DIRECTORATE GENERAL OF DEMOCRACY DIRECTORATE OF HUMAN RIGHTS AND ANTIDISCRIMINATION MIGRATION CO-ORDINATION DIVISION
The European NPM Newsletter
Issue No 42 43
July - August 2013
Prepared by
Francesca Gordon (Silvia Casale Consultants)
under the aegis of the Migration Co-ordination Division of the Directorate of Human Rights and Antidiscrimination
Directorate General of Democracy (DG II) Council of Europe
2
Table of Contents
1 European NPM Network 4 11 News from the NPMs 4 111 NPM of the Czech Republic 4 112 NPM of Germany 4 113 NPM of Hungary 4 114 NPM of Poland 5 115 Lithuania Seimas Ombudsmanrsquos office 5
2 United Nations 6 21 UN Sub-Commitee on Prevention of Torture (SPT) and OPCAT news 6 211 SPT visits 6 2111 SPT advisory visit to the NPM of Armenia 6 212 Recent OPCAT events 6 213 Forthcoming OPCAT events 6 214 SPT Call for information on reprisals 6 22 UN Committee against Torture (CAT) 7 221 Recent events 7 2211 CAT Committee 50th Session 7 222 Recent CAT Committee examination of country reports 7 2221 Estonia 7 2222 Japan 8 23 UN Special Rapporteur against torture 9 24 UN Jurisprudence 9
3 Council of Europe 10 31 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) 10 32 Council of Europe Commissioner on Human Rights 14 33 Summaries of selected Article 3 cases before the European Court of Human Rights June and July 2013 14
4 European Union and associated bodies 17 41 European Union Agency for Fundamental Rights (FRA) 17
5 News from NGOs amp general updates 17 51 The Association for the Prevention of Torture Geneva (APT) 17 52 Penal Reform International (PRI) 18
6 Immigration detention and monitoring updates 19 61 Council of Europe Immigration Issues 19 611 Migration Co-ordination Division update on work in the field of asylum and immigration 19 62 Council of Europe Parliamentary Assembly (PACE) Migration Committee 19
7 NPM discussion topic No 1 ldquothe monitoring of sobering-up detentionrdquo20 71 Introduction 20 72 Overview of responses from the European NPMs 20
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo 22
81 Introduction 22 82 Overview of NPM responses 23 83 APT Response 26
3
INTRODUCTION
The European NPM Newsletter is a review of information deemed relevant for National Preventive Mechanisms against torture (NPMs)
1 in the Council of Europe region
The publication of the European NPM Newsletter was part of the ldquoEuropean NPM Projectrdquo (2010-2012) which was funded by a joint European Union - Council of Europe Project entitled the ldquoPeer-to-Peer II Projectrdquo with co-funding from the Human Rights Trust Fund
2
Its continuation is now ensured by the Migration Co-ordination Division of the Directorate of Human Rights and Antidiscrimination Directorate General of Democracy (DG II) of the Council of Europe The European NPM Newsletters are prepared by Francesca Gordon of Silvia Casale Consultants London under the aegis of the above-mentioned Council of Europe entity The purpose of the Newsletter is to keep the NPMs aware on an on-going basis of developments regarding their community and thus to nurture an active network of European NPMs Each Newsletter issue covers retrospective news and information about the NPMs of the European NPM Network including updates regarding the establishment the legislative bases and the functioning of NPMs in the Council of Europe region In addition each Newsletter issue presents a thematic discussion considered to be of topical concern for the European NPM Network NPMs are cordially invited to give input in the European NPM Newsletter by sending information they wish to see circulated or by contributing to the discussions in it To do so please contact Francesca Gordon author of the NPM Newsletter at fgordoncescaonlinecom The Newsletter is sent to subscribers electronically by Deacuteborah Lefebvre of the Migration Coordination Division in Strasbourg Should you wish to subscribe or unsubscribe please send an email to deborahlefebvrecoeint The Migration Coordination is responsible for the selection of news items and drafting of case summaries presented in the Newsletter Other contributors are responsible for materials sent in for inclusion in the Newsletter from the European NPM Network The compilers of the Newsletter retain the discretion to make linguistic changes for clarity if necessary Observations and proposals as to the format of the Newsletter are very welcome We hope that you will find this European NPM Newsletter to be of use and interest Markus Jaeger Head of the Migration Co-ordination Division Directorate of Human Rights and Antidiscrimination Directorate General of Democracy (DG II) Council of Europe
1 As foreseen by the Optional Protocol of the UN Convention Against Torture (OPCAT) OPCAT obliges State parties to set up
an NPM within one year of ratification 2 The Human Rights Trust Fund (HRTF) was established in March 2008 as an agreement between the Ministry of Foreign
Affairs of Norway as founding contributor the Council of Europe and the Council of Europe Development Bank Five countries joined Norway in the fund Germany and the Netherlands from the start Finland Switzerland and recently the United Kingdom (Deacuteborah please put address of web site here in brackets)
4
1 European NPM Network
11 News from the NPMs
111 NPM of the Czech Republic
lsquoBetween 2013 and 2014 the Czech NPM (the Public Defender of Rights) focuses its attention on the prevention of ill-treatment in social care institutions providing services to elderly people (particularly those suffering from dementia) In the preparations for the inspections the NPM team together with convened experts determined crucial issues to be observed including nutrition and malnutrition pain control depression and consideration of the specific features of dementia disorder Furthermore it is examined whether an individualrsquos stay in the institution is voluntary and whether his fundamental rights are guaranteed Presently the systematic visits of social care institutions (such as old peoplersquos homes and homes with special regime) are carried out Consequently their results and the recommendations of the Public Defender will be published Nevertheless the whole process is very time-consuming including meeting experts and arranging a conference In order to use the knowledge gained from the systematic visits inform the public as soon as possible and strengthen the preventive effect the Public Defender published a document comprising of generalized extracts of the yet issued reports addressed to particular facilities indicating recurring problems and reasoning of the Public Defender including references to expert resources Providers of social care institutions for elderly people can use this material as guidance for the prevention of ill-treatment Related to the issue of ill-treatment in the social care facilities the Public Defender also observed a problem of poor availability of the social service of this kind During its inspections the Czech NPM has met many old people staying in hospitals due to the lack of social service facilities that would offer them a sufficient care They live in makeshift conditions facing administrative obstacles To make his observations complete the Public Defender analyzed online presentations of old peoplersquos homes established by regions (higher-level territorial administrative units) The analysis proved that public facilities of this kind often deter ldquounwantedldquo seniors (individuals without funding suffering a mental disorder etc) and use unclear selection criteria The activities of the Czech NPM in 2012 are described in a separate chapter of the Public Defenderrsquos Annual Report Releasing of the English version is expected it will be available on the website httpwwwochranceczenreportsreportsrsquo For further details please contact Marie Lukasovaacute at lukasovaochrancecz
112 NPM of Germany
The German version of the 2012 Annual Report of the German NPM is now available The German NPM is working on an English translation For more details or a copy please contact Jan Schneider Nationale Stelle zur Verhuumltung von Folter at janschneiderantifolterstellede Discussions are also underway as to the possible establishment of a Network of German Speaking NPMs For more details please contact Jan Schneider Nationale Stelle zur Verhuumltung von Folter at janschneiderantifolterstellede
113 NPM of Hungary3
Ombudsmanrsquos view on illegal control of a prisonerrsquos letter lsquoA detainee in Balassagyarmat Prison claimed that disciplinary procedure was initiated against him in the institution because in his letter he wrote disrespectful words against a judge at the
3 Designated but in opeartion from 2015 for more details see httpwwwaptchenopcat_pagesnpm-
designation-25
5
Balassagyarmat District Court The Ombudsmans investigation found that pursuant to the decree of the Minister of Justice the letters of detainees addressed to authorities cannot be checked A letter written to the court shall not be read by any prison officers therefore a disciplinary proceeding could have not been initiated against the detainee based on his letter The head of prison might have discovered the obvious infringement and should have terminated the proceeding at first instance However the disciplinary proceeding ended only at second instance by the Deputy Commander The Ombudsman also pointed out that the European Court of Human Rights had previously decided against Hungary because a penitentiary institution checked one prisonerrsquos correspondence with the court in Strasbourg The Commissioner for Fundamental Rights noted that Balassagyarmat Prison had seriously infringed the prisonerrsquos privacy as well as his right for communication Therefore he recommended to the Director General of the Hungarian Prison Service to take actions to prevent similar abuses in the future as well as to avoid checking the prisonersrsquo contacts with the authorities human right defenders or legal representativesrsquo For further details please contact The International Ombudsman Institute | General Secretariat co Austrian Ombudsman Board Singerstrasse 17 A-1015 Vienna PO Box 20 mail ioivolksanwgvat or the Office of the Commissioner for Fundamental Rights Hungary
114 NPM of Poland
The Polish NPM has recently published its annual report for 2012 For further details or a copy please contact Marcin Kusy Office of the Human Rights Defender of the Republic of Poland at mkusybrpogovpl
115 Lithuania Seimas Ombudsmanrsquos office
lsquoOn 16 April upon the nomination of the Speaker the Seimas (Parliament) appointed Augustinas Normantas to investigate activities of officials of state institutions and agencies instead of investigation of activities of officials of municipal institutions and agencies that he has been responsible for since 2005 On 23 April the Seimas appointed Raimondas Šukys a former parliamentarian minister of the interior and health to the position of the Seimas Ombudsman He was nominated by the Speaker of the Seimas Mr Šukys was appointed to investigate activities of officials of municipal institutions and agencies On 25 April a newly appointed Seimas Ombudsman swore an oath in the Parliament On the same day at the secret ballot the Seimas Ombudsman Dr Augustinas Normantas was appointed to the position of the head of the Seimas Ombudsmenrsquos Office [hellip] Following change of the Seimas Ombudsman the institution started to implement organisational-structural and activity-related changes following which a new structure of the Office was approved groups of Advisers to the Seimas Ombudsmen formed distribution of areas of activities performed and a Human Rights Division as a separate administrative unit established Arminas Lydeka the former Chairman of the Seimas Committee on Human Rights was appointed to the position of the head of the newly established Human Rights Division [hellip] Another significant change is that the draft Law amending the Law on the Seimas Ombudsmen which provides for additional functions of the Seimas Ombudsmenrsquos Office that are necessary to become a national human rights institution as well as national preventive mechanism which would perform prevention of torture and other cruel inhuman or degrading treatment or punishment in closed detention institutions under the OPCAT is submitted to the Seimas of the Republic of Lithuania It should be noted that the Seimas Ombudsmenlsquos Office carries out the prevention of torture and other cruel inhuman or degrading treatment or punishment in closed detention institutions even now and also performs to a limited extent the functions attributable to a human rights institution however after the Seimas of the Republic of Lithuania ratifies the Optional Protocol and approves the new wording of the Law on the Seimas Ombudsmen it will be possible to implement these functions to the full extentrsquo For more information contact The International Ombudsman Institute | General Secretariat co Austrian Ombudsman Board Singerstrasse 17 A-1015 Vienna PO Box 20 mail ioivolksanwgvat
