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Member States have refused execution on grounds of fundamental rights issues
in close to two hundred cases throughout 2017-18 alone.4 The compatibility of
prison conditions with fundamental human rights is thus a problem that goes
beyond national contexts and has practical relevance for the EU.
EU binding minimum standards for detention conditions are urgently needed.
However, as the political will to implement such change is currently lacking,
this Project looks at alternative paths for facilitating the consolidation
and harmonisation of detention standards, at least to the extent that it is
realistically possible without actions from the EU. The Project thus explores
the role of National Preventive Mechanisms (NPMs) in improving detention
conditions across the EU, departing from the assumption that improving
detention conditions “at home” can contribute to increased mutual trust
between the MSs.
NPMs are in an ideal position to observe the implementation of international
standards that support and reinforce the prohibition of torture and illtreatment. Their role is all the more important because with their strong
powers to access places, documentations, and persons, NPMs are able to
assess if these standards are met in law and in practice.5
Further, according to the United Nations Subcommittee for the Prevention
of Torture (SPT) ‘the prevention of torture and ill-treatment embraces – or
should embrace – as many as possible of those things which in a given situation can
contribute towards the lessening of the likelihood or risk of torture or ill-treatment
occurring. Such an approach requires … that attention also be paid to the whole
range of other factors relevant to the experience and treatment of persons deprived
of their liberty and which by their very nature will be context specific.’6 This means
that NPMs have a broad mandate that allows them to identify all factors
that may be relevant for the prevention of torture and ill-treatment in the
4. European Commission, ‘Replies to Questionnaire on Quantitative Information on the Practical Operation
of the European Arrest Warrant – Year 2018’ (2020) SWD(2020) 127 final, 6.
5. Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
(SPT), ‘The Approach of the Subcommittee on Prevention of Torture to the Concept of Prevention of Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment under the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’ (2010) CAT/
OP/12/6, § 4.
6. Ibid, § 3.
Monitoring Prison Violence
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