Recommendation 1656 (2004)1
Situation of
European prisons and pre-trial detention centres
1. The Parliamentary Assembly recalls its
Recommendation 1257 (1995)
on conditions of detention in Council of Europe member states. Since then,
although the situation has improved in certain countries where it was regarded
as giving serious cause for concern, Europe continues to face problems linked
to ill-treatment, inadequate prison facilities, availability of activities and
health care provision. Moreover, in most Council of Europe member states,
there is also a trend towards overcrowding of prisons and pre-trial detention
centres, a growing prison population and an increase in the number of foreign
prisoners and of prisoners awaiting final sentencing.
2. The European Convention for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment (ETS No. 126) and its monitoring
machinery, as well as the Council of Europe’s various legal instruments in
this area, including Committee of Ministers Recommendation No. R (87) 3 on the
European Prison Rules, are valuable tools for ensuring respect for human
rights in detention centres. Work is in progress on revising these rules and
the Assembly urges that it be speedily completed.
3. The Optional Protocol to the United Nations Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
was opened for signature on 1 January 2003. The Assembly deplores that only
seven member states have signed it (Austria, Denmark, Finland, Italy, Malta,
Sweden and the United Kingdom) and that only two have ratified it (Malta and
the United Kingdom). The setting up of a national machinery for the prevention
of torture provided for by the protocol is a step forward.
4. Living conditions in many prisons and pre-trial detention
centres have become incompatible with respect for human dignity. There is
clearly a need to harmonise detention conditions and to introduce permanent
external monitoring, which also implies harmonising the definition of offences
and penalties. A general framework should be drawn up in the form of a
European prisons charter, which would be binding on all Council of Europe
member states, and a clear and comprehensive reminder of prisoners’ rights and
obligations.
5. In this respect, the European Parliament motion for a
recommendation (2003/2188(INI)) on the rights of prisoners in the European
Union expressly mentions the proposal for such a charter put forward by the
Parliamentary Assembly’s Committee on Legal Affairs and Human Rights.
6. The Assembly therefore recommends that the Committee of
Ministers:
i. draw up
a European prisons charter in conjunction with the European Union;
ii. ensure, in particular, that the terms of reference of the
committee responsible for drafting the charter require it to include
specific rules that are binding on the member states, concerning:
a.
the right of access to a lawyer and a doctor during pre-trial detention
and the right for persons held pending trial to notify a third party of
their detention;
b.
detention conditions;
c.
the right of access to
internal and external medical services;
d.
activities geared to
rehabilitation, education and social and vocational reintegration;
e.
the separation of
prisoners;
f.
specific measures for
vulnerable categories of prisoners;
g.
visiting rights;
h.
effective remedies
enabling prisoners to defend their rights against arbitrary sanctions or
treatment;
i.
special security regimes;
j.
promoting non-custodial
measures and informing prisoners of their rights;
iii. draw upon the guidelines appended to Document 10097 in
preparing the charter;
iv. submit the draft European prisons charter to the
Parliamentary Assembly for an opinion;
v. invite the Council of Europe member states to sign and
ratify the Optional Protocol to the United Nations Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as
soon as possible.
1.
Assembly debate
on 27 April
2004 (11th Sitting) (see Doc.10097,
report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr
Hunault).
Text adopted by the Assembly on 27 April 2004 (11th Sitting).
