III)  The purpose of imprisonment and restriction of rights under the principle of “ultima ratio” This is the framework I used for assessment of the treatment of the imprisoned convicts. In each restriction of a convict’s fundamental right or freedom, I assessed whether the given restriction served to achieve the purpose of imprisonment, whether it was suitable (necessary) for this purpose, and whether it was proportional. In each restriction of the rights and freedoms of the convicts, I simultaneously assessed whether or not it infringed on human dignity and reached the severity of ill-treatment. 1) Conditions in individual prisons The legal regulation of the rights and duties of the convicts applies the same to all convicts in all prisons of the same type. However, with regard to the principle of equality, the law does not and, in reality, cannot take into consideration the factual differences of imprisonment in the individual prisons. These factual differences rest especially in the geographical position of the prison, the design layout of the prison, the material conditions, the availability of treatment programmes, the composition and number of convicts, staffing, access to jobs, etc. Heads of prisons should be aware of these factual differences between prisons as well as of the resulting disadvantaged position of certain individual convicts. This logic should be applied to exercising the rights and enforcing the duties of the convicts. The CPT is also aware of the fact that the position of the convicts is not equal. For these reasons, a certain degree of flexibility in visiting and phone rules is required with regard to the convicts who are placed far from their families. 10 10 the conditions in individual prisons differ Excerpt from the second General Report [CPT/Inf (92) 3], par. 51. In: EUROPEAN COMMITTEE FOR THE PREVENTION OF TORTURE AND INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (CPT). CPT Standards [online]. CPT/Inf/E (2002) 1 – Rev. 2004 [retrieved on 20 November 2015]. Available at: http://www.cpt.coe.int/lang/cze/cze-standards.pdf. /11/