COUNCIL OF EUROPE
COMMITTEE OF MINISTERS
Recommendation Rec(2006)2
of the Committee of Ministers to
member states
on the European Prison Rules1
(Adopted by the Committee
of Ministers on 11 January 2006
at the 952nd meeting of the
Ministers' Deputies)
The Committee of Ministers, under the terms
of Article 15.b of the Statute of the Council of Europe,
Having regard to the European Convention on
Human Rights and the case law of the European Court of Human Rights;
Having regard also to the work carried out
by the European Committee for the Prevention of Torture and Inhuman
or Degrading Treatment or Punishment and in particular the standards
it has developed in its general reports;
Reiterating that no one shall be deprived of
liberty save as a measure of last resort and in accordance with a
procedure prescribed by law;
Stressing that the enforcement of custodial
sentences and the treatment of prisoners necessitate taking account
of the requirements of safety, security and discipline while also
ensuring prison conditions which do not infringe human dignity and
which offer meaningful occupational activities and treatment
programmes to inmates, thus preparing them for their reintegration
into society;
Considering it important that Council of
Europe member states continue to update and observe common
principles regarding their prison policy;
Considering, moreover, that the observance
of such common principles will enhance international co-operation in
this field;
Noting the significant social changes which
have influenced important developments in the penal field in Europe
in the course of the last two decades;
Endorsing once again the standards contained
in the recommendations of the Committee of Ministers of the Council
of Europe, which relate to specific aspects of penitentiary policy
and practice and in particular No. R (89) 12 on education in prison,
No. R (93) 6 concerning prison and criminological aspects of the
control of transmissible diseases including AIDS and related health
problems in prison, No. R (97) 12 on staff concerned with the
implementation of sanctions and measures, No. R (98) 7 concerning
the ethical and organisational aspects of health care in prison, No.
R (99) 22 concerning prison overcrowding and prison population
inflation, Rec(2003)22 on conditional release (parole), and
Rec(2003)23 on the management by prison administrations of life
sentence and other long-term prisoners;
Bearing in mind the United Nations Standard
Minimum Rules for the Treatment of Prisoners;
Considering that Recommendation No. R (87) 3
of the Committee of Ministers on the European Prison Rules needs to
be substantively revised and updated in order to reflect the
developments which have occurred in penal policy, sentencing
practice and the overall management of prisons in Europe,
Recommends that governments of member
states:
- be guided in their legislation, policies
and practice by the rules contained in the appendix to this
recommendation, which replaces Recommendation No. R (87) 3 of the
Committee of Ministers on the European Prison Rules;
- ensure that this recommendation and the
accompanying commentary to its text are translated and disseminated
as widely as possible and more specifically among judicial
authorities, prison staff and individual prisoners.
Appendix to Recommendation Rec(2006)2
Part I
Basic principles
1. All persons deprived of their liberty
shall be treated with respect for their human rights.
2. Persons deprived of their liberty retain
all rights that are not lawfully taken away by the decision
sentencing them or remanding them in custody.
3 Restrictions placed on persons deprived of
their liberty shall be the minimum necessary and proportionate to
the legitimate objective for which they are imposed.
4. Prison conditions that infringe
prisoners’ human rights are not justified by lack of resources.
5. Life in prison shall approximate as
closely as possible the positive aspects of life in the community.
6. All detention shall be managed so as to
facilitate the reintegration into free society of persons who have
been deprived of their liberty.
7. Co-operation with outside social services
and as far as possible the involvement of civil society in prison
life shall be encouraged.
8. Prison staff carry out an important
public service and their recruitment, training and conditions of
work shall enable them to maintain high standards in their care of
prisoners.
9 All prisons shall be subject to regular
government inspection and independent monitoring.
Scope and application
10.1 The European Prison Rules apply to
persons who have been remanded in custody by a judicial authority or
who have been deprived of their liberty following conviction.
10.2 In principle, persons who have been
remanded in custody by a judicial authority and persons who are
deprived of their liberty following conviction should only be
detained in prisons, that is, in institutions reserved for detainees
of these two categories.
10.3 The Rules also apply to persons:
a. who
may be detained for any other reason in a prison; or
b. who
have been remanded in custody by a judicial authority or deprived of
their liberty following conviction and who may, for any reason, be
detained elsewhere.
10.4 All persons who are detained in a
prison or who are detained in the manner referred to in
paragraph 10.3.b are regarded as prisoners for the purpose of
these rules.
11.1 Children under the age of 18 years
should not be detained in a prison for adults, but in an
establishment specially designed for the purpose.
11.2 If children are nevertheless
exceptionally held in such a prison there shall be special
regulations that take account of their status and needs.
12.1 Persons who are suffering from mental
illness and whose state of mental health is incompatible with
detention in a prison should be detained in an establishment
specially designed for the purpose.
12.2 If such persons are nevertheless
exceptionally held in prison there shall be special regulations that
take account of their status and needs.
13. These rules shall be applied
impartially, without discrimination on any ground such as sex, race,
colour, language, religion, political or other opinion, national or
social origin, association with a national minority, property, birth
or other status.
Part II
Conditions of imprisonment
Admission
14. No person shall be admitted to or held
in a prison as a prisoner without a valid commitment order, in
accordance with national law.
15.1 At admission the following details
shall be recorded immediately concerning each prisoner:
a.
information concerning the identity of the prisoner;
b.
the reasons for commitment and the authority for it;
c.
the day and hour of admission;
d. an
inventory of the personal property of the prisoner that is to be
held in safekeeping in accordance with Rule 31;
e.
any visible injuries and complaints about prior ill-treatment; and
f.
subject to the requirements of medical confidentiality, any
information about the prisoner’s health that is relevant to the
physical and mental well-being of the prisoner or others.
15.2 At admission all prisoners shall be
given information in accordance with Rule 30.
15.3 Immediately after admission
notification of the detention of the prisoner shall be given in
accordance with Rule 24.9.
