exercise of the franchise. In Europe at least, prisons are changing in how the
legal system engages with the treatment of prisoners.
This text examines one particular aspect of this protection: the prohibition
of ill-treatment in prison. It focuses upon what this prohibition entails, and
the emergence of positive obligations and new expectations in respect of
the responsibilities of prison services towards those entrusted to its care. It
also examines the development of new obligations in respect of combating
the impunity of those who use ill-treatment in places of detention. It seeks
to provide a basic awareness of European standards, both in terms of legal
obligations under the European Convention on Human Rights (ECHR) and in
respect of standard-setting by allied bodies (in particular, by the European
Committee for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment (CPT), but also by the Committee of Ministers of the Council
of Europe). It also highlights examples of good practice in domestic systems
that may be worthy of emulation elsewhere.
Working in prisons is not without significant challenge. The intention is that
this text will help those concerned with this area of public provision achieve
a more humane and open service. In this regard, it seeks to help realisation
of Rule 81(4) of the Committee of Ministers Recommendation Rec. R(2006)2
on the European Prison Rules. This provides that “The training of all staff shall
include instruction in the international and regional human rights instruments
and standards, especially by ECHR and the European Convention for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment
(CPT Convention), as well as in the application of the European Prison Rules.”
This text is designed for practitioners. It provides a guide to these legal
instruments and standards in an accessible way. It follows upon a multilateral meeting held in Strasbourg in spring 2015 which helped bring together
management and leadership from prison services from across Europe to
address issues of common concern. It was clear from the discussions during
the two days of the meeting that not only do many countries face the same
set of problems, but also that “good practice” does exist across Europe, and
that discussion not only of these challenges but also of possible solutions
can be of real assistance. Following the meeting, representatives were
asked to highlight further instances of “good practice” in their countries
that could be of use elsewhere across Europe. Many good ideas were highlighted. In the space available, only a handful of these could be included.
The focus on the prevention of ill-treatment in prison
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