Overall, the general treatment of prisoners by prison staff seems to be one of the most critical
points of concern for inmates, especially with regard to the professional behaviour of prison
guards. This did not necessarily relate to incidents of physical violence, but more to disrespect, psychological pressure, and degrading treatment aimed at inmates. While prison directors, educators and heads of security often have been described as professional and ruleabiding in their behaviour, critical remarks pertained regularly to the performance of prison
guards, and in some cases, also against educators. Again, the quality of the performance of
prison guards differs significantly from prison to prison; and while there is an acknowledgement of the positive work of the majority, there are negative instances that are worth noting.
Complaints range from rude and insulting behaviour towards prisoners to alleged discriminatory treatment. Prisoners reported being spoken to and treated like small children and times
when guards have entered cells at night yelling at prisoners without any apparent reason. Instances of inappropriate behaviour of the guards is seen to arise when alcohol has been involved; as one prisoner expressed, “some of them [guards] could get difficult after a few
drinks during the night shift”. Allegations of discriminatory treatment were also recorded.
This was most frequently mentioned in relation to possible cases of corruption, that is, where
several inmates confirmed that specific amounts of money can be paid to obtain preferential
treatment and benefits.37
Prisoners have also pointed out instances where their requests have been continuously ignored
or have not been forwarded to the relevant authority, without any further explanation. Prisoners remarked that often prison guards “bring their frustrations into prisons” and display a
“lack of education and proper upbringing”.
Prison guards receive minimal training, if any, at the commencement of their professional duties. Continuous education essentially does not exist, apart from the occasional training sessions provided by international organizations. Several prisoners have indicated that for some
thousands of Euros, a person can buy the position of prison guard, a job seen as having security and a reasonable income. In Federation of BiH, on a positive note, prison management
has introduced some form of entry tests and thus taken steps to establish a more transparent
employment procedure.
3. Inter-prisoner violence
3.1. International human rights standards
An inherent obligation for prison staff is to protect those in their charge from other inmates
who wish to cause them harm.38 In one report, the CPT recommended that “it is necessary to
render prison staff particularly attentive to signs of such violence and to ensure that they intervene in a determined and effective manner, at as early a stage as possible.”39 The European
Prison Rules also underline the key role prison guards play in ensuring safety and reducing
the risk of violence and other events that might threaten the prisoner’s safety.40
37
During spring of 2010, the Mission completed a series of prison visits focused on the issue of corruption and
the granting of privileges; the findings of these visits are not included in this report.
38
CPT, 11th general report on the CPT activities; it is explicitly stated that “[t]he duty of care which is owed by
custodial staff to those in their charge includes the responsibility to protect them from other inmates who wish to
cause them harm”.
39
Report to the Icelandic government
40
Compare CoE, Rec (2006)2, Rule 52.2.
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