16. As soon as possible after admission:
a.
information about the health of the prisoner on admission shall be
supplemented by a medical examination in accordance with Rule 42;
b.
the appropriate level of security for the prisoner shall be
determined in accordance with Rule 51;
c.
the threat to safety that the prisoner poses shall be determined in
accordance with Rule 52;
d.
any available information about the social situation of the prisoner
shall be evaluated in order to deal with the immediate personal and
welfare needs of the prisoner; and
e. in
the case of sentenced prisoners the necessary steps shall be taken
to implement programmes in accordance with Part VIII of these rules.
Allocation and accommodation
17.1 Prisoners shall be allocated, as far as
possible, to prisons close to their homes or places of social
rehabilitation.
17.2 Allocation shall also take into account
the requirements of continuing criminal investigations, safety and
security and the need to provide appropriate regimes for all
prisoners.
17.3 As far as possible, prisoners shall be
consulted about their initial allocation and any subsequent transfer
from one prison to another.
18.1 The accommodation provided for
prisoners, and in particular all sleeping accommodation, shall
respect human dignity and, as far as possible, privacy, and meet the
requirements of health and hygiene, due regard being paid to
climatic conditions and especially to floor space, cubic content of
air, lighting, heating and ventilation.
18.2 In all buildings where prisoners are
required to live, work or congregate:
a. the
windows shall be large enough to enable the prisoners to read
or work by natural light in normal conditions and shall allow the
entrance of fresh air except where there is an adequate air
conditioning system;
b.
artificial light shall satisfy recognised technical standards; and
c.
there shall be an alarm system that enables prisoners to contact the
staff without delay.
18.3 Specific minimum requirements in
respect of the matters referred to in paragraphs 1 and 2 shall be
set in national law.
18.4 National law shall provide mechanisms
for ensuring that these minimum requirements are not breached by the
overcrowding of prisons.
18.5 Prisoners shall normally be
accommodated during the night in individual cells except where it is
preferable for them to share sleeping accommodation.
18.6 Accommodation shall only be shared if
it is suitable for this purpose and shall be occupied by prisoners
suitable to associate with each other.
18.7 As far as possible, prisoners shall be
given a choice before being required to share sleeping
accommodation.
18.8 In deciding to accommodate prisoners in
particular prisons or in particular sections of a prison due account
shall be taken of the need to detain:
a.
untried prisoners separately from sentenced prisoners;
b.
male prisoners separately from females; and
c.
young adult prisoners separately from older prisoners.
18.9 Exceptions can be made to the
requirements for separate detention in terms of paragraph 8 in order
to allow prisoners to participate jointly in organised activities,
but these groups shall always be separated at night unless they
consent to be detained together and the prison authorities judge
that it would be in the best interest of all the prisoners
concerned.
18.10 Accommodation of all prisoners shall
be in conditions with the least restrictive security arrangements
compatible with the risk of their escaping or harming themselves or
others.
Hygiene
19.1 All parts of every prison shall be
properly maintained and kept clean at all times.
19.2 When prisoners are admitted to prison
the cells or other accommodation to which they are allocated shall
be clean.
19.3 Prisoners shall have ready access to
sanitary facilities that are hygienic and respect privacy.
19.4 Adequate facilities shall be provided
so that every prisoner may have a bath or shower, at a temperature
suitable to the climate, if possible daily but at least twice a week
(or more frequently if necessary) in the interest of general
hygiene.
19.5 Prisoners shall keep their persons,
clothing and sleeping accommodation clean and tidy.
19.6 The prison authorities shall provide
them with the means for doing so including toiletries and general
cleaning implements and materials.
19.7 Special provision shall be made for the
sanitary needs of women.
Clothing and bedding
20.1 Prisoners who do not have adequate
clothing of their own shall be provided with clothing suitable for
the climate.
20.2 Such clothing shall not be degrading or
humiliating.
20.3 All clothing shall be maintained in
good condition and replaced when necessary.
20.4 Prisoners who obtain permission to go
outside prison shall not be required to wear clothing that
identifies them as prisoners.
21. Every prisoner shall be provided with a
separate bed and separate and appropriate bedding, which shall be
kept in good order and changed often enough to ensure its
cleanliness.
Nutrition
22.1 Prisoners shall be provided with a
nutritious diet that takes into account their age, health, physical
condition, religion, culture and the nature of their work.
22.2 The requirements of a nutritious diet,
including its minimum energy and protein content, shall be
prescribed in national law.
22.3 Food shall be prepared and served
hygienically.
22.4 There shall be three meals a day with
reasonable intervals between them.
22.5 Clean drinking water shall be available
to prisoners at all times.
22.6 The medical practitioner or a qualified
nurse shall order a change in diet for a particular prisoner when it
is needed on medical grounds.
Legal advice
23.1 All prisoners are entitled to legal
advice, and the prison authorities shall provide them with
reasonable facilities for gaining access to such advice.
23.2 Prisoners may consult on any legal
matter with a legal adviser of their own choice and at their own
expense.
23.3 Where there is a recognised scheme of
free legal aid the authorities shall bring it to the attention of
all prisoners.
23.4 Consultations and other communications
including correspondence about legal matters between prisoners and
their legal advisers shall be confidential.
23.5 A judicial authority may in exceptional
circumstances authorise restrictions on such confidentiality to
prevent serious crime or major breaches of prison safety and
security.
23.6 Prisoners shall have access to, or be
allowed to keep in their possession, documents relating to their
legal proceedings.
Contact with the outside world
24.1 Prisoners shall be allowed to
communicate as often as possible by letter, telephone or other forms
of communication with their families, other persons and
representatives of outside organisations and to receive visits from
these persons.
24.2 Communication and visits may be subject
to restrictions and monitoring necessary for the requirements of
continuing criminal investigations, maintenance of good order,
safety and security, prevention of criminal offences and protection
of victims of crime, but such restrictions, including specific
restrictions ordered by a judicial authority, shall nevertheless
allow an acceptable minimum level of contact.
24.3 National law shall specify national and
international bodies and officials with whom communication by
prisoners shall not be restricted.
24.4 The arrangements for visits shall be
such as to allow prisoners to maintain and develop family
relationships in as normal a manner as possible.
24.5 Prison authorities shall assist
prisoners in maintaining adequate contact with the outside world and
provide them with the appropriate welfare support to do so.
24.6 Any information received of the death
or serious illness of any near relative shall be promptly
communicated to the prisoner.
