-13
(EAW) are exemplary: EU Member States have refused execution on grounds
of fundamental rights issues in close to two hundred cases throughout
2017-18 alone.3 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 it is realistically possible without actions from the EU. The
Project thus explores the role of NPMs in improving detention conditions
across the EU, departing from the assumption that improving detention
conditions “at home” can contributes to increased mutual trust between
the Member States (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 practice.4
Further, according to the 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.”5 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 concrete cases and, thus, have all it takes to
investigate the root causes of the problems.
3. European Commission, ‘Replies to Questionnaire on Quantitative Information on the Practical Operation
of the European Arrest Warrant – Year 2018’, SWD(2020) 127 final, July 2020, § 6.
4 Subcommittee on Prevention of Torture (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.
5. Ibid, § 3.
Monitoring Solitary Confinement in Prison