6
2 United Nations
21 UN Sub-Commitee on Prevention of Torture (SPT) and OPCAT news
211 SPT visits
2111 SPT advisory visit to the NPM of Armenia
lsquoSPT delegation visits Republic of Armenia to strengthen the national capacity to prevent torture Yerevan 6 September 2013 ndash The United Nations Subcommittee on Prevention of Torture concluded today its first visit to the Republic of Armenia The purpose of the visit which took place from 3 to 6 September 2013 was to provide advice and technical assistance to the Armenian National Preventive Mechanism (NPM) The NPM is the mechanism for the prevention of torture in conformity with article 11 of the Optional Protocol to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment During its visit to Armenia the Subcommittee met with Government officials non-governmental organizations United Nations representatives as well as with the Armenian NPM The Subcommittee devoted most part of its visit to a capacity building exercise of the Armenian NPM through substantive meetings with the Torture and Violence Prevention Division of the Human Rights Defenders Office and the Torture Prevention Expert Council as well as a number of joint visits to places of deprivation of liberty UN experts had the opportunity to assess first-hand the needs and current challenges of this Armenian organ for the prevention of torture and ill-treatment At the conclusion of the visit the head of the delegation stated The SPT held working meetings with State authorities civil society and particularly the Armenian NPM and joined the latter in its visits to several places of detention The SPT recognizes the steps Armenia has made regarding the prevention of torture and will advise on measures necessary to further this task In the adoption of these the SPT remains available to provide the Republic of Armenia and its National Preventive Mechanism all relevant support and advice The Subcommittee will submit separate confidential reports to the Government of the Republic of Armenia and to the Armenian NPM containing its observations and recommendations arising from the visit The SPT delegation to the Republic of Armenia consisted of the following members Ms Mari AMOS (head of the delegation) Mr Miguel SARRE IGUIacuteNIZ and Mr Viacutector MADRIGAL-BORLOZ The delegation was supported by the UN Resident Coordinator and Representative of UNDPrsquo For more information on the mandate of Subcommittee please visit httpwww2ohchrorgenglishbodiescatopcatindexhtm
212 Recent OPCAT events
Norway ratified the OPCAT on 27 June 2013
213 Forthcoming OPCAT events
SPT visit to Peru to be conducted on 10-20 September 2013 SPT 21st session will be held on 11-15 November 2013
214 SPT Call for information on reprisals
The United Nations Subcommittee on Prevention of Torture (SPT) is developing a policy on reprisals The term ldquoreprisalsrdquo is understood to mean those acts or omissions by an authority or
7
official of a State Party visited whereby the aforementioned authority or official carries out permits or tolerates ldquoany sanction against any person or organization for having communicated to the Subcommittee on Prevention or to its delegates any information whether true or false and no such person or organization shall be otherwise prejudiced in any wayrdquo (Article 15 of the Optional Protocol to the Convention against Torture- OPCAT) The SPT is therefore calling for written contributions to assist its reflections on reprisals Submissions should be provided within 2 months ie by 30 August 2013 at the following e-mail address opcatohchrorg
22 UN Committee against Torture (CAT)
221 Recent events
2211 CAT Committee 50th Session
The CAT Committee held the 50th session from 6 May to 31 May 2013 and adopts Concluding Observations on Reports of Bolivia Estonia Guatemala Japan Kenya Mauritania the Netherlands and the United Kingdom lsquoThe Committee against Torture today concluded its fiftieth session after adopting its concluding observations and recommendations on the reports on the implementation of the provisions of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment in Bolivia Estonia Guatemala Japan Kenya Mauritania the Netherlands and the United Kingdom The Committeersquos concluding observations and recommendations on the country reports will be available on the website of the Office of the High Commissioner for Human Rights this afternoon In its concluding meeting the Committee also adopted on its annual report to the United Nations General Assembly orally presented by Nora Sveaass Committee Rapporteur and its programme of work for future sessions In addition to the consideration of country reports during this session the Committee marked its twenty-fifth anniversary by holding two panel discussions on 7 May focused on the identification of its main achievements and challenges and on the obligations of States parties with regards to redress for victims of torture in light of the Committeersquos General Comment 3 on Article 14 of the Convention against Torture The Committee also met with the Subcommittee on the Prevention of Torture to discuss areas of collaboration between the two bodies and its President Malcolm Evans presented the Subcommitteersquos annual report The Committee also held a meeting with States parties to exchange views on the activities of the Committee and developments in its methods of work In a meeting with non-governmental organizations the Committee discussed ways to enhance cooperation in the implementation of the Convention In closed meetings the Committee also considered information appearing to contain well-founded indications that torture was systematically practised in some States parties and met separately with the delegation of Romania to discuss a delay in the entry into force of the Optional Protocol to the Convention and the establishment of its national preventive mechanism The next session of the Committee against Torture will be held from 28 October to 22 November 2013 during which it will review the reports of Andorra Belgium Burkina Faso Kyrgyzstan Latvia Mozambique Poland Portugal and Uzbekistanrsquo The programme and reports are available at httptbinternetohchrorg_layoutsTreatyBodyExternalSessionDetails1aspxSessionID=790ampLang=en
222 Recent CAT Committee examination of country reports
2221 Estonia
lsquoThe Committee against Torture today concluded its consideration of the fifth periodic report of Estonia on how it implements the provisions of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Introducing the report Margus Sarapuu Secretary-General of the Ministry of Justice of Estonia said that the 2011 amendments to the Criminal Procedure Code expedited judicial proceedings while the
8
Guidelines for the Development of Criminal Policy until 2018 adopted by Parliament provided for expedited pre-trial procedures in criminal matters regarding minors Further amendments of the Code of Misdemeanour Procedure would be implemented in order to increase its expedition and efficiency lessen bureaucracy and enhance the fundamental rights of persons The revision of the Penal Code was currently being undertaken and a section on domestic violence was added in the draft Trafficking in human beings had been criminalized in April 2012 and its definition was fully aligned to the United Nations Palermo Protocol Committee Experts commended Estonia for the measures it had taken to reduce the length of criminal proceedings and address prison overcrowding domestic violence and trafficking in persons They inquired about the amendment of the Penal Code and the progress in aligning the definition of torture with the Convention against Torture the ratification of the Optional Protocol and establishment of the national preventive mechanism and about the investigation of past crimes of torture and ill treatment and holding perpetrators accountable Other issues included detainee complaints received by the Chancellor of Justice and how those and complaints about poor conditions in punishment cells in prisons and in the immigrants expulsion centres were addressed treatment of asylum seekers penalties meted out to those convicted of human trafficking and help provided to their victims Responding to the questions and comments raised by the Committee members yesterday 22 May and today the delegation said that the ongoing revision of the Penal Code would bring the definition of torture in line with article 1 of the Convention against Torture this draft law together with the revised Code of Misdemeanour Procedures aimed at making the procedure more clear and the new Child Protection Act criminalizing all forms of corporal punishment against children would be presented to Parliament by the end of the year Screening procedures for asylum applicants were conducted under the international protection procedure regulated by the Act on Granting International Protection to Aliens the requirements for the determination of refugee status set in the legislation met those of the 1951 Convention relating to the Status of Refugees and the Dublin regulations Estonia still did not have an accredited national human rights institution but those functions were performed by the Chancellor of Justice The delegation of Estonia consisted of representatives from the Ministry of Justice Ministry of the Interior and the Permanent Mission of Estonia to the United Nations Office at Geneva The next public meeting of the Committee will be at 10 am on Friday 31 May when it will adopt its concluding observations and recommendations on the country reports considered during the session and then conclude the sessionrsquo The fifth periodic report of Estonia can be read via the following link httpwww2ohchrorgenglishbodiescatdocsCATCEST5_epdf For more information please see httpwwwohchrorgenNewsEventsPagesDisplayNewsaspxNewsID=13349ampLangID=E
2222 Japan
lsquoThe Committee against Torture today concluded its consideration of the second periodic report of Japan on how it implements the provisions of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Introducing the report Hideaki Ueda Ambassador in charge of Human Rights and Humanitarian Affairs at the Ministry of Foreign Affairs of Japan said that Japan had taken steps and measures to ensure appropriate interrogation and examination procedures both by prosecutors and police officers In 2009 it established an expert committee to ensure transparency of the treatment and improve management at immigration detention facilities Japan became a State party to the Rome Statute in 2007 which was a clear demonstration of its resolve to end impunity for the perpetrators of the most serious crimes of concern to the international community including torture In December 2009 the Action Plan to Combat Trafficking in Persons had been adopted which promoted coordinated measures of prevention elimination and protection by relevant ministries and agencies Committee Experts were concerned about the terminology in the Japanese legislation regarding torture and wondered whether it covered the whole range of acts of torture and cruel inhuman or degrading treatment or punishment Experts noted that Japan had increased the capacity of prisons and wished to hear more about steps to address overcrowding and living conditions in places of
9
detention particularly in womenrsquos prisons Inmates on death row spent a long time waiting for the execution which would then often be carried out without much prior warning Committee Experts also spoke about solitary confinement in prisons spousal violence and violence against women incidence of trafficking in human beings and data on investigations and prosecutions the complaints system for women victims of violence and steps to deal with impunity for crimes committed during World War II prosecute those responsible and provide compensation to victims Responding to questions and comments raised by the Committee members yesterday 21 May and today the delegation said that there was an absolute constitutional prohibition of infliction of torture and cruel punishment by public officials and confessions extracted under compulsion torture or a prolonged period of detention were not admissible in courts In April 2008 the Public Prosecutionrsquos office had announced a policy to ensure appropriate interrogation including the right of a suspect to a counsel all those who could not afford one and were charged with serious crimes were provided with a counsel paid for by the State The notification of the execution of capital punishment was done shortly before the execution itself to avoid inflicting mental pain and families were informed immediately upon the execution The number of detainees in prisons was on the decline which contributed to reducing overcrowding and Japan would continue to undertake measures to further reduce it and improve living conditions in prison facilitiesrsquo The second periodic report of Japan can be read via the following link httpwww2ohchrorgenglishbodiescatdocsCATCJPN2_enpdf
