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States have refused execution on grounds of fundamental rights issues in
close to two hundred cases throughout 2017-18 alone.3 The compatibility of
prison conditions with fundamental human rights is thus a problem that
goes beyond national contexts, and has practical relevance for the EU.
EU binding minimum standards for detention conditions are urgently needed.
However, as the political will to implement such change is currently lacking,
this Project looks at alternative paths for facilitating the consolidation and
harmonisation of detention standards, at least to the extent it is realistically
possible without actions from the EU. The Project thus explores the role of
NPMs in improving detention conditions across the EU, departing from the
assumption that improving detention conditions “at home” can contributes
to increased mutual trust between the Member States (MSs). NPMs are in
an ideal position to observe the implementation of international standards
that support and reinforce the prohibition of torture and ill-treatment.
Their role is all the more important because with their strong powers to
access places, documentations, and persons, NPMs are able to assess if
these standards are met in law and practice.4
Further, according to the SPT “the prevention of torture and ill-treatment
embraces – or should embrace – as many as possible of those things which in a
given situation can contribute towards the lessening of the likelihood or risk of
torture or ill-treatment occurring. Such an approach requires … that attention
also be paid to the whole range of other factors relevant to the experience and
treatment of persons deprived of their liberty and which by their very nature
will be context specific.”5 This means that NPMs have a broad mandate that
allows them to identify all factors that may be relevant for the prevention
of torture and ill-treatment in concrete cases and, thus, have all it takes to
investigate the root causes of the problems.
For these reasons, NPMs can and should go beyond mere inspection and
3. European Commission, ‘Replies to Questionnaire on Quantitative Information on the Practical Operation
of the European Arrest Warrant – Year 2018’, SWD(2020) 127 final, July 2020, § 6.
4. Subcommittee on Prevention of Torture (SPT), ‘The Approach of the Subcommittee on Prevention of
Torture to the Concept of Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment’ (2010), CAT/OP/12/6, § 4.
5. Ibid, § 3.
Complaint Procedures and the Right to Information in Prisons