24.7 Whenever circumstances allow, the
prisoner should be authorised to leave prison either under escort or
alone in order to visit a sick relative, attend a funeral or for
other humanitarian reasons.
24.8 Prisoners shall be allowed to inform
their families immediately of their imprisonment or transfer to
another institution and of any serious illness or injury they may
suffer.
24.9 Upon the admission of a prisoner to
prison, the death or serious illness of, or serious injury to a
prisoner, or the transfer of a prisoner to a hospital, the
authorities shall, unless the prisoner has requested them not to do
so, immediately inform the spouse or partner of the prisoner, or, if
the prisoner is single, the nearest relative and any other person
previously designated by the prisoner.
24.10 Prisoners shall be allowed to keep
themselves informed regularly of public affairs by subscribing to
and reading newspapers, periodicals and other publications and by
listening to radio or television transmissions unless there is a
specific prohibition for a specified period by a judicial authority
in an individual case.
24.11 Prison authorities shall ensure that
prisoners are able to participate in elections, referenda and in
other aspects of public life, in so far as their right to do so is
not restricted by national law.
24.12 Prisoners shall be allowed to
communicate with the media unless there are compelling reasons to
forbid this for the maintenance of safety and security, in the
public interest or in order to protect the integrity of victims,
other prisoners or staff.
Prison regime
25.1 The regime provided for all prisoners
shall offer a balanced programme of activities.
25.2 This regime shall allow all prisoners
to spend as many hours a day outside their cells as are necessary
for an adequate level of human and social interaction.
25.3 This regime shall also provide for the
welfare needs of prisoners.
25.4 Particular attention shall be paid to
the needs of prisoners who have experienced physical, mental or
sexual abuse.
Work
26.1 Prison work shall be approached as a
positive element of the prison regime and shall never be used as a
punishment.
26.2 Prison authorities shall strive to
provide sufficient work of a useful nature.
26.3 As far as possible, the work provided
shall be such as will maintain or increase prisoners’ ability to
earn a living after release.
26.4 In conformity with Rule 13 there shall
be no discrimination on the basis of gender in the type of work
provided.
26.5 Work that encompasses vocational
training shall be provided for prisoners able to benefit from it and
especially for young prisoners.
26.6 Prisoners may choose the type of
employment in which they wish to participate, within the limits of
what is available, proper vocational selection and the requirements
of good order and discipline.
26.7 The organisation and methods of work in
the institutions shall resemble as closely as possible those of
similar work in the community in order to prepare prisoners for the
conditions of normal occupational life.
26.8 Although the pursuit of financial
profit from industries in the institutions can be valuable in
raising standards and improving the quality and relevance of
training, the interests of the prisoners should not be subordinated
to that purpose.
26.9 Work for prisoners shall be provided by
the prison authorities, either on their own or in co-operation with
private contractors, inside or outside prison.
26.10 In all instances there shall be
equitable remuneration of the work of prisoners.
26.11 Prisoners shall be allowed to spend at
least a part of their earnings on approved articles for their own
use and to allocate a part of their earnings to their families.
26.12 Prisoners may be encouraged to save
part of their earnings, which shall be handed over to them on
release or be used for other approved purposes.
26.13 Health and safety precautions for
prisoners shall protect them adequately and shall not be less
rigorous than those that apply to workers outside.
26.14 Provision shall be made to indemnify
prisoners against industrial injury, including occupational disease,
on terms not less favourable than those extended by national law to
workers outside.
26.15 The maximum daily and weekly working
hours of the prisoners shall be fixed in conformity with local rules
or custom regulating the employment of free workers.
26.16 Prisoners shall have at least one rest
day a week and sufficient time for education and other activities.
26.17 As far as possible, prisoners who work
shall be included in national social security systems.
Exercise and recreation
27.1 Every prisoner shall be provided with
the opportunity of at least one hour of exercise every day in the
open air, if the weather permits.
27.2 When the weather is inclement
alternative arrangements shall be made to allow prisoners to
exercise.
27.3 Properly organised activities to
promote physical fitness and provide for adequate exercise and
recreational opportunities shall form an integral part of prison
regimes.
27.4 Prison authorities shall facilitate
such activities by providing appropriate installations and
equipment.
27.5 Prison authorities shall make
arrangements to organise special activities for those prisoners who
need them.
27.6 Recreational opportunities, which
include sport, games, cultural activities, hobbies and other leisure
pursuits, shall be provided and, as far as possible, prisoners shall
be allowed to organise them.
27.7 Prisoners shall be allowed to associate
with each other during exercise and in order to take part in
recreational activities.
Education
28.1 Every prison shall seek to provide all
prisoners with access to educational programmes which are as
comprehensive as possible and which meet their individual needs
while taking into account their aspirations.
28.2 Priority shall be given to prisoners
with literacy and numeracy needs and those who lack basic or
vocational education.
28.3 Particular attention shall be paid to
the education of young prisoners and those with special needs.
28.4 Education shall have no less a status
than work within the prison regime and prisoners shall not be
disadvantaged financially or otherwise by taking part in education.
28.5 Every institution shall have a library
for the use of all prisoners, adequately stocked with a wide range
of both recreational and educational resources, books and other
media.
28.6 Wherever possible, the prison library
should be organised in co-operation with community library services.
28.7 As far as practicable, the education of
prisoners shall:
a. be integrated with the educational and
vocational training system of the country so that after their
release they may continue their education and vocational training
without difficulty; and
b. take place under the auspices of
external educational institutions.
Freedom of thought, conscience and
religion
29.1 Prisoners’ freedom of thought,
conscience and religion shall be respected.
29.2 The prison regime shall be organised so
far as is practicable to allow prisoners to practise their religion
and follow their beliefs, to attend services or meetings led by
approved representatives of such religion or beliefs, to receive
visits in private from such representatives of their religion or
beliefs and to have in their possession books or literature relating
to their religion or beliefs.
29.3 Prisoners may not be compelled to
practise a religion or belief, to attend religious services or
meetings, to take part in religious practices or to accept a visit
from a representative of any religion or belief.
Information
30.1 At admission, and as often as necessary
afterwards all prisoners shall be informed in writing and orally in
a language they understand of the regulations governing prison
discipline and of their rights and duties in prison.
