16
Large-capacity dormitories inevitably imply a
lack of privacy for prisoners in their everyday lives.
Moreover, the risk of intimidation and violence is high.
Such accommodation arrangements are prone to foster
the development of offender subcultures and to
facilitate the maintenance of the cohesion of criminal
organisations. They can also render proper staff control
extremely difficult, if not impossible; more
specifically, in case of prison disturbances, outside
interventions involving the use of considerable force
are difficult to avoid. With such accommodation, the
appropriate allocation of individual prisoners, based on
a case by case risk and needs assessment, also becomes
an almost impossible exercise. All these problems are
exacerbated when the numbers held go beyond a
reasonable occupancy level; further, in such a situation
the excessive burden on communal facilities such as
washbasins or lavatories and the insufficient ventilation
for so many persons will often lead to deplorable
conditions.
The CPT must nevertheless stress that moves
away from large-capacity dormitories towards smaller
living units have to be accompanied by measures to
ensure that prisoners spend a reasonable part of the day
engaged in purposeful activities of a varied nature
outside their living unit.
Access to natural light and fresh
air
30.
The CPT frequently encounters devices, such
as metal shutters, slats, or plates fitted to cell windows,
which deprive prisoners of access to natural light and
prevent fresh air from entering the accommodation.
They are a particularly common feature of
establishments holding pre-trial prisoners. The CPT
fully accepts that specific security measures designed
to prevent the risk of collusion and/or criminal
activities may well be required in respect of certain
prisoners. However, the imposition of measures of this
kind should be the exception rather than the rule. This
implies that the relevant authorities must examine the
case of each prisoner in order to ascertain whether
specific security measures are really justified in his/her
case. Further, even when such measures are required,
they should never involve depriving the prisoners
concerned of natural light and fresh air. The latter are
basic elements of life which every prisoner is entitled
to enjoy; moreover, the absence of these elements
generates conditions favourable to the spread of
diseases and in particular tuberculosis.
CPT: 11TH GENERAL REPORT
The CPT recognises that the delivery of
decent living conditions in penitentiary establishments
can be very costly and improvements are hampered in
many countries by lack of funds. However, removing
devices blocking the windows of prisoner
accommodation (and fitting, in those exceptional cases
where this is necessary, alternative security devices of
an appropriate design) should not involve considerable
investment and, at the same time, would be of great
benefit for all concerned.
Transmissible diseases
31.
The spread of transmissible diseases and, in
particular, of tuberculosis, hepatitis and HIV/AIDS has
become a major public health concern in a number of
European countries. Although affecting the population
at large, these diseases have emerged as a dramatic
problem in certain prison systems. In this connection
the CPT has, on a number of occasions, been obliged to
express serious concerns about the inadequacy of the
measures taken to tackle this problem. Further,
material conditions under which prisoners are held
have often been found to be such that they can only
favour the spread of these diseases.
The CPT is aware that in periods of economic
difficulties - such as those encountered today in many
countries visited by the CPT - sacrifices have to be
made, including in penitentiary establishments.
However, regardless of the difficulties faced at any
given time, the act of depriving a person of his liberty
always entails a duty of care which calls for effective
methods of prevention, screening, and treatment.
Compliance with this duty by public authorities is all
the more important when it is a question of care
required to treat life-threatening diseases.
The use of up-to date methods for screening,
the regular supply of medication and related materials,
the availability of staff ensuring that prisoners take the
prescribed medicines in the right doses and at the right
intervals, and the provision when appropriate of special
diets, constitute essential elements of an effective
strategy to combat the above-mentioned diseases and
to provide appropriate care to the prisoners concerned.
Similarly, material conditions in accommodation for
prisoners with transmissible diseases must be
conducive to the improvement of their health; in
addition to natural light and good ventilation, there
must be satisfactory hygiene as well as an absence of
overcrowding.
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