VILLEFRANCHE SUR SAÔNE (RECOMMENDATIONS)
sentence, in a form of cul-de-sac difficult both for the prisoner and for
the prison staff. By using the principle of volunteers for designating
the staff assigned to those with a ‘programme’, the situation is simply
aggravated by placing the staff also into an unjustified system of
segregation.
If individual prison programmes are to be implemented, it must be
on condition that concrete proposals be genuinely available to all
prisoners without exception, and that the corresponding resources
be put in place.
2/ The ability for prisoners to appeal against decisions that affect
them seems to be ineffectively applied: any letter can be opened
by the person against whom the prisoner is complaining; there is no
guarantee letters will arrive at their destination; letters can remain
unanswered. It is true that some letters are abusive, and many will
not achieve their aims. Nevertheless, however clumsy or error-strewn,
prisoners’ requests should not be simply ignored. In the absence of
any response, violent and unpredictable protests are inevitable in the
short or medium term - indeed the absence of any response is ample
justification in the eyes of those involved.
All prisoners have the right of recourse to the prison authorities, as
described in the European Prison Rules (rule 70.1); they must have
the means of exercising this right. To this end, prisoners (including
those who cannot write) must be given access to the means of
communicating; the letters must be delivered directly to the addressee;
the necessary confidentiality must be granted; a reasoned response
must be provided. Considerable efforts need to be made in this area.
3/ Similarly, it is clear that the directors of these institutions and their
deputies carry out their responsibilities in difficult conditions. They are
responsible for managing the staff, the physical installations in the
facility, discussions and meetings with those who have dealings with
the prison and, naturally, fulfilling the missions that are implied by the
nature of the institutions for which they are responsible. This multitude
of tasks should not hide the fact that the essential item is a thorough
knowledge of the establishment and of the people within. In this area,
it is not acceptable that they delegate responsibility to just senior
detention management (heads of detention and prison officers). It is
important that they have a deep understanding of the prisoners and
that they provide the prison staff with all the support they need.
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