23 UN Special Rapporteur against torture
lsquoThe United Nations Special Rapporteur against torture and other cruel inhuman and degrading treatment or punishment Juan E Meacutendez has recently published his latest thematic report on the revision of the Standard Minimum Rules for the Treatment of Prisoners (SMRs) The report will be presented during the 68th session of the United Nations General Assembly on 22 October 2013 and represents a significant contribution to the ongoing review process of the SMRs coordinated by the UN Office of Drug Control and Crime Prevention (UNODC) with the active participation of many States and civil society organizations For the preparation of the report the Special Rapporteur held an expert meeting in Oxford UK on 10 July 2013 on ldquothe review of the UN Standard Minimum Rules for the Treatment of Prisonersrdquo co-organized by the OHCHR the American University Washington College of Lawrsquos Center for Human Rights and Humanitarian Lawrsquos Anti-Torture Initiative and the Institute of Human Rights for Future Generations University of Oxford The review process is intended to reflect critical developments in international human rights law since the 1957 adoption of the SMRs and to enhance the ability of the SMRs to serve as a useful tool for States and civil society to protect and uphold the rights of persons deprived of their liberty In contributing to this process the report reflects on several areas targeted for reviews and analyzes their interplay with the international prohibition of torture and ill-treatment through the identification of the procedural standards and safeguards that States are obliged to implement to all situations of deprivation of liberty In this sense the report highlights the importance of including an explicit condemnation of torture and ill-treatment in accordance with Art 4 of the Convention against Torture and of considering the principle of humane treatment and respect for inherent dignity as the starting point for any consideration regarding policy making related to persons deprived of liberty In this regard the report sets specific standards regarding pre-trial detention access to counsel and appropriate medical assistance the limits on the use of solitary confinement and the safeguards States must implement during disciplinary procedures and punishments In particular the report highlights the importance of establishing independent complaint and oversight mechanisms such as National Preventive Mechanisms in accordance with the Optional Protocol to the Convention against Torture as a necessary tool to combat and prevent impunityrsquo
24 UN Jurisprudence
Latest Jurisprudence of UN Treaty Bodies is now available The cases law adopted at the last session of the HRC CERD CEDAW and CRPD are available on-line in the six UN official languages In order to ease access to the jurisprudence on individual cases additional information is now available such as the articles invoked the subject matter the procedural issues and the outcome bull Latest jurisprudence adopted by the treaty bodies
10
Human Rights Committee httpwww2ohchrorgenglishbodieshrcHRCommitteeCaseLawhtm Committee on the Elimination of Racial Discrimination httpwww2ohchrorgenglishbodiescerdjurisprudencehtm Committee on the Elimination of Discrimination against Women httpwww2ohchrorgenglishlawjurisprudencehtm Committee on the Rights of Persons with Disabilities httpwwwohchrorgENHRBodiesCRPDPagesJurisprudenceaspx Committee against Torture (soon in the new format) httpwww2ohchrorgenglishbodiescatjurisprudencehtm
3 Council of Europe
31 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
lsquoCouncil of Europe anti-torture Committee publishes report on Latvia Strasbourg 27082013 ndash The CPT has published today the report on its visit to Latvia carried out in September 2011 The report has been made public at the request of the Latvian authorities together with their responses In the course of the 2011 visit the CPTrsquos delegation received a number of allegations from detained persons of physical ill-treatment by the police (consisting mainly of punches kicks and inappropriate use of truncheons) at the time of apprehension and during questioning Some of these allegations were corroborated by the delegationrsquos own medical observations and other medical evidence The CPT concludes in the report that persons in police custody continue to face a certain degree of risk of being subjected to ill-treatment and calls on the Latvian authorities to exercise constant vigilance in this area As regards conditions of detention in police establishments the Committee emphasises that the conditions in some of the detention facilities visited were so poor that they could be considered as amounting to inhuman and degrading treatment In their response the Latvian authorities refer to training and education programmes offered to police officers on various subjects including the prohibition of torture and inhuman or degrading treatment interrogation techniques and the use of physical force special means and weapons Information is also provided on measures taken to improve material conditions in several police detention facilities As regards the situation in prisons the vast majority of prisoners interviewed made no allegations of physical ill-treatment by staff nevertheless some allegations were received in particular at Jelgava Prison It transpired that inter-prisoner violence was a problem in all the establishments visited in the Committeersquos view certain factors contributed to this phenomenon including large-capacity accommodation units cramped conditions in multi-occupancy cells (and consequential stress among prisoners) limited possibilities for most prisoners to occupy themselves and insufficient staffing levels As for the provision of health care to prisoners a number of major shortcomings (eg insufficient health-care staff severe shortage of medication problematic access to specialist care etc) were observed with many inmates being denied effective health care Particular attention is paid in the report to the situation of life-sentenced prisoners The CPT commends the steps taken by the Latvian authorities to improve material conditions of detention for this category of inmates and to develop a regime of activities for life-sentenced prisoners on the medium and high regime levels However the regime applied to life-sentenced prisoners on the low regime level (about 65 percent of all such prisoners) remains very impoverished the vast majority of them being confined to their cells for up to 23 hours per day Further the Committee stresses once again that it can see no justification for the systematic handcuffing of almost all life-sentenced prisoners whenever they were escorted inside the prison it calls upon the Latvian authorities to carry out a proper individual risk assessment in respect of these prisoners with a view to adjusting the security measures applied to them accordingly In their response the Latvian authorities provide information on the measures they have taken or intend to take in order to address the recommendations made by the CPT on the issues described above The report also examines the treatment and living conditions of patients at a psychiatric clinic and of residents at a social care home as well as the legal safeguards in the context of admission procedures The CPTrsquos visit report and the responses of the Latvian authorities are available on the Committees website wwwcptcoeint
11
Council of Europe anti-torture Committee publishes the Dutch Governments response to the report on the 2011 visit Strasbourg - 21082013 - The CPT has published today the response of the Dutch Government to the report on the CPTs most recent visit to the Netherlands in October 2011 The response has already been made public by the Dutch authorities The CPTs report on the 2011 visit to the Netherlands was published in August 2012 The response is available on the Committeersquos website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Georgia Strasbourg 31072013 ndash The CPT has published today the report on its November 2012 ad hoc visit to Georgia together with the Georgian authoritiesrsquo response High-level talks held during the CPTrsquos visit mainly focused on the effectiveness of criminal investigations launched following the publication on 18 September 2012 of video material containing scenes of apparent serious ill-treatment of prisoners by staff in certain penitentiary establishments The legislative administrative and other steps being taken (and planned) by the Georgian authorities in respect of the countryrsquos prison system were also discussed In its report the CPT welcomes the wide-scale prison amnesty while stressing that the problems of prison overcrowding and prison population inflation cannot be addressed in a comprehensive and lasting way through the use of such exceptional measures a strategy for the sustainable reduction of the prison population should include a variety of steps to ensure that imprisonment really is the measure of last resort The CPT has also made several recommendations concerning the two prisons visited by the delegation (in Gldani and Kutaisi) and on other issues related with the prison system especially the prison health-care services In their response the Georgian authorities provide information on the progress and outcome of the above-mentioned criminal investigations as well as on measures being taken to reform the Georgian prison system Those measures include steps to further reduce the prison population renovate existing prisons and build new establishments develop the programmes of activities for both sentenced and remand prisoners and improve prison staff training The response also contains information on the Strategy and Action Plan for Prison Health-care Reform for the period 2013 ndash 2014 The CPTrsquos report and the response have been published at the request of the Georgian authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee visits the Russian Federation Strasbourg 23072013 ndash A delegation of the CPT carried out an ad hoc visit to the Russian Federation from 9 to 19 July 2013 The main objective of the visit was to review the implementation of recommendations made after previous visits regarding the treatment of persons deprived of their liberty by law enforcement agencies For this purpose the delegation interviewed numerous detained persons who had recently been or were still in the custody of the police or other law enforcement agencies it also examined relevant documentation including investigation files concerning complaints about ill-treatment by staff of those agencies In the course of the visit the delegation held consultations with Alexandr GOROVOY First Deputy Minister of Internal Affairs and Maxim TRAVNIKOV Deputy Minister of Justice as well as with other senior officials of the above-mentioned Ministries at both the federal and regional level Meetings were also held with senior officials of the Federal Service for the Execution of Punishments (FSIN) and the Federal Drug Control Service (FSKN) Further in Moscow and in most of the regions visited the delegation met senior officials of the Investigative Committee of the Russian Federation The delegation visited the following places of deprivation of liberty Police establishments Republic of Bashkortostan - Temporary Detention Centre (IVS) of the City Internal Affairs Department Ufa - IVS at the Police Division No 5 Ufa - Police Divisions Nos 1 4 6 and 7 Ufa - Blagoveshchensk District Internal Affairs Department Novosibirsk Region - IVS of the City Internal Affairs Department Novosibirsk - Police Divisions Nos 2 4 and 7 Novosibirsk Omsk Region - IVS of the City Internal Affairs Department Omsk - Police Divisions Nos 2 and 9 Omsk - Division of the Ministry of Internal Affairs for Omsk City District - Special Reception Centre for Persons under Administrative Arrest Omsk
