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of Fundamental and Human Rights, that explores how to apply systemic
approach in the work of National Preventive Mechanisms to
enhance
their impact.
Introduction to the Handbook: Monitoring Prison Violence
There is no EU-wide study on prison violence, hence, it is difficult to
assess the overall situation concerning this issue in the EU area. However,
various sources unambiguously point to a conspicuous and steady increase
in violent incidents in prisons across the European Union.10
Violence in prison may not only amount to a serious violation of human
rights, including torture and ill-treatment, but is often a symptom of
much broader and systemic problems in penal institutions. In the majority
of cases, the occurrence of violence can in fact be linked to other causes,
such as deplorable living conditions, understaffing and lengthy lockup times in cells as well as the cultural norms and attitudes of persons
working and living in prison. All such factors are of extreme importance,
yet many States and prison administrations limit themselves to treating
only the symptoms and not the causes of this complex problem, thereby
failing to provide a long-term solution to the problem.
But in order to understand prison violence and to effectively prevent it,
one must look beyond the direct causes of each incident, and take a holistic
approach that also considers underlying factors that enable violence, such
as structural, situational and cultural issues.
NPMs can have an important role in this regard. In practice, however,
monitoring a complex phenomenon like violence, identifying its forms and
10. But see Jens Modvig ‘Violence, sexual abuse and torture in prisons’ in WHO/Europe, ‘Prison and
Health: World Health organization Regional Office for Europe’ (2014) 19ff <https://apps.who.int/iris/
bitstream/handle/10665/128603/Prisons%20and%20Health.pdf?sequence=1&isAllowed=y>; Dignity,
‘Monitoring Health in Places of Detention: An Overview for Health Professionals’ (Dignity 2020)
236 [hereinafter: Dignity 2020]; Eurostat Statistics Explained, ‘Prison Statistics: Overcrowding and
Empty Cells’ (July 2020) <https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Prison_
statistics#Overcrowding_and_empty_cells>; European Committee for the Prevention of Torture
(CPT), ‘27th General Report of the CPT’ Activities, 1 January – 31 December 2017’ (2018) CPT/Inf(2018)4,
16ff; European Union Agency for Fundamental Rights (FRA), Criminal Detention Conditions in the European
Union: Rules and Reality (Publications Office of the European Union 2019) 43; CPT, ‘28th General Report
of the CPT’s Activities, 1 January - 31 December 2018’ (2019) CPT/Inf(2019)9, 18 ff; CPT, ‘29th General
Report of the CPT’s Activities, 1 January-31 December 2019’ (2020) CPT/Inf(2020)17, 22ff.
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