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close to two hundred cases throughout 2017-18 alone.3 The compatibility of
prison conditions with fundamental human rights is thus a problem that
goes beyond national contexts, and has practical relevance for the EU.
EU binding minimum standards for detention conditions are urgently needed.
However, as the political will to implement such change is currently lacking,
this Project looks at alternative paths for facilitating the consolidation and
harmonisation of detention standards, at least to the extent it is realistically
possible without actions from the EU. The Project thus explores the role of
NPMs in improving detention conditions across the EU, departing from the
assumption that improving detention conditions “at home” can contributes
to increased mutual trust between the Member States (MSs).
NPMs are in an ideal position to observe the implementation of international
standards that support and reinforce the prohibition of torture and illtreatment. Their role is all the more important because with their strong
powers to access places, documentations, and persons, NPMs are able to
assess if these standards are met in law and practice.4
Further, according to the SPT “the prevention of torture and ill-treatment
embraces – or should embrace – as many as possible of those things which in a
given situation can contribute towards the lessening of the likelihood or risk of
torture or ill-treatment occurring. Such an approach requires … that attention also
be paid to the whole range of other factors relevant to the experience and treatment
of persons deprived of their liberty and which by their very nature will be context
specific.”5 This means that NPMs have a broad mandate that allows them to
identify all factors that may be relevant for the prevention of torture and
ill-treatment in concrete cases and, thus, have all it takes to investigate the
root causes of the problems.
For these reasons, NPMs can and should go beyond mere inspection and
monitoring of compliance. Rather they should offer recommendations on
3. European Commission, ‘Replies to Questionnaire on Quantitative Information on the Practical Operation
of the European Arrest Warrant – Year 2018’, SWD(2020) 127 final, July 2020, § 6.
4. Subcommittee on Prevention of Torture (SPT), ‘The Approach of the Subcommittee on Prevention of
Torture to the Concept of Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment’ (2010), CAT/OP/12/6, § 4.
5. Ibid, § 3.
Prisoners in a Situation of Vulnerability