-30
regime may be applied. High security regimes may include a special high
security prison ward, the prohibition of contact with other prisoners,
constant monitoring of the cell – including sanitary facilities – via close
circuit television cameras, increased supervision of movement within and
outside the remand centre, limitations on contact with family together
with special arrangements for family visits and inspections of body and
clothes. Rule 53.2 of the EPR emphasises that special security measures
should only be applied in exceptional circumstances and reviewed
regularly. Similar rules are provided by a number of Council of Europe
recommendations for prisoners under a life-sentence and other long
term prisoners,34 dangerous prisoners35 as well as prisoners sentenced
for terrorist-related crimes.36 The UN Committee against Torture (CAT
Committee) has also expressed concerns at the severe conditions of
detention imposed on prisoners in the highest security category.37
STANDARDS IN FOCUS
The issue of security regimes was addressed by the ECtHR in
several cases concerning Art 3 ECHR.38 In its assessment, the ECHR
took into account.
• The stringency of the measure
• Its duration
• The objectives pursued
• The cumulative effect on the person concerned.
Public-order considerations may lead the State to introduce
high‑security prison regimes for particular categories of detainees,
e.g. dangerous detainees. However, in applying those regimes the
State must ensure that:
34. CoE, ‘Recommendation Rec (2003)23 of the Committee of Ministers to member states on the
management by prison administrations of life sentence and other long-term prisoners’ (2003)
Rec(2003)23 § 20.
35. CM/Rec (2014)3 § 41; and CoE, ‘Recommendation No Rec (82) 17 Concerning Custody and Treatment
of Dangerous Prisoners’ (2005) R (82) 17.
36. CoE, CM, ‘Guidelines for Prison and Probation Services Regarding Radicalisation and Violent
Extremism’ (2016) § 21.
37. E.g. CAT Committee, Concluding Observations: Spain (2002) CAT/C/CR/29/3; CAT Committee,
Concluding Observations: Italy (2017) CAT/C/ITA/CO/5-6.
38. ECtHR, Indelicato v Italy, No 31143/96, 18 October 2001; ECtHR, Labita v Italy, No 26772/95, 6 April
2000; ECtHR, Van der Ven v the Netherlands, No 50901/99, 4 February 2003 and ECtHR, Lorsé and Others v
the Netherlands, No 52750/99, 4 February 2003; ECtHR, Piechowicz v Poland, No 20071/07, 17 April 2012,
paras 161-162.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents