1.3 Victims of Physical Abuse 1.3.1. International Standards There is a positive obligation to protect inmates who may be vulnerable to physical abuse. For instance, the Convention against Torture requires that effective preventative measures against torture and ill-treatment not only includes legislative, administrative and judicial measures, but also includes other measures.23 Such measures, for example, include ensuring the physical safety of the inmates at risk by having an adequate number of staff at all times, guaranteeing that all prison staff have had the appropriate training in order to protect inmates from other inmates wishing to cause them harm and, more generally, having procedures in place to reduce the overall risk of violence in prisons. These standards are set forth in various instruments including the UN Human Rights Committee General Comments, the Council of Europe’s European Prison Rules24 and the European Committee for the Prevention of Torture (CPT).25 1.3.2. General observations Most inmates who claimed to have been subjected to physical violence were frequently persons sentenced to prison terms of five years or less. Both prisoners and prison staff alike explained that inmates serving long term sentences tend to adapt their behaviour in a manner which does not provoke or induce physical violence by prison guards. The majority of the inmates interviewed who had been victims of physical abuse deny that there is an established trend of harassment due to their ethnicity. However, belonging to an ethnic group that represents a minority in a particular prison may exacerbate an already difficult situation. On occasion prisoners reported harassment because of their ethnic origin: Example: One prisoner, interviewed in spring 2010, described in detail how he was mistreated by prison guards based on his ethnicity. He was also badly beaten up by other prisoners. As a result of this he spent most of his time in a solitary cell for his own protection. The prisoner consequently displayed significant signs of psychological distress. After being transferred to a different prison facility he stated that he was no longer harassed by prison staff. 23 Convention against Torture, Article 2 (1) Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. 24 Council of Europe Committee of Ministers Rec (2006) 2 on the European Prison Rules; Rule 52.2 provides that, “procedures shall be in place to ensure the safety of prisoners, prison staff and all visitors and to reduce to a minimum the risk of violence and other events that might threaten safety.” 25 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), 11th General Report of 3 September 2001: “The duty of care which is owed by custodial staff to those in their charge includes the responsibility to protect them from other inmates who wish to cause them harm. In fact, violent incidents among prisoners are a regular occurrence in all prison systems; they involve a wide range of phenomena, from subtle forms of harassment to unconcealed intimidation and serious physical attacks. Tackling the phenomenon of inter-prisoner violence requires that prison staff be placed in a position, including in terms of staffing levels, to exercise their authority and their supervisory tasks in an appropriate manner. Prison staff must be alert to signs of trouble and be both resolved and properly trained to intervene when necessary. The existence of positive relations between staff and prisoners, based on the notions of secure custody and care, is a decisive factor in this context; this will depend in large measure on staff possessing appropriate interpersonal communication skills.” 7