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A satisfactory programme of activities is of crucial importance for the wellbeing of all detainees. Prison regime should therefore offer a balanced
programme of activities, including work, exercise, recreation and education.68
According to international standards, all prisoners (including those subject
to disciplinary punishment) must be allowed at least one hour of exercise
in the open air every day if they want to and preferably as part of a broader
programme of out-of-cell activities.69
In addition, the CPT considers that all prisoners (untried as well as
sentenced) should be able to spend a reasonable part of the day (i.e. 8
hours or more) outside their cells engaged in purposeful activity of a varied
nature.70 If the weather is inclement, alternative arrangements shall be
made to allow prisoners to exercise. CPT recommends shelter against poor
weather and protection from the sun.71 As stated by the EPR, the aim of the
prison regime should be to allow all prisoners to spend as many hours a
day outside of their cells as possible in order to ensure an adequate level of
human and social interaction (Rule 25).
3.2.4. Staff-prisoners relationships, staff professionalism and working
conditions
Prison rules strongly depend on the ability of prison staff to implement
them. Hence, it is of outmost importance that management and staff are
recruited, trained and put in a position to translate fundamental rights
and standards into practice, including those concerning violence.72
Particular attention should be paid to the relationship between first line
prison staff and the prisoners under their care. As observed by the CPT:
68. EPR Rules 25, 26 (work), 27 (exercise and recreation), 28 (education); Mandela Rules, Rules 96-103
(work), 104-105 (education and recreation), 106-108 (social relations and aftercare).
69. EPR Rule 27; Mandela Rules, Rule 23; ECtHR, Neshkov and Others v Bulgaria, No 36925/10, 21487/12,
72893/12, 73196/12, 77718/12 and 9717/13, 27 January 2015, § 234; ECtHR, Ananyev and Others v Russia
No 42525/07 and 60800/08, 10 Junary 2012, § 150; see also ECtHR, Muršić v Croatia, No 7334/13, 20
October 2016, § 133. On time spent outside cell and outdoors see also the comprehensive research
conducted by the FRA: FRA, Detention Conditions, 27ff and FRA, Database.
70. CPT/Inf(2001)16-part, § 33. CPT, ‘25th General Report of the CPT’s Activities, 1 January-31 December
2015 (2016) § 58.
71.E.g. CPT, ‘Report on the visit to the United Kingdom’ (2014) CPT/Inf (2014) 11 § 39. See also EPR Rule
27.1 and the Mandela Rules, Rule 23 stating that ‘every prisoner who is not employed in outdoor work
shall have at least one hour of suitable exercise in the open air daily if the weather permits’.
72. EPR Rules 71-91; Mandela Rules, Rules 74-82. See also CPT/Inf(2001)16-part, § 26 stating: ‘The
cornerstone of a humane prison system will always be properly recruited and trained prison staff who know how
to adopt the appropriate attitude in their relations with prisoners and see their work more as a vocation than as
a mere job. Building positive relations with prisoners should be recognised as a key feature of that vocation.”
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