-28
Only if these conditions are fulfilled can staff be in a position to
recognise a threat to security at a very early stage and take timely
action to prevent it.
The term ‘safety’, on the other hand, is linked to the obligation to protect
against the risks that prisoners may pose to themselves in terms of selfharm, to other prisoners as well as to prison staff and other persons
working in or visiting the prison.30
Ensuring security and safety is of outmost importance, but must be done
in the full respect of the dignity and fundamental rights of the persons
concerned. To this extent, all measures aiming at ensuring security and
safety in prison that interfere with human rights need to respect the
following principles:
• Legality: All restrictive measures imposed upon a prisoner should be in
accordance with international and national law, and have a legitimate
objective.
• Necessity: The measures must be necessary, i.e. it should be clear that
using less restrictive means would not fulfil the objective of ensuring
safety and security.
• Proportionality: The restrictive measure should be proportional to the
risk posed, with an appropriate balance between the protection of the
fundamental rights of the prisoner and the State’s lawful interference
in the exercise of these rights. Such interference should be the least
intrusive possible to fulfil the aim of ensuring security and order in
prison and be imposed for the shortest possible duration.
• Accountability: The decision-making process should be transparent
and records should be kept of the assessment justifying the need for the
restrictions imposed.
• Non-discrimination: Decisions should be objective and impartial, taking
into account only the relevant factors. There should be no discrimination
against certain groups of prisoners based on race, colour, religion,
ethnicity, nationality, gender, gender identity, sexual orientation,
political views or any other factor.31
30. A definition of the term ‘security’ can be found in the EPR, Rule 52.1.
31. See CoE, Protection; see CPT, ‘Solitary Confinement of Prisoners: Extract from the 21st General
Report of the CPT Published in 2011’ (2011) CPT/Inf(2011)28-part2, § 55; CoE, CM, ‘Explanatory
Memorandum to Recommendation CM/Rec (2014) 3 of the Committee of Ministers to Member States
Concerning Dangerous Prisoners’, §§ 52-54.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents