Print
See related documents
Resolution 2266 (2019)
Protecting human rights during transfers of prisoners
1. Prisoners are amongst those most
vulnerable to violations of their fundamental rights. The European Court
of Human Rights (“the Court”) has stressed that authorities have
a “duty to protect” people in custody at all times.
2. Unacceptable conditions during transfers of prisoners may
amount to inhuman or degrading treatment or punishment, which is
contrary to Article 3 of the European Convention on Human Rights
(ETS No. 5, “the Convention”), or, in extreme cases, to enforced
disappearance (as defined by Article 2 of the International Convention
for the Protection of All Persons from Enforced Disappearance).
3. International standards relating to the conditions in which
prisoners can properly be transported with due respect for their
human dignity – including the Court’s case law, the 2006 European
Prison Rules, the 2015 United Nations Standard Minimum Rules for
the Treatment of Prisoners and reports of the European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment (CPT) – are increasingly clear. Yet, the Court’s judgments
and relevant CPT reports, as well as the work of national preventive
mechanisms and non-governmental organisations, show that these standards
are either insufficiently known and understood, or inadequately
applied in a number of Council of Europe member States.
4. In order to guarantee that all prisoners are protected from
inhuman or degrading treatment during transfers, the Parliamentary
Assembly urges the Council of Europe member States to:
4.1. bring their national legal frameworks
and practices into line with existing international standards on
transfers;
4.2. avoid any substandard or discriminatory treatment of prisoners
during transfers, by ensuring that:
4.2.1. prisoners’ exposure
to public view is as limited as possible, and their anonymity is safeguarded;
4.2.2. suitable material and safety standards are respected in
all means of prisoner transport;
4.2.3. adequate space is provided for transport in humane conditions,
in accordance with CPT recommendations;
4.2.4. basic needs and comfort breaks are provided as appropriate;
4.2.5. prisoner transfers are strictly limited in time and use
the shortest routes available, avoiding unnecessary delays;
4.2.6. adequate cells are made available in prisons for prisoners
in transit, where necessary;
4.2.7. all transfers are carried out on the basis of an order
or decision issued by a competent authority following a thorough
assessment and planning of each individual case;
4.2.8. the health of prisoners is safeguarded during transfers;
4.2.9. certain categories of prisoners are separated from others
during transport, where appropriate;
4.2.10. a suitable escort for prisoners is provided when necessary,
including medical personnel, female staff members and/or staff trained
to work with children, as appropriate;
4.3. ensure that any restrictions placed on prisoners during
transportation are limited to what is strictly necessary and proportionate
to the legitimate objective for which they are imposed, including
by guaranteeing that:
4.3.1. the use of force and instruments
of restraint is always limited to what is strictly necessary, for
the shortest possible period of time, while ensuring that individual
risk assessments are performed in the case of use of restraints;
4.3.2. means of restraint prohibited under Council of Europe
or other international standards, such as chains, irons and electric
stun body belts, or devices aimed at obstructing prisoners’ vision,
are never used;
4.4. ensure that detailed, up-to-date information is kept on
the location of all prisoners during transfer and made available
to third parties, as appropriate, including by ensuring that:
4.4.1. advance notice and sufficient information is given to
any prisoner subjected to a transfer, in a language he or she understands;
4.4.2. prisoners are allowed to inform their families immediately
of their transfer to another institution;
4.4.3. an official, up-to-date register of prisoners is maintained
and kept easily accessible to any judicial or other competent body,
and that relevant information from this register is made available
to families and legal counsel seeking to trace the whereabouts of
prisoners;
4.4.4. communication with the outside world in relation to transfers
may be subject only to restrictions and monitoring that are necessary
for the requirements of safety and security, and that any such restrictions
nevertheless allow an acceptable minimum level of contact;
4.5. train all law-enforcement, prison or any other criminal
justice staff, as well as any private contractors dealing with prisoner
transport, to respect prisoners’ dignity and human rights during transfers;
4.6. ensure that conditions during transfers of prisoners are
subject to monitoring by national preventive mechanisms and other
suitably qualified bodies, and that all prisoners have access to
an effective remedy in case of alleged violations of their rights
during transfers;
4.7. sign and ratify, if they have not yet done so, the International
Convention for the Protection of All Persons from Enforced Disappearance.