30.2 Prisoners shall be allowed to keep in
their possession a written version of the information they are
given.
30.3 Prisoners shall be informed about any
legal proceedings in which they are involved and, if they are
sentenced, the time to be served and the possibilities of early
release.
Prisoners' property
31.1 All property that prisoners are not
allowed to retain under the rules governing the prison shall be
placed in safe custody on admission to the institution.
31.2 A prisoner whose property is taken into
safe custody shall sign an inventory of the property.
31.3 Steps shall be taken to keep such
property in good condition.
31.4 If it has been found necessary to
destroy any such property, this shall be recorded and the prisoner
informed.
31.5 Prisoners shall, subject to the
requirements of hygiene, good order and security, be entitled to
purchase or otherwise obtain goods, including food and drink for
their personal use at prices that are not abnormally higher than
those in free society.
31.6 If a prisoner brings in any medicines,
the medical practitioner shall decide what use shall be made of
them.
31.7 Where prisoners are allowed to keep
possession of their property the prison authorities shall take steps
to assist in its safekeeping.
Transfer of prisoners
32.1 While prisoners are being moved to or
from a prison, or to other places such as court or hospital, they
shall be exposed to public view as little as possible and proper
safeguards shall be adopted to ensure their anonymity.
32.2 The transport of prisoners in
conveyances with inadequate ventilation or light, or which would
subject them in any way to unnecessary physical hardship or
indignity, shall be prohibited.
32.3 The transport of prisoners shall be
carried out at the expense and under the direction of the public
authorities.
Release of prisoners
33.1 All prisoners shall be released without
delay when their commitment orders expire, or when a court or other
authority orders their release.
33.2 The date and time of the release shall
be recorded.
33.3 All prisoners shall have the benefit of
arrangements designed to assist them in returning to free society
after release.
33.4 On the release of a prisoner all
articles and money belonging to the prisoner that were taken into
safe custody shall be returned except in so far as there have been
authorised withdrawals of money or the authorised sending of any
such property out of the institution, or it has been found necessary
to destroy any article on hygienic grounds.
33.5 The prisoner shall sign a receipt for
the property returned.
33.6 When release is pre-arranged, the
prisoner shall be offered a medical examination in accordance with
Rule 42 as close as possible to the time of release.
33.7 Steps must be taken to ensure that on
release prisoners are provided, as necessary, with appropriate
documents and identification papers, and assisted in finding
suitable accommodation and work.
33.8 Released prisoners shall also be
provided with immediate means of subsistence, be suitably and
adequately clothed with regard to the climate and season, and have
sufficient means to reach their destination.
Women
34.1 In addition to the specific provisions
in these rules dealing with women prisoners, the authorities shall
pay particular attention to the requirements of women such as their
physical, vocational, social and psychological needs when making
decisions that affect any aspect of their detention.
34.2 Particular efforts shall be made to
give access to special services for women prisoners who have needs
as referred to in Rule 25.4.
34.3 Prisoners shall be allowed to give
birth outside prison, but where a child is born in prison the
authorities shall provide all necessary support and facilities.
Detained children
35.1 Where exceptionally children under the
age of 18 years are detained in a prison for adults the authorities
shall ensure that, in addition to the services available to all
prisoners, prisoners who are children have access to the social,
psychological and educational services, religious care and
recreational programmes or equivalents to them that are available to
children in the community.
35.2 Every prisoner who is a child and is
subject to compulsory education shall have access to such education.
35.3 Additional assistance shall be provided
to children who are released from prison.
35.4 Where children are detained in a prison
they shall be kept in a part of the prison that is separate from
that used by adults unless it is considered that this is against the
best interests of the child.
Infants
36.1 Infants may stay in prison with a
parent only when it is in the best interest of the infants
concerned. They shall not be treated as prisoners.
36.2 Where such infants are allowed to stay
in prison with a parent special provision shall be made for a
nursery, staffed by qualified persons, where the infants shall be
placed when the parent is involved in activities where the infant
cannot be present.
36.3 Special accommodation shall be set
aside to protect the welfare of such infants.
Foreign nationals
37.1 Prisoners who are foreign nationals
shall be informed, without delay, of their right to request contact
and be allowed reasonable facilities to communicate with the
diplomatic or consular representative of their state.
37.2 Prisoners who are nationals of states
without diplomatic or consular representation in the country, and
refugees or stateless persons, shall be allowed similar facilities
to communicate with the diplomatic representative of the state which
takes charge of their interests or the national or international
authority whose task it is to serve the interests of such persons.
37.3 In the interests of foreign nationals in prison who may have
special needs, prison authorities shall
co-operate fully with
diplomatic or consular officials representing prisoners.
37.4 Specific information about legal
assistance shall be provided to prisoners who are foreign nationals.
37.5 Prisoners who are foreign nationals
shall be informed of the possibility of requesting that the
execution of their sentence be transferred to another country.
Ethnic or linguistic minorities
38.1 Special arrangements shall be made to
meet the needs of prisoners who belong to ethnic or linguistic
minorities.
38.2 As far as practicable the cultural
practices of different groups shall be allowed to continue in
prison.
38.3 Linguistic needs shall be met by using
competent interpreters and by providing written material in the
range of languages used in a particular prison.
Part III
Health
Health care
39. Prison authorities shall safeguard the
health of all prisoners in their care.
Organisation of prison health care
40.1 Medical services in prison shall be
organised in close relation with the general health administration
of the community or nation.
40.2 Health policy in prisons shall be
integrated into, and compatible with, national health policy.
40.3 Prisoners shall have access to the
health services available in the country without discrimination on
the grounds of their legal situation.
40.4 Medical services in prison shall seek
to detect and treat physical or mental illnesses or defects from
which prisoners may suffer.
40.5 All necessary medical, surgical and
psychiatric services including those available in the community
shall be provided to the prisoner for that purpose.
Medical and health care personnel
41.1 Every prison shall have the
services of at least one qualified general medical practitioner.
41.2 Arrangements shall be made to ensure at
all times that a qualified medical practitioner is available without
delay in cases of urgency.
41.3 Where prisons do not have a full-time
medical practitioner, a part-time medical practitioner shall visit
regularly.
