Doc. 8483

16 July 1999

Social and family effects of detention

Recommendation 1340 (1997)

Reply from the Committee of Ministers

adopted at the 676^th meeting of the Ministers’ Deputies (1-2 July 1999)

The Committee of Ministers has studied Parliamentary Assembly Recommendation 1340 (1997) on the social and family effects of detention with great interest, and is keen to assure the Assembly that it attaches major importance to the problems raised in this text.

In this connection, the Committee of Ministers informs the Assembly that it had instructed the European Committee on Crime Problems (CDPC), the Bureau of the Steering Committee on Social Policy (CDPS-BU), and the European Health Committee (CDSP) to prepare opinions on the Recommendation, asking the latter two committees to concentrate in particular on paragraph 7.i. It had also referred the Recommendation to the Partial Agreement Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) for comment. In Appendices I to IV to this reply, the Assembly will find the opinions and comments submitted by the various bodies consulted.

The Committee of Ministers points out that the questions raised in the Assembly text have given rise to the adoption of a comprehensive set of international legal instruments. Examples of these are Recommendations R (87) 3 on European prison rules, R (84) 12 concerning foreign prisoners, and R (89) 12 on education in prison. However, the Committee of Ministers would like to draw the Parliamentary Assembly’s attention in particular to Recommendation R (98) 7 concerning the ethical and organisational aspects of health care in prison, which was drawn up jointly by the CDPC and the CDSP and meets many of the demands of Recommendation 1340 (1997) in the health field. Recommendation R (98) 7 also deals, in its appendix, with the question of family links, contact with the outside world, and the problems of women in prison and “recommends that the governments of member States take into account, when reviewing their legislation […], the principles and recommendations set out” in this appendix.

The Committee of Ministers would like to reassure the Assembly that it is bearing its recommendations in mind in the context of the intergovernmental programme of activities of the Council of Europe, in particular by encouraging the new European Committee for Social Cohesion (CDCS), the Conference of European Ministers responsible for Family Affairs, and the European Committee on Crime Problems (CDPC), to take account of Recommendation 1340 in their future activities.”

Reply to Parliamentary Assembly Recommendation 1340 (1997)

on social and family effects of detention

Appendix I

Opinion of the

European Committee on Crime Problems (CDPC)

1.       By Decision No. CM/691/221097, the Committee of Ministers assigned ad hoc terms of reference to the CDPC, instructing it to give an opinion on Assembly Recommendation 1340 (1997).

2.       The CDPC welcomes the Recommendation and shares the Assembly's concern at the possible negative effects of detention on family life and family relations as well as on the resettlement of offenders. In the light of its current work on prison overcrowding and the evolution of prison populations it also wishes to underline that these effects appear to have become more serious in a great number of member States.

3.       It is therefore essential that these issues be kept on the political agenda of both the Council of Europe and its member States. The CDPC also recalls that, over the years, the Committee of Ministers adopted a comprehensive set of international legal instruments which are of relevance in this area. Among these are: Recommendations nos. R (87) 3 on the European Prison Rules, R (84) 12 concerning foreign prisoners, R (89) 12 on education in prison and, more recently, R (98) 7 concerning the ethical and organisational aspects of health care in prison which addresses, inter alia, the issue of family ties and contacts with the outside world as well as the particular situation of female prisoners with children.

      More specifically, the CDPC would like to make the following comments:

4.       As regards paragraph 3 of the Recommendation, the CDPC underlines that the specific problems facing female prisoners also stem from the fact that their numbers in penal institutions tend to be noticeably lower than the number of men. This makes it more difficult for prison administrations to offer them the same range of opportunities in terms of psychosocial and educational programmes, work facilities etc. which are available to male prisoners. In some cases, however, the low number of female prisoners might offer possibilities for more flexible regimes. In addition, many female inmates suffer from more serious psychological problems than male prisoners and the competent health services find it sometimes difficult to take care of these problems in a satisfactory manner. The CDPC therefore fully supports the move of the Assembly to sensitise prison administrations to these issues.

5.       As regards paragraph 6(ii), the CDPC endorses the call on member States to make greater use of non-custodial sentences in order to avoid the often desocialising effects of imprisonment. The CDPC would like to emphasise in this connection that it has entrusted a special Committee of experts with carrying out a thorough review of the operation of Recommendation no. R (92) 16 on the European Rules on community sanctions and measures, which will explore, inter alia, ways and means for promoting non-custodial sanctions and measures as a particularly constructive way for dealing with certain categories of offences and offenders. This issue is also given high priority in the context of the CDPC's current project on prison overcrowding.

6.       As regards paragraphs 6(ix) and 6(x) the CDPC fully supports the Assembly's recommendation that appropriate programmes be provided for convicted persons with a view to developing their social and vocational skills required for a successful reintegration into the community. While it is true that these programmes should involve appropriate vocational training, they should also be tailored so as to enhance the offender's ability to cope both with the numerous other practical difficulties of life outside prison and his/her specific psychosocial problems (eg. anger control, tackling addiction to drugs, alcohol and medication, etc.). Specific pre-release programmes are therefore of critical importance.

7.       In connection with the complex health questions addressed in the Recommendation (paragraphs 6(vii), 6(viii), 7(i)), the CDPC fully supports the Assembly's view that these issues merit special attention. It would like to point out that Recommendation no. R (98) 7 concerning the ethical and organisational aspects of health care in prison contains a detailed set of principles which back up the Assembly's proposals in this area.

8.       As regards paragraph 7, the CDPC endorses the call of the Assembly to keep the evolution of prison systems under review and to step up international co-operation in this area. It also supports the Assembly's view that such matters as the health of prisoners, their economic situation both during detention and after, the issue of children of detained mothers, the growing number of female prisoners, best practice in reducing recidivism etc. should be given high priority in the field of penological co-operation. It shares the Assembly's opinion that the expertise of prison practitioners is an important resource in this endeavour. The CDPC would like to recall in this connection that its penological work programme is being carried out in close co-operation with the prison administrations of member States, which make a considerable contribution to the implementation of this programme, inter alia via the provision of first-hand information and active participation in the periodic Conferences of Directors of Prison Administration (CDAP).

Appendix II

Opinion of the Bureau of the

Steering Committee on Social Policy (CDPS)

1.       Following the request of the CM of Ministers to submit an opinion on Recommendation 1340 (1997) of the Parliamentary Assembly the Bureau of the CDPS has adopted the following response:

2.       The Bureau of the CDPS welcomes the Recommendation as an important step towards reducing the adverse social effects of incarceration.

3.       The Bureau of the CDPS is of the opinion that imprisoned children (young people under the age of 18) need special mentioning. Children suffer more than adults from the traumatic experience of being imprisoned. It should therefore be emphasised that the imprisonment of juvenile delinquents should remain the very last resort among criminal sanctions.

4.       Remand imprisonment for children should be avoided at all costs. In its place proven alternatives such as remand fostering should be applied.

5.       Concerning paragraph 6 (v) of the Recommendation, the Bureau of the CDPS endorses the call for specific services for prisoners’ families and children in prison. Special mention should be made of the needs and rights of children born in prison. Provisions should be made that these children have equal access to the outside community and their imprisoned mother. In general imprisonment should be avoided at any cost where a woman would give birth and raise a child in prison. In cases like these any alternative to prison should be applied.

6.       It is important to ensure that social and psychological conditions are adequate for imprisoned children. In particular they need social contacts with other children for the development of social skills.

7.       In addition to social services it would be important to mention the necessity for access to health care and to schooling and vocational training for imprisoned children. Mechanisms to retain contacts with the social and family environment of the imprisoned child are equally important.

8.       As a general rule it is essential that if possible imprisoned mothers are placed in close proximity to their families in order to be able to retain family ties and exercise parental responsibilities.

9.       In the light of above, and in order to implement paragraph 7 (i) of the Recommendation, the Committee of Ministers might consider encouraging both the new European Committee on Social Cohesion and the Conference of European Ministers responsible for Family Affairs to take the Recommendation into account in their future work.

Appendix III

Opinion of the European Health Committee (CDSP)

At their 606^th meeting (October 1998) the Ministers’ Deputies requested the CDSP to give an opinion on Recommendation 1340 (1997) on the social and family effects of detention.

The CDSP has examined the said Recommendation and submits the following reply.

GENERAL

The Assembly recommendation concerns social and family effects of detention. Several of its provisions however touch on health and health related issues.

The CDSP has, together with the CDPC, drawn up a recommendation concerning the ethical and organisational aspects of health care in prison (Rec R (98) 7) which on health issues responds fully to the demands of the Assembly recommendation.

