CPT has been in existence only for some 25 years. Over time, however, the European Court of Human Rights has begun to rely upon CPT reports both as to its findings in places of detention and also its standards (in helping interpret the responsibilities assumed by States when ratifying the ECHR). The gradual fusion of CPT recommendations into legally-binding standards helps explain why European standards and expectations in prisons have moved from the basic prohibition of ill-treatment to a series of requirements covering many aspects of daily prison life. It puts the protection of the prisoner upon a new level. In doing so, however, it also can help professionalise those who work in the prison service. In particular, there is growing stress placed upon concepts such as “dynamic security” and the elevation of the work of those involved in prison healthcare. The starting-point in all of this is the fundamental and basic principle that illtreatment is prohibited. Key international treaties such as the International Covenant on Civil and Political Rights (ICCPR) stress that the right not to be subjected to torture or inhuman or degrading treatment or punishment is absolute. This approach is reflected at European level. According to the European Court of Human Rights, Article 3 of the ECHR “enshrines one of the fundamental values of the democratic societies making up the Council of Europe”.1 The text of Article 3 is succinct. The formulation of the prohibition of torture or inhuman or degrading treatment or punishment excludes any exception. As well as the essentially negative obligation – to refrain from the use of torture or ill-treatment – states undertake a number of positive obligations. In the context of prison, for example, there is an obligation to protect prisoners from the risks posed by other prisoners. This fusion of positive and negative obligations under international law, a process influenced by the work of the CPT, has had a significant impact upon the development of standards at a European level. Further impetus has come in the form of non-binding standard-setting by the Committee of Ministers of the Council of Europe. In particular, the European Prison Rules are designed to inform and instruct those working in the field, whether as policy-makers, prison managers or prison staff. Yet while European expectations are world-leading, it cannot yet be said that these standards have been fully realised at a domestic level. Both CPT reports and judgments of the European Court of Human Rights counteract any suggestion that it is mere occasional lapse that preclude full satisfaction; rather, the picture painted is often one of significant under-achievement on account of lack of material resources, adequate training, and political and 1. Soering v United Kingdom (1989) A 161, at para 88. European standard-setting ► Page 9

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