12
Sverdlovsk Region - IVS of the City Internal Affairs Department Yekaterinburg - Police Divisions Nos 1 4 5 14 and 15 Yekaterinburg Federal Drug Control Service establishments - FSKN Directorate for Omsk Region Omsk - FSKN Directorate for Sverdlovsk Region Yekaterinburg The delegation also carried out interviews of newly-arrived remand prisoners in the following establishments under the Ministry of Justicersquos Federal Service for the Execution of Punishments - Pre-trial establishment (SIZO) No 1 Novosibirsk - SIZO No 1 Omsk
- SIZO No 1 Ufa SIZO No 1 Yekaterinburg Council of Europe anti-torture Committee publishes report on Slovenia Strasbourg 19072013 - The CPT has published today the report on its JanuaryFebruary 2012 visit to Slovenia The report has been made public at the request of the Slovenian authorities together with their response In the course of the visit the Committeersquos delegation examined the treatment and conditions of detention of persons held in police facilities prisons and psychiatric establishments The CPT received only a few isolated allegations of police ill-treatment they concerned excessive use of force in the context of apprehension and threats of physical ill-treatment during police questioning The material conditions of detention in police facilities were on the whole satisfactory As regards the prison system the CPT acknowledges the efforts made by the Slovenian authorities to increase the capacity of the prison estate however overcrowding continued to be a problem in some prisons In other aspects the material conditions of detention were generally adequate The Committee gained a particularly positive impression of the two newly-opened blocks at Dob Prison Particular attention is paid in the report to the regime of activities provided to inmates In this respect the Committee expresses concern about the situation of remand prisoners at Celje and Ljubljana Prisons as well as of prisoners held under the reinforced security regime at Celje and Dob Prisons The majority of these inmates spent most of the day locked-up in their cells with little to occupy themselves In their response the Slovenian authorities assure the Committee that efforts will be made to improve the existing arrangements By way of example in the second half of 2012 the regime for remand prisoners at Ljubljana Prison was relaxed so that now the inmates concerned may spend four hours a day on weekdays out of their cells With respect to psychiatry the CPT welcomes the adoption in July 2008 of the new Mental Health Act which inter alia reinforces the legal protection of patients in psychiatricsocial care institutions At Maribor Psychiatric Department the overwhelming majority of patients interviewed by the CPTrsquos delegation indicated that hospital staff had a caring attitude towards them However the delegation received a few allegations of physical ill-treatment of patients by nursing staff shortly after having been fixated to a bed The CPT also expresses misgivings about the fact that mechanical restraint was not always applied as a measure of last resort and that patients were on occasion subjected to fixation for prolonged periods In their response the Slovenian authorities state that a clear message has been delivered to nursing staff that no ill-treatment whatsoever of patients will be tolerated and that special training is being provided in handling aggressive andor agitated patients The CPTs report and the Slovenian authoritiesrsquo response are available on the Committees website httpwwwcptcoeint Forced return flights from the UK the European anti-torture committee publishes its first report Strasbourg 18072013 - The CPT publishes today its first report on an operation of deportation of foreign nationals by air The monitoring took place in the context of an ad hoc visit to the United Kingdom from 22 to 24 October 2012 and involved the presence of a CPT delegation on a charter flight between London and Colombo (Sri Lanka) In its report the CPT concludes that ldquoeach stage of the preparation of the removal process was carefully planned and organised staff were well briefed and every effort was made for the removal to be carried out in a humane wayrdquo However the CPT makes several recommendations and comments concerning both the preparation and execution phases of such operations The main issues raised concern the use of restraint by escort staff the presence of a medical doctor (instead of a paramedic or a nurse) on
13
board removal charter flights and the need for a ldquofit to fly certificaterdquo for persons to be deported In particular the CPT recommends that efforts be made for the revised training package for overseas escorts to be accredited and implemented at the earliest opportunity In their response the UK authorities indicate that an Independent Advisory Panel on Non-Compliance Management has been recruited to assess the quality and safety of the recently revised training package developed by the National Offender Management Service As regards the presence of a medical doctor on board the authorities indicate that ldquowhere indicated by risk assessment and where appropriate a doctor will be providedrdquo On the subject of the delivery of a ldquofit to fly certificaterdquo the authorities indicate that they do not consider it necessary ldquoto positively assert in all cases that a person is fit to fly based on the reasonable assumption that this will be the case in the vast majority of instancesrdquo Other important recommendations related to the presence of interpreters throughout the whole removal process (including on board the aircraft) as well as the provision of psychological support and counselling to better prepare the persons to be deported for their removal Recommendations are also made concerning the recruitment procedure of escort staff (which should include some form of psychological assessment) as well as the measures to be taken to avoid professional exhaustion syndrome and the risks related to routine and to ensure that escort staff maintain a certain emotional distance from the operational activities in which they are involved The CPT regrets that the Sri Lankan authorities did not allow its delegation to observe the hand-over of the returned detainees to local immigration staff The Committee invites the UK authorities to expressly address the issue of the role of monitoring bodies in readmission
agreements
The CPTs visit report and the response of the United Kingdom authorities are available on the Committees website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Malta Strasbourg 04072013 ndash The CPT has published today the report on its September 2011 visit to Malta together with the Maltese authoritiesrsquo response The visit mainly focused on Corradino Correctional Facility the only prison in Malta In certain parts of the prison material conditions of detention had significantly improved since the CPTrsquos previous visit in 2008 However major shortcomings were found once again in several other areas of the establishment (in particular as regards the state of repair of cells and access to natural light) The situation was further exacerbated by the prevailing overcrowding and the lack of organised activities for many prisoners The CPT has recommended in particular that a comprehensive plan to renovate the entire prison be drawn up as soon as possible The CPT also carried out follow-up visits to Lyster and Safi Barracks the only two detention centres for foreigners which were operational at the time of the visit In its report the Committee expresses concern about the frequency and seriousness of allegations received from foreign nationals about the force used by soldiers and police officers in the context of disturbances which had occurred in August 2011 at the Safi Detention Centre it has recommended that a comprehensive inquiry by an independent body be carried out into this matter At the Lyster Detention Centre the CPT observed improvements both in terms of material conditions and activities provided to foreign nationals However the conditions under which foreign nationals were being held in the two Warehouses at Safi Barracks remained very poor Further in both detention centres the health-care services were clearly insufficient Following a brief visit to Mount Carmel Psychiatric Hospital the CPT has expressed serious misgivings about the manner in which agitated or suicidal patients had on occasion been managed It has also made a number of specific recommendations to improve living conditions in the Forensic Ward and the Ward for Irregular Migrants In their response the Maltese authorities provide information on the action taken to address the recommendations made by the Committee on the issues described above
The CPTrsquos report and the response have been published at the request of the Maltese authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee publishes the Danish Governments response to the report on the visit to Greenland (September 2012) Strasbourg 03072013 - The CPT has published today the response of the Danish Government to the report on the Committeersquos ad hoc visit to Greenland in September 2012 The response has been made public at the request of the Danish authorities In its response the Danish Government provides information on the measures taken in the light of the recommendations made by the CPTrsquo
14
The CPTrsquos report on its visit to Greenland was made public in January 2013 The response is available on the Committees website wwwcptcoeint
32 Council of Europe Commissioner on Human Rights
lsquoTurkey police violence must not go unpunished Strasbourg 872013 - ldquoAll instances of excessive use of force by the police must be fully investigated and adequately punishedrdquo said Nils Muižnieks the Council of Europe Commissioner for Human Rights at the end of a five day visit to Istanbul and Ankara during which he discussed the Gezi Park events and other human rights issues The Commissioner recalled that according to the case-law of the European Court of Human Rights the failure to effectively investigate the misconduct of security forces was a human rights violation in itself and that Turkey had been condemned on numerous occasions by the Court precisely for this reason The Commissioner had received serious allegations of human rights violations committed by law enforcement forces against demonstrators backed up by witness accounts photos videos forensic evidence as well as the number of deaths and injuries over the course of the events Most of these reports concerned excessive and improper use of tear gas and ill-treatment by police at the time of apprehension On the other hand members of the government and security forces considered that the use of force had been proportionate in view of the actions of marginal groups hijacking the demonstrations except for isolated incidents which are under investigation [hellip] The Commissioner also noted that members of certain professional groups such as doctors lawyers academics teachers media professionals expressed fear of intimidation as well as of administrative and judicial measures against them as a result of their non-violent actions during the protests The Commissioner urged the Turkish authorities to allay these fears as a matter of urgency and to ensure that any perception of reprisals is averted The Commissioner also stated that there were certain shortcomings both in the Turkish legislation concerning the right to assembly and the role of law enforcement and its application by the competent authorities ldquoThe legislation and practice puts too much emphasis on the lawfulness of demonstrations as opposed to their peacefulness contrary to the European Convention on Human Rightsrdquo stated the Commissioner adding that the overwhelming majority of demonstrators in the Gezi Park events given the total participation of 25 million had thankfully been peaceful [hellip] The Commissioner also referred to his meetings with the newly established Ombudsman Office and the Turkish Human Rights Institution stating that the latest events provided a unique opportunity for these institutions to establish their credibility in the eyes of the Turkish public He stressed that citizens with grievances should also use the Ombudsman Office for redress including for actions of the security forces during demonstrationsrsquo The Commissionerrsquos report on his visit is forthcoming Press contact in the Commissionerrsquos Office Stefano Montanari stefanomontanaricoeint
33 Summaries of selected Article 3 cases before the European Court of Human Rights June and July 2013
