In the CPT’s opinion, the minimum standards for personal living space in prison
establishments should be 6 m² for a single-occupancy cell and 4 m² per prisoner for
a multiple-occupancy cell (excluding sanitary facilities).8 Providing living space of less
than 4 m² significantly increases the risk of a violation of Article 3 of the European
Convention on Human Rights. In this context, in its recent Grand Chamber judgment in the case of Muršić v. Croatia,9 the European Court of Human Rights stated
that “[w]hen the personal space available to a detainee falls below 3 sq. m of floor
surface in multi-occupancy accommodation in prisons, the lack of personal space
is considered so severe that a strong presumption of a violation of Article 3 arises.
[…] In cases where a prison cell – measuring in the range of 3 to 4 sq. m of personal
space per inmate – is at issue the space factor remains a weighty factor in the Court’s
assessment of the adequacy of conditions of detention.”
57. The Committee also wishes to reiterate that every effort should be made to
phase out the practice of accommodating remand prisoners in dormitories and
to move towards cellular accommodation for a small number of inmates. Ideally,
remand prisoners (as well as sentenced prisoners) should be accommodated in single
cells except where it is preferable for them to share sleeping accommodation.10
58. Since the beginning of its activities in the early 1990s, the CPT has emphasised
the crucial importance a satisfactory programme of activities has for prisoners,
including those on remand. In this regard, it is a matter of serious concern that, in
a considerable number of countries, the specific recommendations made by the
Committee concerning the regime of remand prisoners remain to be implemented.
Whilst acknowledging that the provision of organised activities in remand prisons,
where there is likely to be a high turnover of inmates, poses particular challenges,
it is not acceptable to lock up remand prisoners in their cells for up to 23 hours per
day and to leave them to their own devices for months or even years on end.
The CPT calls upon the prison authorities of the countries concerned to devise and
implement a comprehensive regime of out-of-cell activities. The aim should be to
ensure that remand prisoners (as well as sentenced prisoners) are able to spend a
reasonable part of the day (i.e. eight hours or more) outside their cells, engaged
in purposeful activity of a varied nature (work, preferably with vocational value,11
education, sport, recreation/association). The longer the period of remand detention,
the more varied the regime should be. All prisoners, without exception, must be
offered at least one hour of outdoor exercise a day, in suitable facilities.
59. As regards contact with the outside world, the CPT considers that remand
prisoners should in principle be allowed to communicate with their family and other
persons (correspondence, visits, telephone) in the same way as sentenced prisoners.12
All inmates should benefit from a visiting entitlement of at least one hour every
week and have access to a telephone at the very least once a week (in addition to
8. 25th General Report on the CPT’s activities (CPT/Inf (2016) 10), paragraph 84.
9. Muršić v. Croatia [GC], no. 7334/13, 20 October 2016.
10. See also Rules 18.5 and 96 of the European Prison Rules.
11. It should be added, however, that, according to Rule 100.1 of the European Prison Rules, “[u]ntried
prisoners shall be offered the opportunity to work but shall not be required to work”.
12. See Rule 99 of the European Prison Rules.
General Report of the CPT, 2016 ► Page 34
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