41.4 Every prison shall have personnel
suitably trained in health care.
41.5 The services of qualified dentists and
opticians shall be available to every prisoner.
Duties of the medical practitioner
42.1 The medical practitioner or a qualified
nurse reporting to such a medical practitioner shall see every
prisoner as soon as possible after admission, and shall examine them
unless this is obviously unnecessary.
42.2 The medical practitioner or a qualified
nurse reporting to such a medical practitioner shall examine the
prisoner if requested at release, and shall otherwise examine
prisoners whenever necessary.
42.3 When examining a prisoner the medical
practitioner or a qualified nurse reporting to such a medical
practitioner shall pay particular attention to:
a.
observing the normal rules of medical confidentiality;
b.
diagnosing physical or mental illness and taking all measures
necessary for its treatment and for the continuation of existing
medical treatment;
c.
recording and reporting to the relevant authorities any sign or
indication that prisoners may have been treated violently;
d.
dealing with withdrawal symptoms resulting from use of drugs,
medication or alcohol;
e.
identifying any psychological or other stress brought on by the fact
of deprivation of liberty;
f.
isolating prisoners suspected of infectious or contagious conditions
for the period of infection and providing them with proper
treatment;
g.
ensuring that prisoners carrying the HIV virus are not isolated for
that reason alone;
h.
noting physical or mental defects that might impede resettlement
after release;
i.
determining the fitness of each prisoner to work and to exercise;
and
j.
making arrangements with community agencies for the continuation of
any necessary medical and psychiatric treatment after release, if
prisoners give their consent to such arrangements.
43.1 The medical practitioner shall have the
care of the physical and mental health of the prisoners and shall
see, under the conditions and with a frequency consistent with
health care standards in the community, all sick prisoners, all who
report illness or injury and any prisoner to whom attention is
specially directed.
43.2 The medical practitioner or a qualified
nurse reporting to such a medical practitioner shall pay particular
attention to the health of prisoners held under conditions of
solitary confinement, shall visit such prisoners daily, and shall
provide them with prompt medical assistance and treatment at the
request of such prisoners or the prison staff.
43.3 The medical practitioner shall report
to the director whenever it is considered that a prisoner's physical
or mental health is being put seriously at risk by continued
imprisonment or by any condition of imprisonment, including
conditions of solitary confinement.
44. The medical practitioner or other
competent authority shall regularly inspect, collect information by
other means if appropriate, and advise the director upon:
a. the
quantity, quality, preparation and serving of food and water;
b.
the hygiene and cleanliness of the institution and prisoners;
c.
the sanitation, heating, lighting and ventilation of the
institution; and
d.
the suitability and cleanliness of the prisoners’ clothing and
bedding.
45.1 The director shall consider the reports
and advice that the medical practitioner or other competent
authority submits according to Rules 43 and 44 and, when in
agreement with the recommendations made, shall take immediate steps
to implement them.
45.2 If the recommendations of the medical
practitioner are not within the director's competence or if the
director does not agree with them, the director shall immediately
submit the advice of the medical practitioner and a personal report
to higher authority.
Health care provision
46.1 Sick prisoners who require specialist
treatment shall be transferred to specialised institutions or to
civil hospitals, when such treatment is not available in prison.
46.2 Where a prison service has its own
hospital facilities, they shall be adequately staffed and equipped
to provide the prisoners referred to them with appropriate care and
treatment.
Mental health
47.1 Specialised prisons or sections under
medical control shall be available for the observation and treatment
of prisoners suffering from mental disorder or abnormality who do
not necessarily fall under the provisions of Rule 12.
47.2 The prison medical service shall
provide for the psychiatric treatment of all prisoners who are in
need of such treatment and pay special attention to suicide
prevention.
Other matters
48.1 Prisoners shall not be subjected to any
experiments without their consent.
48.2 Experiments involving prisoners that
may result in physical injury, mental distress or other damage to
health shall be prohibited.
Part IV
Good order
General approach to good order
49. Good order in prison shall be maintained
by taking into account the requirements of security, safety and
discipline, while also providing prisoners with living conditions
which respect human dignity and offering them a full programme of
activities in accordance with Rule 25.
50. Subject to the needs of good order,
safety and security, prisoners shall be allowed to discuss matters
relating to the general conditions of imprisonment and shall be
encouraged to communicate with the prison authorities about these
matters.
Security
51.1 The security measures applied to
individual prisoners shall be the minimum necessary to achieve their
secure custody.
51.2 The security which is provided by
physical barriers and other technical means shall be complemented by
the dynamic security provided by an alert staff who know the
prisoners who are under their control.
51.3 As soon as possible after admission,
prisoners shall be assessed to determine:
a. the
risk that they would present to the community if they were to
escape;
b.
the risk that they will try to escape either on their own or with
external assistance.
51.4 Each prisoner shall then be held in
security conditions appropriate to these levels of risk.
51.5 The level of security necessary shall
be reviewed at regular intervals throughout a person’s imprisonment.
Safety
52.1 As soon as possible after admission,
prisoners shall be assessed to determine whether they pose a safety
risk to other prisoners, prison staff or other persons working in or
visiting prison or whether they are likely to harm themselves.
52.2 Procedures shall be in place to ensure
the safety of prisoners, prison staff and all visitors and to reduce
to a minimum the risk of violence and other events that might
threaten safety.
52.3 Every possible effort shall be made to
allow all prisoners to take a full part in daily activities in
safety.
52.4 It shall be possible for prisoners to
contact staff at all times, including during the night.
52.5 National health and safety laws shall
be observed in prisons.
Special high security or safety measures
53.1 Special high security or safety
measures shall only be applied in exceptional circumstances.
53.2 There shall be clear procedures to be
followed when such measures are to be applied to any prisoner.
53.3 The nature of any such measures, their
duration and the grounds on which they may be applied shall be
determined by national law.
53.4 The application of the measures in each
case shall be approved by the competent authority for a specified
period of time.
53.5 Any decision to extend the approved
period of time shall be subject to a new approval by the competent
authority.
53.6 Such measures shall be applied to
individuals and not to groups of prisoners.
53.7 Any prisoner subjected to such measures
shall have a right of complaint in the terms set out in Rule 70.
