European Prison Rules

This publication examines the rules in force in Europe governing prisons and the treatment of prisoners, including the use of force, the selection of prison staff and the protection of prisoners' human rights, based on Recommendation Rec (2006) 2 on the European Prison Rules (which was adopted by the Committee of Ministers of the Council of Europe in January 2006). It contains the text of the recommendation with a detailed commentary on it, together with a report which considers recent developments and analyses the effectiveness of these rules and of imprisonment as a form of punishment.

In recent years European prison law and policy have emerged as a force to be reckoned with. This book explores its development and analyses the penological and human rights foundations on which it is based. It examines the findings of the European Committee for the Prevention of Torture, the recommendations of the Council of Europe, and the judgments of the European Court of Human Rights. From these sources it makes the general principles that underlie European prison law and policy explicit, emphasising the principle of using imprisonment as a last resort and the recognition of prisoners' rights. The book then moves on to apply these principles to conditions of imprisonment, regimes in prison, contacts between prisoners and the outside world, and the maintenance of good order in prisons. The final chapter of the book considers how European prison law and policy could best be advanced in future. The authors argue that the European Court of Human Rights should adopt a more proactive approach to ensuring that imprisonment is used only as a last resort, and that a more radical interpretation of the existing provisions of the European Convention on Human Rights will allow it to do so. It concludes that the growing cooperation on prison matters within Europe bodes well for the increased recognition of prisoners' rights across Europe. In spite of some countervailing voices, Europe should increasingly be able to give an international lead in a human rights approach to prison law and policy in the same way it has done with the abolition of the death penalty.

This book contains the text of the Council of Europe recommendations on prisons, and examines in particular all aspects of imprisonment and prisons such as the use of force, the selection of prison staff and the protection of prisoners' human rights. The first part of the book contains the text of the recommendation and is followed by a commentary which discusses and explains the points and rules. The final section provides an overview of the recent developments in European Prison Rules, and analyses the effectiveness of these rules and the effectiveness of imprisonment as a form of punishment.

At the start of the 21st century, some 2 million Europeans were detained against their will in prisons, police stations, mental health institutions or other detention centres. It is generally recognised that protection against the arbitrary deprivation of liberty and the prevention of ill-treatment reflect the extent to which states respect human rights and human dignity, when these can be jeopardised by demands for security and efficiency. This book describes the European system for the protection of people deprived of their liberty and how this has evolved over the past fifty years. It discusses the different initiatives taken by the Council of Europe in this area, of which the European Convention on Human Rights and the Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment are the most significant.

This book offers an overview of relevant Council of Europe standards on prison matters as developed in binding texts such as conventions and protocols, As well as Committee of Ministers recommendations and resolutions. it also includes conventions and recommendations which do not deal directly with penitentiary questions but whose topics are of importance to people who are detained and staff working with them - subjects such as the transfer of sentenced prisoners, conditional release or other community sanctions and measures, or mediation. The present compilation of standard-setting texts relating to penitentiary issues is intended For The use of courts, parliaments and national authorities including the prison administration, and also prison staff, detainees, non-governmental organisations and practitioners working in the field.