SPECIFIC PROVISIONS

In re para 6 (i), (ii) and (vi)

These sub-paras are concerned with preserving family links.

Rec R (98) 7 considers that a breakdown of family relations can have, inter alia, adverse effects on the mental health of prisoners.

It envisages the possibility of allowing inmates with their sexual partners (para G 68), proposes that young children may stay with their detained mothers (para G 69) and that special facilities are provided for mothers accompanied by children (para G 70).

In re para 6 (vii)

This sub-para requires member states to provide medical, psychological and psychiatric care.

Rec R (98) 7 deals fully with the provision of medical, psychological and psychiatric care. The Recommendation establishes the right of access to medical care (para 1 A), confirms the principle of equivalence of care (para I B), patients’consent and confidentiality (para I C) and professional independence (para I D).

The Recommendation also provides for prevention and education for health and for the treatment of transmitted diseases (eg HIV infection and Aids, TB and hepatitis) of drug and alcohol addiction and psychiatric disorders (para III).

In re para 6 (viii)

Assembly Recommendation 1340 requests that the conditions of detention be adapted to the health status of the prisoner.

Rec R (98) 7 provides for special accommodation for prisoners with serious physical handicaps and of advanced age, and for transfer to outside hospital or early remission for patients with fatal prognoses.

In re para 7 (i)

Assembly Recommendation 1340 invites the Committee of Ministers to develop and expand co-operation and studies at European level of the social effects linked to imprisonment.

As far as health aspects are concerned, the WHO (Europe) has a Healthy Prisons Network which is developing cooperation between member states for the purpose of promoting healthy conditions in prisons. The Health Division participates actively in this project.

Appendix IV

Opinion of the Partial Agreement Co-operation Group to Combat Drug Abuse

and Illicit Trafficking in Drugs

(Pompidou Group)

The Pompidou Group informed the Committee of Ministers that it fully shares the concerns expressed by the Parliamentary Assembly in its Recommendation 1340 (1997) on the social and family effects of detention. These concerns are all the more important because drug use can worsen these effects.

In relation to paragraph 6.ii "to encourage greater use of non-custodial sentences", the Pompidou Group promotes among all member States the principle that penal law should form part of an integrated approach to drug-related offending rather than a solution in itself.

In this framework, it is appropriate to recall the work of the Pompidou Group in the criminal justice field, in particular a series of seminars organised in Central and Eastern European countries to support the use of alternative measures to imprisonment, and a multilateral seminar which was held in Strasbourg in 1998 on drug misusing offenders and the crimial justice system (from the period of first contact with the police up to and including sentencing). The criminal justice system can provide a starting point in encouraging drug misusing offenders to follow a course of treatment. The Pompidou Group noted that most legislations enable drug users to avoid a prison sentence if they agree to follow a course of treatment in appropriate conditions and that there are good reasons for facilitating this trend.

Regarding paragraphs 6.vii and x, the following observations can be extracted:

Concerning imprisoned drug-addicted offenders, the outcome (positive or negative) of their stay in prison will depend on how they are managed there. The drug addict must not be marginalised within the prison.

The Pompidou Group is of the opinion that the delinquent drug misuser must have access to appropriate medical care: it is important that (s)he can benefit from the same medical and psycho-social treatment as other members of the community. Therefore, if a prisoner was undergoing treatment before imprisonment, it is important to ensure that the treatment is continued in prison. It is also important to guarantee adequate follow-up after release. Treatment started in prison should be continued after release.

The Pompidou Group shares the opinion of the Parliamentary Assembly on the importance of a stable rehabilitation and recognises that reintegration constitutes an important element of the long-term strategy for dealing with delinquent drug misusers and is considered essential in decreasing the relapse rate. The offender, who will have followed a detoxification cure during her/his stay in prison, remains nevertheless very vulnerable. It would also be appropriate to create social support systems for discharged prisoners.

Alongside activities in the field of rehabilitation, therapy and care, the work of the Pompidou Group has also centred on the reduction of harm to the individual and to society; indeed, in the face of risk behaviours which drug addicts are likely to show in prison, measures must be implemented which aim to reduce the risk of HIV transmission and the transmission of hepatitis and other infectious diseases.

It should also be noted that a seminar on delinquent drug misusers in prison and after release will be held in 1999 and that work on obligatory treatment is underway.