Searching and controls
54.1 There shall be detailed procedures
which staff have to follow when searching:
a. all
places where prisoners live, work and congregate;
b.
prisoners;
c.
visitors and their possessions; and
d.
staff.
54.2 The situations in which such searches
are necessary and their nature shall be defined by national law.
54.3 Staff shall be trained to carry out
these searches in such a way as to detect and prevent any attempt to
escape or to hide contraband, while at the same time respecting the
dignity of those being searched and their personal possessions.
54.4 Persons being searched shall not be
humiliated by the searching process.
54.5 Persons shall only be searched by staff
of the same gender.
54.6 There shall be no internal physical
searches of prisoners’ bodies by prison staff.
54.7 An intimate examination related to a
search may be conducted by a medical practitioner only.
54.8 Prisoners shall be present when their
personal property is being searched unless investigating techniques
or the potential threat to staff prohibit this.
54.9 The obligation to protect security and
safety shall be balanced against the privacy of visitors.
54.10 Procedures for controlling
professional visitors, such as legal representatives, social workers
and medical practitioners, etc., shall be the subject of
consultation with their professional bodies to ensure a balance
between security and safety, and the right of confidential
professional access.
Criminal acts
55. An alleged criminal act committed in a
prison shall be investigated in the same way as it would be in free
society and shall be dealt with in accordance with national law.
Discipline and punishment
56.1 Disciplinary procedures shall be
mechanisms of last resort.
56.2 Whenever possible, prison authorities
shall use mechanisms of restoration and mediation to resolve
disputes with and among prisoners.
57.1 Only conduct likely to constitute a
threat to good order, safety or security may be defined as a
disciplinary offence.
57.2 National law shall determine:
a. the
acts or omissions by prisoners that constitute disciplinary
offences;
b.
the procedures to be followed at disciplinary hearings;
c.
the types and duration of punishment that may be imposed;
d.
the authority competent to impose such punishment; and
e.
access to and the authority of the appellate process.
58. Any allegation of infringement of the
disciplinary rules by a prisoner shall be reported promptly to the
competent authority, which shall investigate it without undue delay.
59. Prisoners charged with disciplinary
offences shall:
a. be
informed promptly, in a language which they understand and in
detail, of the nature of the accusations against them;
b.
have adequate time and facilities for the preparation of their
defence;
c. be
allowed to defend themselves in person or through legal assistance
when the interests of justice so require;
d. be
allowed to request the attendance of witnesses and to examine them
or to have them examined on their behalf; and
e.
have the free assistance of an interpreter if they cannot understand
or speak the language used at the hearing.
60.1 Any punishment imposed after conviction
of a disciplinary offence shall be in accordance with national law.
60.2 The severity of any punishment shall be
proportionate to the offence.
60.3 Collective punishments and corporal
punishment, punishment by placing in a dark cell, and all other
forms of inhuman or degrading punishment shall be prohibited.
60.4 Punishment shall not include a total
prohibition on family contact.
60.5 Solitary confinement shall be imposed
as a punishment only in exceptional cases and for a specified period
of time, which shall be as short as possible.
60.6 Instruments of restraint shall never be
applied as a punishment.
61. A prisoner who is found guilty of a
disciplinary offence shall be able to appeal to a competent and
independent higher authority.
62. No prisoner shall be employed or given
authority in the prison in any disciplinary capacity.
Double jeopardy
A prisoner shall never be punished twice for
the same act or conduct.
Use of force
64.1 Prison staff shall not use force
against prisoners except in self-defence or in cases of attempted
escape or active or passive physical resistance to a lawful order
and always as a last resort.
64.2 The amount of force used shall be the
minimum necessary and shall be imposed for the shortest necessary
time.
65. There shall be detailed procedures about
the use of force including stipulations about:
a. the
various types of force that may be used;
b.
the circumstances in which each type of force may be used;
c.
the members of staff who are entitled to use different types of
force;
d.
the level of authority required before any force is used; and
e.
the reports that must be completed once force has been used.
66. Staff who deal directly with prisoners
shall be trained in techniques that enable the minimal use of force
in the restraint of prisoners who are aggressive.
67.1 Staff of other law enforcement agencies
shall only be involved in dealing with prisoners inside prisons in
exceptional circumstances.
67.2 There shall be a formal agreement
between the prison authorities and any such other law enforcement
agencies unless the relationship is already regulated by domestic
law.
67.3 Such agreement shall stipulate:
a. the
circumstances in which members of other law enforcement agencies may
enter a prison to deal with any conflict;
b.
the extent of the authority which such other law enforcement
agencies shall have while they are in the prison and their
relationship with the director of the prison;
c.
the various types of force that members of such agencies may use;
d.
the circumstances in which each type of force may be used;
e.
the level of authority required before any force is used; and
f.
the reports that must be completed once force has been used.
Instruments of restraint
68.1 The use of chains and irons shall be
prohibited.
68.2 Handcuffs, restraint jackets and other
body restraints shall not be used except:
a. if
necessary, as a precaution against escape during a transfer,
provided that they shall be removed when the prisoner appears before
a judicial or administrative authority unless that authority decides
otherwise; or
b. by
order of the director, if other methods of control fail, in order to
protect a prisoner from self-injury, injury to others or to prevent
serious damage to property, provided that in such instances the
director shall immediately inform the medical practitioner and
report to the higher prison authority.
68.3 Instruments of restraint shall not be
applied for any longer time than is strictly necessary.
68.4 The manner of use of instruments of
restraint shall be specified in national law.
Weapons
69.1 Except in an operational emergency,
prison staff shall not carry lethal weapons within the prison
perimeter.
69.2 The open carrying of other weapons,
including batons, by persons in contact with prisoners shall be
prohibited within the prison perimeter unless they are required for
safety and security in order to deal with a particular incident.
69.3 Staff shall not be provided with
weapons unless they have been trained in their use.
Requests and complaints
70.1 Prisoners, individually or as a group,
shall have ample opportunity to make requests or complaints to the
director of the prison or to any other competent authority.
70.2 If mediation seems appropriate this
should be tried first.