AGAM DNM MKH MYH AND OTHERS NANS NMB NMY AND OTHERS SA V SWEDEN (NOS 7168010 2837911 7241310 5085910 6841110 6833510 7268610 6652310)
httphudocechrcoeintsitesengPagessearchaspxfulltext[AGAMDNMMKHMYH20AND20OTHERS]documentcollectionid2[GRANDCHAMBERCHAMBER]itemid[001-121571] 27 June 2013 ndash No violation of Article 2 and or Article 3 ndash No evidence to confirm that the
applicants would be exposed to a real risk of inhuman or degrading treatment or of becoming victims of honour-related crimes in the event of extradition in southern of central Iraq (for the applicants in the cases DNM and SA) or in Kurdistan (for the applicants in the other six cases)
15
All eight cases concerned the deportation of failed asylum-seekers originally from Baghdad Mosul and Kirkuk to Iraq The applicants in the cases DNM and SA alleged that if they were to be removed to Iraq they would be at risk of becoming victims of honour-related crimes due to their relations with women whom were disproved by their families while the other six applicants alleged that they would be at risk of persecution if deported to Iraq due to being Christian a religious minority in the country The Court noted that each of the applicantsrsquo claims had been examined and rejected by the Migration Board and the Migration Court particularly because the incidents of which the applicants were victim were mostly related to general security in Iraq at the time and that the applicants were not in need of asylum in Sweden since a number of years had since passed and the level of violence had thus declined The Court took into consideration the current national and international reports available and the gradual improvement that had been made Despite the applicantsrsquo personal circumstances (cases DNM and SA) and that their belonging to a vulnerable minority (the other six cases) would risk their lives and or facilitate inhuman or degrading treatment if removed the Court held that all ten applicants could relocate to other regions in Iraq such as Kurdistan in the north (concerning the six other cases) or to southern and central Iraq (cases DNM and SA) Therefore there would be no violation of Articles 2 and 3 of the Convention if the applicants were removed in southern or central Iraq or in Kurdistan
Horshill v Greece (application no7042711) httphudocechrcoeintsitesengPagessearchaspxfulltext[Horshill]languageisocode[FRA]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122973]
Detention of an asylum seeker in Greek police stations found to be degrading treatment incompatible with Article 3 of the Convention
In the Chamber judgment in the case of Horshill v Greece (application no7042711) the European Court of Human Rights held unanimously that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights The case concerned the placement in detention of Ismail Alfateh Horshill and the conditions in which he was detained The applicant a foreign national who was due to be deported was held successively for fifteen days in two police stations after having applied for asylum Pursuant to a decree transposing a directive from the Council of the European Union into national law Ismail Alfateh Horshill who had no travel documents was placed in detention by the Greek authorities Noting that the applicant had been released from detention after a short period of two weeks the Court considered that his detention had not been arbitrary and that it could not be concluded that it had not been ldquolawfulrdquo within the meaning of Article 5 sect 1 (f) of the Convention
Vinter and Others v United Kingdom - 6606909 13010 and 389610 Judgment 972013 [Grand Chamber]
httphudocechrcoeintsitesengPagessearchaspxfulltext[vinter]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122664] Article 3 The Grand Chamber agreed with and endorsed the Chamberrsquos finding that a grossly disproportionate sentence would violate Article 3 of the Convention although that test would be met only on rare and unique occasions In the instant case the applicants had not sought to argue that their whole life orders were grossly disproportionate instead they submitted that the absence of an in-built procedural requirement for a review constituted ill-treatment not only as the Chamber had found when there ceased to be legitimate penological grounds to justify continued detention but from the moment the order was made The Court reiterated that Contracting States must be allowed a margin of appreciation in deciding on the appropriate length of prison sentences for particular crimes and must remain free to impose life sentences on adult offenders for especially serious crimes However the imposition of an irreducible life sentence on an adult could raise an issue under Article 3 In determining whether a life sentence in a given case could be regarded as irreducible the Court would seek to ascertain whether the prisoner could be said to have any prospect of release Where national law afforded the possibility of review of a life sentence with a view to its
16
commutation remission termination or the conditional release of the prisoner that would be sufficient to satisfy Article 3 There were a number of reasons why for a life sentence to remain compatible with Article 3 there had to be both a prospect of release and a possibility of review Firstly it was axiomatic that a prisoner could not be detained unless there were legitimate penological grounds for that detention The balance between the justifications for detention was not necessarily static and could shift in the course of the sentence It was only by carrying out a review at an appropriate point in the sentence that these factors or shifts could be properly evaluated Secondly incarceration without any prospect of release or review carried the risk that the prisoner would never be able to atone for his offence whatever he did in prison and however exceptional his progress towards rehabilitation Thirdly it would be incompatible with human dignity for the State forcefully to deprive a person of his freedom without at least providing him with the chance to someday regain that freedom Moreover there was now clear support in European and international law for the principle that all prisoners including those serving life sentences should be offered the possibility of rehabilitation and the prospect of release if rehabilitation was achieved Accordingly Article 3 had to be interpreted as requiring reducibility of life sentences in the sense of a review allowing the domestic authorities to consider whether any changes in the life prisoner are so significant and such progress towards rehabilitation has been made in the course of the sentence as to mean that continued detention can no longer be justified on legitimate penological grounds While it was not the Courtrsquos task to prescribe the form (executive or judicial) which that review should take or to determine when it should take place the comparative and international law materials before it showed clear support for the institution of a dedicated mechanism guaranteeing a review no later than twenty-five years after the imposition of a life sentence with further periodic reviews thereafter A whole life sentence would not measure up to the standards of Article 3 where the domestic law did not provide for the possibility of such a review Lastly although the requisite review was a prospective event necessarily subsequent to the passing of the sentence a whole life prisoner should not be obliged to wait and serve an indeterminate number of years of his sentence before he could raise the complaint that the legal conditions attaching to his sentence failed to comply with the requirements of Article 3 Whole life prisoners were entitled to know at the outset of their sentence what they must do to be considered for release and under what conditions including when a review of their sentence will take place or may be sought Consequently where domestic law did not provide any mechanism or possibility for review of a whole life sentence the incompatibility with Article 3 on this ground already arose when the whole life sentence was imposed and not at a later stage of incarceration The Government had argued before the Court that the aim of the 2003 Act was to remove the executive from the decision-making process concerning life sentences and this was the reason for abolishing the 25-year review by the Home Secretary which had existed beforehand However the Court considered that it would have been more consistent with the legislative aim to provide that the 25-year review would be conducted within a judicial frame- work rather than completely eliminated The Court also found that the current law concerning the prospect of release of life prisoners in England and Wales was unclear Although section 30 of the 1997 Act gave the Justice Secretary the power to release any prisoner including one serving a whole life order the relevant Prison Service Order provided that release would only be ordered if a prisoner was terminally ill or physically incapacitated These were highly restrictive conditions and in the Courtrsquos view compassionate release of this kind would not be what was meant by a ldquoprospect of releaserdquo in Kafkaris In light therefore of this contrast between the broad wording of section 30 and the exhaustive conditions announced in the Prison Service Order as well as the absence of any dedicated review mechanism for whole life orders the Court was not persuaded that at the present time the applicantsrsquo life sentences could be regarded as reducible for the purposes of Article 3 The requirements of that provision had not therefore been met in relation to any of the three applicants The Court emphasised however that the finding of a violation in the applicantsrsquo cases should not be understood as giving them any prospect of imminent release Whether or not they should be released would depend for example on whether there were still legitimate penological grounds for their continued detention and whether they should continue to be detained on grounds of dangerous- ness These questions were not in issue in this case and were not the subject of argument before the Court Conclusion violation (sixteen votes to one) Article 41 Finding of a violation constituted sufficient just satisfaction for any non-pecuniary damage sustained by the first applicant No claim made by the other applicants
17
4 European Union and associated bodies
41 European Union Agency for Fundamental Rights (FRA)
June 2013 the European Court of Human Rights (ECtHR) and the European Union Agency for Fundamental Rights (FRA) published a joint Handbook on European law relating to asylum borders and immigration on 11 June lsquoIt examines the relevant law in the field of asylum borders and immigration stemming from both European systems the European Union and the Council of Europe It provides an accessible guide to the various European standards relevant to asylum borders and immigration The handbook is the second joint publication of this kind following a first handbook on non-discrimination issued in 2011 It is based on the case law of the European Court of Human Rights and the European Court of Justice as well as on the relevant EU regulations and directives It is also a first point of reference on the European Social Charter (ESC) and other instruments of the Council of Europe It is designed to assist legal practitioners at national and European level including lawyers judges prosecutors border guards immigration officials and others working with national authorities as well as non-governmental organisations and other bodies that may be confronted with legal questions in any of the areas the handbook sets out to coverrsquo The handbook is available at httpfraeuropaeusitesdefaultfileshandbook-law-asylum-migration-borders_enpdf
5 News from NGOs amp general updates
51 The Association for the Prevention of Torture Geneva (APT)
lsquoRights within the EU What role for European Institutions Monday September 16 2013 ldquoThe Treaties of the European Union state that the EU is founded on the value of respect for human rightsrdquo However much remains to be done for EU institutions to properly address gross human rights violations within the EU particularly the Council of the European Union This is the message that members of the Human Rights and Democracy Network which the APT is part of have sent to the representatives of all key EU institutions The letter singles out the EU Council Working Party on Fundamental Rights and Free Movement of Persons (FREMP) which has ldquobeen largely confined to negotiating the EU accession to the European Convention on Human Rightsrdquo rather than seeking to address serious human rights abuses within the European Union The letter concludes with a set of practical and constructive recommendations to the main EU institutions including the Council Commission Parliament and the Fundamental Rights Agency including strengthening the mandate of the latter The APT supports these recommendations and calls on remaining EU states that have not yet done so to ratify the Optional Protocol to the UN Convention against Torture (OPCAT) Presently 7 members of the EU (Belgium Finland Greece Ireland Latvia Lithuania and Slovakia) are not party to this innovative treaty The APT also calls on EU states that have established or designated National Preventive Mechanisms under the OPCAT to provide them with the necessary independence and resources as well as engaging in a constructive dialogue with these institutions to meaningfully reduce the risk of abuse on persons deprived of their libertyrsquo See more at httpwwwaptchennews_on_preventionrights-within-the-eu-what-role-for-european-institutionsUjnGb-DZn4Y lsquoExcessive use of pre-trial detention in the EU Tuesday September 10 2013 The APT today co-signed a letter sent to European Commission Vice-President Viviane Reding urging the Commission to take steps aimed at reducing the excessive periods of time people spend in pre-trial detention and to increase the use of alternatives
18
Across the European Union both the use and material conditions of pre-trial detention vary considerably and can have a very detrimental impact on persons deprived of their liberty Among other issues the letter calls on the Commission to take concrete steps to establish minimum and enforceable EU standards on pre-trial detention The letter is co-signed by 22 NGOs and has been copied to various relevant European Commission actorsrsquo lsquoInstitutional culture in detention a framework for preventive monitoring This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts It is the second in a series of thematic papers on aspects of detention monitoring which have so far been under-researched and received little attention They are the result of a joint project between the APT and Penal Reform International (PRI) with financial assistance of the UK Government and the European Unionrsquo See further details at httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17 Read more on the APT website at httpwwwaptch
52 Penal Reform International (PRI)
- Institutional culture in detention a framework for preventive monitoring
This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other forms of ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts This resource from PRI and the Association for the Prevention of Torture (APT) is designed to - raise awareness among monitoring bodies of the role of culture in places of detention in the prevention of torture and ill-treatment - provide a framework for understanding culture in places of detention - outline some common cultural attitudes that can represent risk factors for torture and ill-treatment - provide some examples of processes and factors that contribute to positive culture change in places of detention httpwwwpenalreformorgresourceinstitutional-culture-detention-framework-preventive-monitoring-3
- PRI briefing on complaints mechanisms in its Justice for Children series
Part of PRIs series of Justice for Children Briefings this resource explains a childs right to complain about his or her care treatment and conditions while deprived of their liberty Upholding the right to complain is very important for giving a voice to children in detention and for ensuring that their other human rights are protected The briefing looks at the basis of this right in international and regional treaties and standards and challenges to children in fulfilling this right It identifies key elements for creating an effective complaints mechanism and provides recommendations to ensure children can achieve their right to make complaints httpwwwpenalreformorgresourcechildren-deprived-liberty-complaints
- The Guide on gender-sensitive monitoring
The Guide is now also available in Spanish
httpwwwpenalreformorgresourcewomen-detention-guide-gendersensitive-monitoring
19
6 Immigration detention and monitoring updates
61 Council of Europe Immigration Issues
611 Migration Co-ordination Division update on work in the field of asylum and immigration
Recent editions of the Migration Co-ordination Newsletter were published in July and August 2013 The Newsletter provides a glance at some of the relevant Council of Europe activities on migration asylum and integration It will be published monthly and sent electronically to interested parties As we all know migration constitutes an ever-growing concern within the field of human rights and different aspects of migration profoundly affect social well-being In the foreseeable future these issues will only grow in importance and relevance across Europe Here the Council of Europe has a lot to offer The Migration Co-ordination Division hopes that this newsletter can give readers an insight into some of the debates and migration related activities as they unfolded at the Council in the months of June July and August The Newsletters are available at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp You can subscribe to future newsletters by sending an email to migration-newslettercoeint and you can search the archives for previous newsletters at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp Ukraine Efforts to improve policies and practices of detention of foreigners Strasbourg 4 July 2013 The Ukrainian authorities are engaged in serious efforts to bring their national policy and practice with regard to the detention of migrants and asylum-seekers in line with the Council of Europe standards A recent legislative initiative to amend several legal acts governing the status and the judicial protection of foreigners and stateless persons (draft law No 2743) emphasises the commitment of the Ukrainian government to ensure a judicial review of decisions depriving foreigners of their right to liberty The Council of Europe Migration Co-ordinator Christos Giakoumopoulos said the amendments which are currently examined by the Ukrainian parliament (Verhovna Rada) are an important step in ensuring compliance with Council of Europe norms as they are clearly inspired by the recommendations of the Committee of Ministers of the Council of Europe Moreover he said these amendments constitute a positive development in the process of the implementation of several judgements of the European Court of Human Rights such as for example the Soldatenko v Ukraine group of cases and the case of Nowak v Ukraine in which Ukraine was found in breach of the European Convention of Human Rights on account of unlawful detentions and lack of judicial control
62 Council of Europe Parliamentary Assembly (PACE) Migration Committee
Assistance to Syrian refugees after Lebanon PACE rapporteur continues visit to Turkey lsquoStrasbourg 21082013 ndash Jean-Marie Bockel (France EPPCD) who is preparing a report for the Parliamentary Assembly of the Council of Europe (PACE) on international assistance for Syrian refugees in Jordan Turkey Lebanon and Iraq today begins a fact-finding visit to Turkey (21 to 22 August 2013) following on from a visit to Lebanon (19-20 August) In Hatay (21-22 August) Mr Bockel will meet the Governor of Hatay and Turkish government officials ndash including from the Disaster and Emergency Management Presidency in the Prime Ministersrsquo Office ndash as well as representatives of the Red Crescent in Turkey He will also visit a local centre where refugees are accommodated and will speak to local residents about the impact of the refugee influx on the local community In Lebanon Mr Bockel met Syrian refugees in Alaawi (South Lebanon) and Ketermaya (Mount Lebanon) and discussed their situation with representatives of the UN High Commissioner for
20
Refugees and other NGOs working in the field During these exchanges of view he drew the authoritiesrsquo attention in particular to the situation of women and children Mr Bockelrsquos report is a follow-up to a current affairs debate held by the Assembly on this topic in April 2013rsquo For more details see httpassemblycoeintASPNewsManagerEMB_NewsManagerViewaspID=8977ampL=2
7 NPM discussion topic No 1 ldquothe monitoring of sobering-up detentionrdquo
71 Introduction
The thematic section for this Newsletter is on the experiences of NPMs regarding sobering-up detention The Polish NPM is currently preparing a thematic report and a conference regarding sobering-up stations and is looking for comparative experiences of monitoring such places from other CoE region NPMs In Poland these are institutions where drunk individuals are detained until they get sober for no longer than 24 hours In these places there is a non-stop medical service given to those people Those individuals are escorted there by the police because of their behaviour in public or at home The Polish NPM questions to the European NPM Network are
- how in your countries is the problem of care given to drunk people is solved - Where are drunk individuals placed (detained) if they are stopped by the Police - Can they leave those places anytime or they have to stay there till they are sober - What kind of care is given to them
The overview of responses to these questions form the European NPM Network members is below
72 Overview of responses from the European NPMs
- Response from the NPM of Luxembourg lsquoIn Luxemburg we have a very similar law regarding public drunkenness Following article 28 of the modified law from June 29th 1989 people that in a state of drunkenness cause public disorder or are likely to be harmful for themselves or others can be arrested by the police without intervention of a judge or an attorney for no longer than 24 hours Once arrested this people benefit from the full range of rights guaranteed to any other arrested person for criminal reasons (right to immediate assistance of a lawyer or consular assistance for foreigners right to call a family member inventory of their belongings fresh water supply etchellip) As for any other detainee the privation of liberty can only take place after a medical visit that generally takes place at the police station The surgeon in charge has to establish a written document stating that the concerned person does not present any corporal AND mental diseases making detention inappropriate or potentially harmful During the detention time those persons are under close survey (continuously by video and physically every hour at least all those verifications have to be noted down in real time indicating the time of control and the name of the controlling officer in a registry that is accessible at any time to the NPM and to the Inspectorate general of the Police) The Luxemburgish NPM already conducted several visits to police stations especially during the weekend nights Generally there was no noticeable problem The average time of privation of liberty cannot exceed 24 hours practically the detention time is very rarely superior to 6 hours In general people picked up during the night are released in the early morning hours The maximum time encountered by the Luxemburgish NPM was 165 hours immediately followed by a detention time of 825 hours There is no continuous medical survey in Luxemburg in case of a medical urgency people are immediately transferred to the next hospital which practically never happened until today as people with severe intoxications are detected by the medical visit prior to detention and are immediately transferred to a hospital
21
People arrested in Luxemburg on the legal basis above cannot leave the police station by their own decision liberation is depending upon the decision of the commanding police officer of the concerned station We also have another legal basis article 37 of the modified Police-law from May 31st 1999 entitling the police to arrest under the same conditions and restrictions as above anybody who by his ldquofoolishrdquo (insenseacute en french) behavior in public is likely to be harmful for himself or for others even without consumption of alcohol or drug abusersquo
- Response from the NPM of Slovenia
lsquoIn Republic of Slovenia there are no lsquosobering-up stationsrsquo per se However the police may order and carry out detention of a person under the influence of alcohol in certain cases for example as defined in the Minor Offences Act according to which (also) police officers may order detention when the perpetrator is caught committing minor offence under the influence of alcohol or other psychoactive substances and there is danger that (s)he will continue to commit minor offences such detention (which is not the only possible one involving the police) takes place in detention rooms at police stations and can last until the perpetrator becomes sober or capable to control behavior - but no longer than 12 hours Regarding lsquocare given to drunk peoplersquo in police detention ndash first of all police officers are bound to make sure that detained person gets medical aid if needed (injuries signs of alcohol poisoninghellip) or if the person demands so - this can be provided by medical personnel coming to place of detention itself or by taking the person to proper institution Police officer carrying out the detention is actually bound to take care of safety in general of the detained person for the duration of detention at least regular physical supervision is necessary but most often technical (audio and video) is provided too Drinkable water must be provided at all times and generally also one cold meal If the person is brought in wearing wet or in any other way unsuitable clothing (given the season weather conditionshellip) police officer must provide the person with proper clothes or footwear for the duration of the detention Certain standards are prescribed for the detention rooms themselves also ndash in cases of detention of up to 12 hours the floor shall not be slippery air temperature shall not be under 18 degrees Celsius in any case the room shall be equipped with toilet facilities unbreakable wash-hand basin and fixed bed with impermeable inflammable and untearable pillow and two blankets All circumstances regarding the detention (condition of the person carried out physical supervisions provided clothing food etc) are to be also carefully documentedrsquo
- Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo
lsquoIn our Law of Police is regulated this question The police officer may detain a person under the influence of alcohol or other psychoactive substances under terms and conditions determined by special law and the detention can last up to 8 hours With this article is limited time of detention because for criminal acts detention in police station is maximum 24 hours ( 12 hours for juveniles) Person under the influence of alcohol has the same rights like other detainees We dont have special places for detention of intoxicated people and police use regular detention places in the police stations Pursuant to the Rulebook on the Manner of Performance of Police duties and the Standard Operating Procedures for Detention and Treatment of Detainees the head of shift (police officer for admission) is responsible for admission of persons giving advice on realization of hisher rights including continuous monitoring during the detention for the purpose of ensuring the detained personsrsquo safety in the police station So people who are detained in Police station have right for food and water right to an attorney and informing the family right to medical assistance The shift manager is obligated to assess the health status of detained persons upon admission and record the same in the detention report The shift manager records any visible injuries visible signs of illness influence of alcohol or psychotropic substances thereby assessing whether medical attention is required In case of serious injuries or if the detainee complains for pain or injuries the right to medical assistance is of priority and it is undertaken before any other activity For most of the police stations it was concluded that in cases when there is higher blood alcohol content among the detainees a doctor was not called by the shift manager and in that line the NPM gave a recommendation that a doctor should be called no matter whether the person asks for medical assistance This should be made in order to act in line with the temporary protection of the health of the person deprived of liberty
22
In our report for 2012 we have thematic part about People detained in police stations ndash alcohol abusers Here is our opinion The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed In four of the folders for detainees in PS ____ it was assessed that the people were drunk in the limits of 1 50 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officers Regarding your questions in my country we dont have special places for drunk people and they are placed in police station in period of 8 hours without possibility to leave before they sober up and permission by head of shift If they have visible injuries or ask for medical help its called doctor but we suggested hat the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of libertyrsquo
- Response from the NPM of Georgia
lsquoSince the Soviet period Georgia had no special institution for drunken individuals According to the Georgian legislation being under the influence of alcohol per se doesnrsquot constitute an infraction Although last year in one region Akhalkalaki the Georgian NPM revealed a vicious practice ndash drunken individuals were detained by the police and held in a police station without being registered in any special registry until next morning The fact has been mentioned in the Public Defenderrsquos Report for 2012 and the abolition of this kind of practice has been recommended to the Minister of Internal Affairs In general if a detained person has any kind of medical concern an officer in charge calls the emergency service the detainee could even be transferred to hospital for example in case of acute alcoholic intoxicationrsquo
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo
81 Introduction
The Luxembourg NPM contacted the European NPM Network regarding vulnerable groups in prison as it is about to prepare a mission on its national prisons specially focused on the respect of the rights and the treatment of particularly vulnerable categories of prisoners and wanted to draw upon other comparative NPM experiences The NPM was in particular focused on the following categories vulnerable groups middot lsquoPrisoners living in detention without interruption for more than 10 years middot Prisoners recently condemned to a sentence of 15 years minimum middot Prisoners recently condemned to a very short sentence (9 months maximum) middot Older prisoners minimum age of 55 years
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
2
Table of Contents
1 European NPM Network 4 11 News from the NPMs 4 111 NPM of the Czech Republic 4 112 NPM of Germany 4 113 NPM of Hungary 4 114 NPM of Poland 5 115 Lithuania Seimas Ombudsmanrsquos office 5
2 United Nations 6 21 UN Sub-Commitee on Prevention of Torture (SPT) and OPCAT news 6 211 SPT visits 6 2111 SPT advisory visit to the NPM of Armenia 6 212 Recent OPCAT events 6 213 Forthcoming OPCAT events 6 214 SPT Call for information on reprisals 6 22 UN Committee against Torture (CAT) 7 221 Recent events 7 2211 CAT Committee 50th Session 7 222 Recent CAT Committee examination of country reports 7 2221 Estonia 7 2222 Japan 8 23 UN Special Rapporteur against torture 9 24 UN Jurisprudence 9
3 Council of Europe 10 31 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) 10 32 Council of Europe Commissioner on Human Rights 14 33 Summaries of selected Article 3 cases before the European Court of Human Rights June and July 2013 14
4 European Union and associated bodies 17 41 European Union Agency for Fundamental Rights (FRA) 17
5 News from NGOs amp general updates 17 51 The Association for the Prevention of Torture Geneva (APT) 17 52 Penal Reform International (PRI) 18
6 Immigration detention and monitoring updates 19 61 Council of Europe Immigration Issues 19 611 Migration Co-ordination Division update on work in the field of asylum and immigration 19 62 Council of Europe Parliamentary Assembly (PACE) Migration Committee 19
7 NPM discussion topic No 1 ldquothe monitoring of sobering-up detentionrdquo20 71 Introduction 20 72 Overview of responses from the European NPMs 20
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo 22
81 Introduction 22 82 Overview of NPM responses 23 83 APT Response 26
3
INTRODUCTION
The European NPM Newsletter is a review of information deemed relevant for National Preventive Mechanisms against torture (NPMs)
1 in the Council of Europe region
The publication of the European NPM Newsletter was part of the ldquoEuropean NPM Projectrdquo (2010-2012) which was funded by a joint European Union - Council of Europe Project entitled the ldquoPeer-to-Peer II Projectrdquo with co-funding from the Human Rights Trust Fund
2
Its continuation is now ensured by the Migration Co-ordination Division of the Directorate of Human Rights and Antidiscrimination Directorate General of Democracy (DG II) of the Council of Europe The European NPM Newsletters are prepared by Francesca Gordon of Silvia Casale Consultants London under the aegis of the above-mentioned Council of Europe entity The purpose of the Newsletter is to keep the NPMs aware on an on-going basis of developments regarding their community and thus to nurture an active network of European NPMs Each Newsletter issue covers retrospective news and information about the NPMs of the European NPM Network including updates regarding the establishment the legislative bases and the functioning of NPMs in the Council of Europe region In addition each Newsletter issue presents a thematic discussion considered to be of topical concern for the European NPM Network NPMs are cordially invited to give input in the European NPM Newsletter by sending information they wish to see circulated or by contributing to the discussions in it To do so please contact Francesca Gordon author of the NPM Newsletter at fgordoncescaonlinecom The Newsletter is sent to subscribers electronically by Deacuteborah Lefebvre of the Migration Coordination Division in Strasbourg Should you wish to subscribe or unsubscribe please send an email to deborahlefebvrecoeint The Migration Coordination is responsible for the selection of news items and drafting of case summaries presented in the Newsletter Other contributors are responsible for materials sent in for inclusion in the Newsletter from the European NPM Network The compilers of the Newsletter retain the discretion to make linguistic changes for clarity if necessary Observations and proposals as to the format of the Newsletter are very welcome We hope that you will find this European NPM Newsletter to be of use and interest Markus Jaeger Head of the Migration Co-ordination Division Directorate of Human Rights and Antidiscrimination Directorate General of Democracy (DG II) Council of Europe
1 As foreseen by the Optional Protocol of the UN Convention Against Torture (OPCAT) OPCAT obliges State parties to set up
an NPM within one year of ratification 2 The Human Rights Trust Fund (HRTF) was established in March 2008 as an agreement between the Ministry of Foreign
Affairs of Norway as founding contributor the Council of Europe and the Council of Europe Development Bank Five countries joined Norway in the fund Germany and the Netherlands from the start Finland Switzerland and recently the United Kingdom (Deacuteborah please put address of web site here in brackets)
4
1 European NPM Network
11 News from the NPMs
111 NPM of the Czech Republic
lsquoBetween 2013 and 2014 the Czech NPM (the Public Defender of Rights) focuses its attention on the prevention of ill-treatment in social care institutions providing services to elderly people (particularly those suffering from dementia) In the preparations for the inspections the NPM team together with convened experts determined crucial issues to be observed including nutrition and malnutrition pain control depression and consideration of the specific features of dementia disorder Furthermore it is examined whether an individualrsquos stay in the institution is voluntary and whether his fundamental rights are guaranteed Presently the systematic visits of social care institutions (such as old peoplersquos homes and homes with special regime) are carried out Consequently their results and the recommendations of the Public Defender will be published Nevertheless the whole process is very time-consuming including meeting experts and arranging a conference In order to use the knowledge gained from the systematic visits inform the public as soon as possible and strengthen the preventive effect the Public Defender published a document comprising of generalized extracts of the yet issued reports addressed to particular facilities indicating recurring problems and reasoning of the Public Defender including references to expert resources Providers of social care institutions for elderly people can use this material as guidance for the prevention of ill-treatment Related to the issue of ill-treatment in the social care facilities the Public Defender also observed a problem of poor availability of the social service of this kind During its inspections the Czech NPM has met many old people staying in hospitals due to the lack of social service facilities that would offer them a sufficient care They live in makeshift conditions facing administrative obstacles To make his observations complete the Public Defender analyzed online presentations of old peoplersquos homes established by regions (higher-level territorial administrative units) The analysis proved that public facilities of this kind often deter ldquounwantedldquo seniors (individuals without funding suffering a mental disorder etc) and use unclear selection criteria The activities of the Czech NPM in 2012 are described in a separate chapter of the Public Defenderrsquos Annual Report Releasing of the English version is expected it will be available on the website httpwwwochranceczenreportsreportsrsquo For further details please contact Marie Lukasovaacute at lukasovaochrancecz
