The CPT’s experience shows that in some countries, reception and induction programmes may last for several weeks and the regime applied to prisoners undergoing them may be very restrictive, sometimes amounting to solitary confinement. The CPT considers in this respect that newly-admitted prisoners should be allocated to ordinary accommodation units as soon as possible after a risk and needs assessment has taken place upon admission. Moreover, conditions for newly-arrived prisoners should not amount to a solitary confinement-type regime for prolonged periods. Further, in addition to induction-related activities, a minimum of one hour of outdoor exercise per day should be provided from the outset of the induction period.6 55. Most countries make provision for separating remand and sentenced prisoners, as stipulated in the European Prison Rules (Rule 18.8) and other international instruments.7 The European Prison Rules (Rules 18.9 and 101) also allow exceptions in this regard to enable remand prisoners to participate in joint organised activities with sentenced prisoners, whilst generally keeping both categories of prisoner separate at night. In some countries, arrangements are made to organise joint activities for remand and sentenced prisoners, with both categories sometimes being accommodated in the same cells/units. In the CPT’s opinion, allowing remand prisoners to participate in organised activities together with sentenced prisoners is undoubtedly better than confining remand prisoners to their cells for up to 23 hours a day for prolonged periods as is currently the case in many Council of Europe member states. However, efforts should be made to accommodate remand prisoners separately from sentenced prisoners. In fact, the CPT prefers for remand prisoners to have a satisfactory programme of activities whilst always being separated from sentenced prisoners, in full respect for the principle of presumption of innocence. Such separation also protects remand prisoners who enter the prison environment for the first time and who may be innocent from the potential criminal influence of sentenced prisoners. In this connection, the importance of a risk and needs assessment of all persons entering prison, as described in paragraph 54, cannot be over-emphasised, as it may not be appropriate to mix first-time remand prisoners with the large numbers of persons re-entering prison for a second time or more. 56. During its many visits, the CPT found that remand prisoners frequently had to share cells which provided less than 3 m² of living space per person (and sometimes even less than 2 m²). Moreover, the cells were not always equipped for the number of inmates they accommodated. For instance, prisoners were compelled to sleep on mattresses placed directly on the floor or even had to share beds and sleep in shifts. Among other things, this results in a complete lack of privacy and may well increase tension between inmates. Such intolerable conditions, which may last for months or even years, are often exacerbated by the fact that remand prisoners have to spend most of the time in their cell, as the regime of organised activities is often extremely limited for this category of prisoner (see, in this regard, paragraph 58). 6. See also paragraph 68 concerning juveniles. 7. See, for instance, Article 10(2)(a) of the International Covenant on Civil and Political Rights and Rule 11(b) of the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules). Remand detention ► Page 33

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