70.3 If a request is denied or a complaint
is rejected, reasons shall be provided to the prisoner and the
prisoner shall have the right to appeal to an independent authority.
70.4 Prisoners shall not be punished because
of having made a request or lodged a complaint.
70.5 The competent authority shall take into
account any written complaints from relatives of a prisoner when
they have reason to believe that a prisoner’s rights have been
violated.
70.6 No complaint by a legal representative
or organisation concerned with the welfare of prisoners may be
brought on behalf of a prisoner if the prisoner concerned does not
consent to it being brought.
70.7 Prisoners are entitled to seek legal
advice about complaints and appeals procedures and to legal
assistance when the interests of justice require.
Part V
Management and staff
Prison work as a public service
71. Prisons shall be the responsibility of
public authorities separate from military, police or criminal
investigation services.
72.1 Prisons shall be managed within an
ethical context which recognises the obligation to treat all
prisoners with humanity and with respect for the inherent dignity of
the human person.
72.2 Staff shall manifest a clear sense of
purpose of the prison system. Management shall provide leadership on
how the purpose shall best be achieved.
72.3 The duties of staff go beyond those
required of mere guards and shall take account of the need to
facilitate the reintegration of prisoners into society after their
sentence has been completed through a programme of positive care and
assistance.
72.4 Staff shall operate to high
professional and personal standards.
73. Prison authorities shall give high
priority to observance of the rules concerning staff.
74. Particular attention shall be paid to
the management of the relationship between first line prison staff
and the prisoners under their care.
75. Staff shall at all times conduct
themselves and perform their duties in such a manner as to influence
the prisoners by good example and to command their respect.
Selection of prison staff
76. Staff shall be carefully selected,
properly trained, both at the outset and on a continuing basis, paid
as professional workers and have a status that civil society can
respect.
77. When selecting new staff the prison
authorities shall place great emphasis on the need for integrity,
humanity, professional capacity and personal suitability for the
complex work that they will be required to do.
78. Professional prison staff shall normally
be appointed on a permanent basis and have public service status
with security of employment, subject only to good conduct,
efficiency, good physical and mental health and an adequate standard
of education.
79.1 Salaries shall be adequate to attract
and retain suitable staff.
79.2 Benefits and conditions of employment
shall reflect the exacting nature of the work as part of a law
enforcement agency.
80. Whenever it is necessary to employ
part-time staff, these criteria shall apply to them as far as that
is appropriate.
Training of prison staff
81.1 Before entering into duty, staff shall
be given a course of training in their general and specific duties
and be required to pass theoretical and practical tests.
81.2 Management shall ensure that,
throughout their career, all staff maintain and improve their
knowledge and professional capacity by attending courses of
in-service training and development to be organised at suitable
intervals.
81.3 Staff who are to work with specific
groups of prisoners, such as foreign nationals, women, juveniles or
mentally ill prisoners, etc., shall be given specific training for
their specialised work.
81.4 The training of all staff shall include
instruction in the international and regional human rights
instruments and standards, especially the European Convention on
Human Rights and the European Convention for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment, as well as
in the application of the European Prison Rules.
Prison management
82. Personnel shall be selected and
appointed on an equal basis, without discrimination on any ground
such as sex, race, colour, language, religion, political or other
opinion, national or social origin, association with a national
minority, property, birth or other status.
83. The prison authorities shall introduce
systems of organisation and management that:
a. ensure
that prisons are managed to consistently high standards that are in
line with international and regional human rights instruments; and
b.
facilitate good communication between prisons and between the
different categories of staff in individual prisons and proper
co-ordination of all the departments, both inside and outside the
prison, that provide services for prisoners, in particular with
respect to the care and reintegration of prisoners.
84.1 Every prison shall have a director, who
shall be adequately qualified for that post by character,
administrative ability, suitable professional training and
experience.
84.2 Directors shall be appointed on a
full-time basis and shall devote their whole time to their official
duties.
84.3 The prison authorities shall ensure
that every prison is at all times in the full charge of the
director, the deputy director or other authorised official.
84.4 If a director is responsible for more
than one prison there shall always be in addition an official in
charge of each of them.
85. Men and women shall be represented in a
balanced manner on the prison staff.
86. There shall be arrangements for
management to consult with staff as a body on general matters and,
especially, on matters to do with their conditions of employment.
87.1 Arrangements shall be in place to
encourage the best possible communication among management, other
staff, outside agencies and prisoners.
87.2 The director, management and the
majority of the other staff of the prison shall be able to speak the
language of the greatest number of prisoners, or a language
understood by the majority of them.
88. Where privately managed prisons exist,
all the European Prison Rules shall apply.
Specialist staff
89.1 As far as possible, the staff shall
include a sufficient number of specialists such as psychiatrists,
psychologists, social and welfare workers, teachers and vocational,
physical education and sports instructors.
89.2 Wherever possible, suitable part-time
and voluntary workers shall be encouraged to contribute to
activities with prisoners.
Public awareness
90.1 The prison authorities shall
continually inform the public about the purpose of the prison system
and the work carried out by prison staff in order to encourage
better public understanding of the role of the prison in society.
90.2 The prison authorities should encourage
members of the public to volunteer to provide services in prison
where appropriate.
Research and evaluation
91. The prison authorities shall support a
programme of research and evaluation about the purpose of the
prison, its role in a democratic society and the extent to which it
is fulfilling its purpose.
Part VI
Inspection and monitoring
Governmental inspection
92. Prisons shall be inspected regularly by
a governmental agency in order to assess whether they are
administered in accordance with the requirements of national and
international law, and the provisions of these rules.
Independent monitoring
93.1 The conditions of detention and the
treatment of prisoners shall be monitored by an independent body or
bodies whose findings shall be made public.
93.2 Such independent monitoring body or
bodies shall be encouraged to co-operate with those international
agencies that are legally entitled to visit prisons.
Part VII
Untried prisoners
Status as untried prisoners
94.1 For the purposes of these rules,
untried prisoners are prisoners who have been remanded in custody by
a judicial authority prior to trial, conviction or sentence.
94.2 A state may elect to regard prisoners
who have been convicted and sentenced as untried prisoners if their
appeals have not been disposed of finally.
