The CPT’s experience shows that in some countries, reception and induction programmes may last for several weeks and the regime applied to prisoners undergoing
them may be very restrictive, sometimes amounting to solitary confinement. The
CPT considers in this respect that newly-admitted prisoners should be allocated to
ordinary accommodation units as soon as possible after a risk and needs assessment
has taken place upon admission. Moreover, conditions for newly-arrived prisoners
should not amount to a solitary confinement-type regime for prolonged periods.
Further, in addition to induction-related activities, a minimum of one hour of outdoor exercise per day should be provided from the outset of the induction period.6
55. Most countries make provision for separating remand and sentenced prisoners,
as stipulated in the European Prison Rules (Rule 18.8) and other international
instruments.7 The European Prison Rules (Rules 18.9 and 101) also allow exceptions
in this regard to enable remand prisoners to participate in joint organised activities
with sentenced prisoners, whilst generally keeping both categories of prisoner
separate at night.
In some countries, arrangements are made to organise joint activities for remand
and sentenced prisoners, with both categories sometimes being accommodated in
the same cells/units. In the CPT’s opinion, allowing remand prisoners to participate
in organised activities together with sentenced prisoners is undoubtedly better
than confining remand prisoners to their cells for up to 23 hours a day for prolonged
periods as is currently the case in many Council of Europe member states. However,
efforts should be made to accommodate remand prisoners separately from sentenced prisoners. In fact, the CPT prefers for remand prisoners to have a satisfactory
programme of activities whilst always being separated from sentenced prisoners,
in full respect for the principle of presumption of innocence. Such separation also
protects remand prisoners who enter the prison environment for the first time and
who may be innocent from the potential criminal influence of sentenced prisoners.
In this connection, the importance of a risk and needs assessment of all persons
entering prison, as described in paragraph 54, cannot be over-emphasised, as it
may not be appropriate to mix first-time remand prisoners with the large numbers
of persons re-entering prison for a second time or more.
56. During its many visits, the CPT found that remand prisoners frequently had to
share cells which provided less than 3 m² of living space per person (and sometimes
even less than 2 m²). Moreover, the cells were not always equipped for the number
of inmates they accommodated. For instance, prisoners were compelled to sleep
on mattresses placed directly on the floor or even had to share beds and sleep in
shifts. Among other things, this results in a complete lack of privacy and may well
increase tension between inmates. Such intolerable conditions, which may last for
months or even years, are often exacerbated by the fact that remand prisoners have
to spend most of the time in their cell, as the regime of organised activities is often
extremely limited for this category of prisoner (see, in this regard, paragraph 58).
6. See also paragraph 68 concerning juveniles.
7. See, for instance, Article 10(2)(a) of the International Covenant on Civil and Political Rights and
Rule 11(b) of the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson
Mandela Rules).
Remand detention ► Page 33
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents