situation, for example by seeing them being led
wearing leg-cuffs, infringe the confidentiality of their situation while also violating their personal
dignity. Similarly, failure to make closed and soundproofed interview rooms available not only
infringes the confidentiality of what is said them but also, in certain situations, infringes the
privacy of personal relations.
213
Cf. CPT/Inf/E (2002) 1 - Rev. 2011, English , page 35: “All too often, CPT delegations find that one or more of
these basic requirements are not met, in particular in respect of prisoners undergoing solitary confinement as a
disciplinary sanction. For example, the cells designed for this type of solitary confinement are sometimes located in
basement areas, with inadequate access to natural light and ventilation and prone to dampness. And it is not unusual
for the cells to be too small, sometimes measuring as little as 3 to 4m² (…)".
134
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