Approach regarding untried prisoners
95.1 The regime for untried prisoners may
not be influenced by the possibility that they may be convicted of a
criminal offence in the future.
95.2 The rules in this part provide
additional safeguards for untried prisoners.
95.3 In dealing with untried prisoners
prison authorities shall be guided by the rules that apply to all
prisoners and allow untried prisoners to participate in various
activities for which these rules provide.
Accommodation
96. As far as possible untried prisoners
shall be given the option of accommodation in single cells, unless
they may benefit from sharing accommodation with other untried
prisoners or unless a court has made a specific order on how a
specific untried prisoner should be accommodated.
Clothing
97.1 Untried prisoners shall be allowed to
wear their own clothing if it is suitable for wearing in prison.
97.2 Untried prisoners who do not have
suitable clothing of their own shall be provided with clothing that
shall not be the same as any uniforms that may be worn by sentenced
prisoners.
Legal advice
98.1 Untried prisoners shall be informed
explicitly of their right to legal advice.
98.2 All necessary facilities shall be
provided to assist untried prisoners to prepare their defence and to
meet with their legal representatives.
Contact with the outside world
99. Unless there is a specific prohibition
for a specified period by a judicial authority in an individual
case, untried prisoners:
a. shall
receive visits and be allowed to communicate with family and other
persons in the same way as convicted prisoners;
b.
may receive additional visits and have additional access to other
forms of communication; and
c.
shall have access to books, newspapers and other news media.
Work
100.1 Untried prisoners shall be offered the
opportunity to work but shall not be required to work.
100.2 If untried prisoners elect to work,
all the provisions of Rule 26 shall apply to them, including those
relating to remuneration.
Access to the regime for sentenced
prisoners
101. If an untried prisoner requests to be
allowed to follow the regime for sentenced prisoners, the prison
authorities shall as far as possible accede to this request.
Part VIII
Objective of the regime for sentenced
prisoners
102.1 In addition to the rules that apply to
all prisoners, the regime for sentenced prisoners shall be designed
to enable them to lead a responsible and crime-free life.
102.2 Imprisonment is by the deprivation of
liberty a punishment in itself and therefore the regime for
sentenced prisoners shall not aggravate the suffering inherent in
imprisonment.
Implementation of the regime for
sentenced prisoners
103.1 The regime for sentenced prisoners
shall commence as soon as someone has been admitted to prison with
the status of a sentenced prisoner, unless it has commenced before.
103.2 As soon as possible after such
admission, reports shall be drawn up for sentenced prisoners about
their personal situations, the proposed sentence plans for each of
them and the strategy for preparation for their release.
103.3 Sentenced prisoners shall be
encouraged to participate in drawing up their individual sentence
plans.
103.4 Such plans shall as far as is
practicable include:
a. work;
b.
education;
c.
other activities; and
d.
preparation for release.
103.5 Social work, medical and psychological
care may also be included in the regimes for sentenced prisoners.
103.6 There shall be a system of prison
leave as an integral part of the overall regime for sentenced
prisoners.
103.7 Prisoners who consent to do so may be
involved in a programme of restorative justice and in making
reparation for their offences.
103.8 Particular attention shall be paid to
providing appropriate sentence plans and regimes for life sentenced
and other long-term prisoners.
Organisational aspects of imprisoning
sentenced prisoners
104.1 As far as possible, and subject to the
requirements of Rule 17, separate prisons or separate sections of a
prison shall be used to facilitate the management of different
regimes for specific categories of prisoners.
104.2 There shall be procedures for
establishing and regularly reviewing individual sentence plans for
prisoners after the consideration of appropriate reports, full
consultations among the relevant staff and with the prisoners
concerned who shall be involved as far as is practicable.
104.3 Such reports shall always include
reports by the staff in direct charge of the prisoner concerned.
Work by sentenced prisoners
105.1 A systematic programme of work shall
seek to contribute to meeting the objective of the regime for
sentenced prisoners.
105.2 Sentenced prisoners who have not
reached the normal retirement age may be required to work, subject
to their physical and mental fitness as determined by the medical
practitioner.
105.3 If sentenced prisoners are required to
work, the conditions of such work shall conform to the standards and
controls which apply in the outside community.
105.4 When sentenced prisoners take part in
education or other programmes during working hours as part of their
planned regime they shall be remunerated as if they had been
working.
105.5 In the case of sentenced prisoners
part of their remuneration or savings from this may be used for
reparative purposes if ordered by a court or if the prisoner
concerned consents.
Education of sentenced prisoners
106.1 A systematic programme of education,
including skills training, with the objective of improving
prisoners’ overall level of education as well as their prospects of
leading a responsible and crime-free life, shall be a key part of
regimes for sentenced prisoners.
106.2 All sentenced prisoners shall be
encouraged to take part in educational and training programmes.
106.3 Educational programmes for sentenced
prisoners shall be tailored to the projected length of their stay in
prison.
Release of sentenced prisoners
107.1 Sentenced prisoners shall be assisted
in good time prior to release by procedures and special programmes
enabling them to make the transition from life in prison to a
law-abiding life in the community.
107.2 In the case of those prisoners with
longer sentences in particular, steps shall be taken to ensure a
gradual return to life in free society.
107.3 This aim may be achieved by a
pre-release programme in prison or by partial or conditional release
under supervision combined with effective social support.
107.4 Prison authorities shall work closely
with services and agencies that supervise and assist released
prisoners to enable all sentenced prisoners to re-establish
themselves in the community, in particular with regard to family
life and employment.
107.5 Representatives of such social
services or agencies shall be afforded all necessary access to the
prison and to prisoners to allow them to assist with preparations
for release and the planning of after-care programmes.
Part IX
Updating the Rules
108. The European Prison Rules shall be
updated regularly.
Note
1
When this recommendation
was adopted, and in application of Article 10.2c of the Rules
of Procedure for the meetings of the Ministers' Deputies, the
Representative of Denmark reserved the right of his government to
comply or not with Rule 43, paragraph 2, of the appendix to the
recommendation because it is of the opinion that the requirement
that prisoners held under solitary confinement be visited by medical
staff on a daily basis raises serious ethical concerns regarding the
possible role of such staff in effectively pronouncing prisoners fit
for further solitary confinement.
