CPT has been in existence only for some 25 years. Over time, however, the
European Court of Human Rights has begun to rely upon CPT reports both as
to its findings in places of detention and also its standards (in helping interpret
the responsibilities assumed by States when ratifying the ECHR). The gradual
fusion of CPT recommendations into legally-binding standards helps explain
why European standards and expectations in prisons have moved from the
basic prohibition of ill-treatment to a series of requirements covering many
aspects of daily prison life. It puts the protection of the prisoner upon a new
level. In doing so, however, it also can help professionalise those who work in
the prison service. In particular, there is growing stress placed upon concepts
such as “dynamic security” and the elevation of the work of those involved in
prison healthcare.
The starting-point in all of this is the fundamental and basic principle that illtreatment is prohibited. Key international treaties such as the International
Covenant on Civil and Political Rights (ICCPR) stress that the right not to be
subjected to torture or inhuman or degrading treatment or punishment
is absolute. This approach is reflected at European level. According to the
European Court of Human Rights, Article 3 of the ECHR “enshrines one of the
fundamental values of the democratic societies making up the Council of
Europe”.1 The text of Article 3 is succinct. The formulation of the prohibition
of torture or inhuman or degrading treatment or punishment excludes any
exception. As well as the essentially negative obligation – to refrain from the
use of torture or ill-treatment – states undertake a number of positive obligations. In the context of prison, for example, there is an obligation to protect
prisoners from the risks posed by other prisoners.
This fusion of positive and negative obligations under international law, a
process influenced by the work of the CPT, has had a significant impact upon
the development of standards at a European level. Further impetus has come
in the form of non-binding standard-setting by the Committee of Ministers of
the Council of Europe. In particular, the European Prison Rules are designed
to inform and instruct those working in the field, whether as policy-makers,
prison managers or prison staff.
Yet while European expectations are world-leading, it cannot yet be said
that these standards have been fully realised at a domestic level. Both CPT
reports and judgments of the European Court of Human Rights counteract
any suggestion that it is mere occasional lapse that preclude full satisfaction;
rather, the picture painted is often one of significant under-achievement on
account of lack of material resources, adequate training, and political and
1.
Soering v United Kingdom (1989) A 161, at para 88.
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