Due to its intrusive nature and bearing in mind the principle of presumption of innocence, the basic tenet is that remand detention should only be used as a measure
of last resort (ultima ratio). It should be imposed for the shortest time possible and
should be based on a case-by-case evaluation of the risks of committing a new crime,
of absconding, or of tampering with evidence or witnesses or otherwise interfering with the course of justice.4 Moreover, the nature and gravity of the offence the
person is suspected of having committed should be duly taken into account when
assessing the proportionality of the measure.
In the CPT’s view, the principle that remand detention should only be imposed as a
last resort implies in the first place that, as far as possible, non-custodial measures
should be applied. This requires the availability of a broad range of measures, such
as the conditional suspension of pre-trial detention, bail, house arrest, electronic
monitoring, the obligation to comply with certain orders, judicial supervision, the
removal of passports, etc. Such a range of alternatives should also be considered for
foreign nationals, and the fact that such a person is neither a national nor a resident
of the state, or that he/she does not have any other links with that state, should not,
in itself, be sufficient to conclude that there is a risk of flight.5
2. Remand detention in prisons
54. Reception and induction programmes have an important role to play for
persons remanded in custody who enter the prison system. If performed properly,
they will enable prison staff to carry out an individual risk and needs assessment,
including the identification of those most at risk of self-harm, and will relieve some
of the anxiety experienced by all newly-arrived prisoners. Further, they will provide
an opportunity to acquaint prisoners with the running of the prison, including the
regime and daily routine, as well as ensure that they have been able to contact
their family. To this end, prisoners should be provided with oral information and
a comprehensive information booklet which should exist in an appropriate range
of languages. Particular attention should be paid to ascertain that the information
provided is understood by prisoners with reading and writing difficulties and by
foreign nationals who do not speak the language(s) spoken by staff.
Given the strong impact a first-time admission to a prison may have on the person
concerned, consideration might be given to extending the above-mentioned induction programme over several days in order to provide newly-admitted prisoners with
a greater opportunity to absorb the information. If such an induction programme is
not properly carried out, prisoners will rely on other prisoners to tell them about the
regime and the rules, which can easily place certain prisoners in a superior position.
4. See Articles 5(1)(c) and 5(3) of the European Convention on Human Rights and the relevant case-law
of the European Court of Human Rights, as well as the White Paper on Prison Overcrowding, the
Council of Europe’s Committee on Crime Problems (CDPC), PC-CP (2015) 6 rev 7, paragraph 62.
5. See Rule 13.2 of Recommendation CM/Rec(2012)12 of the Committee of Ministers to member
states concerning foreign prisoners.
General Report of the CPT, 2016 ► Page 32
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