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If possible, where the NPM detected irregularities and mentioned them in
the oral feedback to the prison director, it would be important to go back
for a quick visit to the involved inmate to find out if there were reprisals.
Of great importance is open communication with the penitentiary
administration. The first form of communication takes place thanks to
the recommendations that the NPM can issue at the end of each visit/
report. Some NPMs address recommendations to individual prisons,
others to the head of the prison administration. This second practice
has the advantage of making some changes possible in penitentiary
institutions that were not visited by the NPM but which have similar or
identical problems to those raised by the NPM after a specific visit. In
fact, the central administration may send an order to address a specific
issue to all penitentiary institution. The Rome seminar recognised the
need for making ambitious but realistic recommendations in order not to
seem detached from reality in front of the administration.
Participants in the seminar highlighted that in cases where there is the need
to address a systemic problem (e.g. the overuse of solitary confinement and
the need to explore valid alternatives) and that the cooperation with the
penitentiary administration is critical in these cases.
In order to address systemic issues it may be effective if the NPM has an
active role in the training of prison personnel. Indeed, several practices
related to solitary confinement that violate human rights standards might
not be the product of the legislation, but rather reflect the shared culture
of the prison staff, who are often accustomed to the use of this tool and
consider it a normal part of prison life instead of the exception. For a
culture of human rights to flourish among prison staff - and to ensure
that there is less recourse to isolation - it is necessary for (parts of) the
staff to have a minimum human-rights oriented professional training.
Currently, this is generally not the case: the cultural and legal background
of the different components of prison staff is often highly diverse and has
few or no components related to the respect of human rights.
Monitoring Solitary Confinement in Prison
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