112 NPM of Germany
The German version of the 2012 Annual Report of the German NPM is now available The German NPM is working on an English translation For more details or a copy please contact Jan Schneider Nationale Stelle zur Verhuumltung von Folter at janschneiderantifolterstellede Discussions are also underway as to the possible establishment of a Network of German Speaking NPMs For more details please contact Jan Schneider Nationale Stelle zur Verhuumltung von Folter at janschneiderantifolterstellede
113 NPM of Hungary3
Ombudsmanrsquos view on illegal control of a prisonerrsquos letter lsquoA detainee in Balassagyarmat Prison claimed that disciplinary procedure was initiated against him in the institution because in his letter he wrote disrespectful words against a judge at the
3 Designated but in opeartion from 2015 for more details see httpwwwaptchenopcat_pagesnpm-
designation-25
5
Balassagyarmat District Court The Ombudsmans investigation found that pursuant to the decree of the Minister of Justice the letters of detainees addressed to authorities cannot be checked A letter written to the court shall not be read by any prison officers therefore a disciplinary proceeding could have not been initiated against the detainee based on his letter The head of prison might have discovered the obvious infringement and should have terminated the proceeding at first instance However the disciplinary proceeding ended only at second instance by the Deputy Commander The Ombudsman also pointed out that the European Court of Human Rights had previously decided against Hungary because a penitentiary institution checked one prisonerrsquos correspondence with the court in Strasbourg The Commissioner for Fundamental Rights noted that Balassagyarmat Prison had seriously infringed the prisonerrsquos privacy as well as his right for communication Therefore he recommended to the Director General of the Hungarian Prison Service to take actions to prevent similar abuses in the future as well as to avoid checking the prisonersrsquo contacts with the authorities human right defenders or legal representativesrsquo For further details please contact The International Ombudsman Institute | General Secretariat co Austrian Ombudsman Board Singerstrasse 17 A-1015 Vienna PO Box 20 mail ioivolksanwgvat or the Office of the Commissioner for Fundamental Rights Hungary
114 NPM of Poland
The Polish NPM has recently published its annual report for 2012 For further details or a copy please contact Marcin Kusy Office of the Human Rights Defender of the Republic of Poland at mkusybrpogovpl
115 Lithuania Seimas Ombudsmanrsquos office
lsquoOn 16 April upon the nomination of the Speaker the Seimas (Parliament) appointed Augustinas Normantas to investigate activities of officials of state institutions and agencies instead of investigation of activities of officials of municipal institutions and agencies that he has been responsible for since 2005 On 23 April the Seimas appointed Raimondas Šukys a former parliamentarian minister of the interior and health to the position of the Seimas Ombudsman He was nominated by the Speaker of the Seimas Mr Šukys was appointed to investigate activities of officials of municipal institutions and agencies On 25 April a newly appointed Seimas Ombudsman swore an oath in the Parliament On the same day at the secret ballot the Seimas Ombudsman Dr Augustinas Normantas was appointed to the position of the head of the Seimas Ombudsmenrsquos Office [hellip] Following change of the Seimas Ombudsman the institution started to implement organisational-structural and activity-related changes following which a new structure of the Office was approved groups of Advisers to the Seimas Ombudsmen formed distribution of areas of activities performed and a Human Rights Division as a separate administrative unit established Arminas Lydeka the former Chairman of the Seimas Committee on Human Rights was appointed to the position of the head of the newly established Human Rights Division [hellip] Another significant change is that the draft Law amending the Law on the Seimas Ombudsmen which provides for additional functions of the Seimas Ombudsmenrsquos Office that are necessary to become a national human rights institution as well as national preventive mechanism which would perform prevention of torture and other cruel inhuman or degrading treatment or punishment in closed detention institutions under the OPCAT is submitted to the Seimas of the Republic of Lithuania It should be noted that the Seimas Ombudsmenlsquos Office carries out the prevention of torture and other cruel inhuman or degrading treatment or punishment in closed detention institutions even now and also performs to a limited extent the functions attributable to a human rights institution however after the Seimas of the Republic of Lithuania ratifies the Optional Protocol and approves the new wording of the Law on the Seimas Ombudsmen it will be possible to implement these functions to the full extentrsquo For more information contact The International Ombudsman Institute | General Secretariat co Austrian Ombudsman Board Singerstrasse 17 A-1015 Vienna PO Box 20 mail ioivolksanwgvat
6
2 United Nations
21 UN Sub-Commitee on Prevention of Torture (SPT) and OPCAT news
211 SPT visits
2111 SPT advisory visit to the NPM of Armenia
lsquoSPT delegation visits Republic of Armenia to strengthen the national capacity to prevent torture Yerevan 6 September 2013 ndash The United Nations Subcommittee on Prevention of Torture concluded today its first visit to the Republic of Armenia The purpose of the visit which took place from 3 to 6 September 2013 was to provide advice and technical assistance to the Armenian National Preventive Mechanism (NPM) The NPM is the mechanism for the prevention of torture in conformity with article 11 of the Optional Protocol to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment During its visit to Armenia the Subcommittee met with Government officials non-governmental organizations United Nations representatives as well as with the Armenian NPM The Subcommittee devoted most part of its visit to a capacity building exercise of the Armenian NPM through substantive meetings with the Torture and Violence Prevention Division of the Human Rights Defenders Office and the Torture Prevention Expert Council as well as a number of joint visits to places of deprivation of liberty UN experts had the opportunity to assess first-hand the needs and current challenges of this Armenian organ for the prevention of torture and ill-treatment At the conclusion of the visit the head of the delegation stated The SPT held working meetings with State authorities civil society and particularly the Armenian NPM and joined the latter in its visits to several places of detention The SPT recognizes the steps Armenia has made regarding the prevention of torture and will advise on measures necessary to further this task In the adoption of these the SPT remains available to provide the Republic of Armenia and its National Preventive Mechanism all relevant support and advice The Subcommittee will submit separate confidential reports to the Government of the Republic of Armenia and to the Armenian NPM containing its observations and recommendations arising from the visit The SPT delegation to the Republic of Armenia consisted of the following members Ms Mari AMOS (head of the delegation) Mr Miguel SARRE IGUIacuteNIZ and Mr Viacutector MADRIGAL-BORLOZ The delegation was supported by the UN Resident Coordinator and Representative of UNDPrsquo For more information on the mandate of Subcommittee please visit httpwww2ohchrorgenglishbodiescatopcatindexhtm
212 Recent OPCAT events
Norway ratified the OPCAT on 27 June 2013
213 Forthcoming OPCAT events
SPT visit to Peru to be conducted on 10-20 September 2013 SPT 21st session will be held on 11-15 November 2013
214 SPT Call for information on reprisals
The United Nations Subcommittee on Prevention of Torture (SPT) is developing a policy on reprisals The term ldquoreprisalsrdquo is understood to mean those acts or omissions by an authority or
7
official of a State Party visited whereby the aforementioned authority or official carries out permits or tolerates ldquoany sanction against any person or organization for having communicated to the Subcommittee on Prevention or to its delegates any information whether true or false and no such person or organization shall be otherwise prejudiced in any wayrdquo (Article 15 of the Optional Protocol to the Convention against Torture- OPCAT) The SPT is therefore calling for written contributions to assist its reflections on reprisals Submissions should be provided within 2 months ie by 30 August 2013 at the following e-mail address opcatohchrorg
22 UN Committee against Torture (CAT)
221 Recent events
2211 CAT Committee 50th Session
The CAT Committee held the 50th session from 6 May to 31 May 2013 and adopts Concluding Observations on Reports of Bolivia Estonia Guatemala Japan Kenya Mauritania the Netherlands and the United Kingdom lsquoThe Committee against Torture today concluded its fiftieth session after adopting its concluding observations and recommendations on the reports on the implementation of the provisions of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment in Bolivia Estonia Guatemala Japan Kenya Mauritania the Netherlands and the United Kingdom The Committeersquos concluding observations and recommendations on the country reports will be available on the website of the Office of the High Commissioner for Human Rights this afternoon In its concluding meeting the Committee also adopted on its annual report to the United Nations General Assembly orally presented by Nora Sveaass Committee Rapporteur and its programme of work for future sessions In addition to the consideration of country reports during this session the Committee marked its twenty-fifth anniversary by holding two panel discussions on 7 May focused on the identification of its main achievements and challenges and on the obligations of States parties with regards to redress for victims of torture in light of the Committeersquos General Comment 3 on Article 14 of the Convention against Torture The Committee also met with the Subcommittee on the Prevention of Torture to discuss areas of collaboration between the two bodies and its President Malcolm Evans presented the Subcommitteersquos annual report The Committee also held a meeting with States parties to exchange views on the activities of the Committee and developments in its methods of work In a meeting with non-governmental organizations the Committee discussed ways to enhance cooperation in the implementation of the Convention In closed meetings the Committee also considered information appearing to contain well-founded indications that torture was systematically practised in some States parties and met separately with the delegation of Romania to discuss a delay in the entry into force of the Optional Protocol to the Convention and the establishment of its national preventive mechanism The next session of the Committee against Torture will be held from 28 October to 22 November 2013 during which it will review the reports of Andorra Belgium Burkina Faso Kyrgyzstan Latvia Mozambique Poland Portugal and Uzbekistanrsquo The programme and reports are available at httptbinternetohchrorg_layoutsTreatyBodyExternalSessionDetails1aspxSessionID=790ampLang=en
222 Recent CAT Committee examination of country reports
2221 Estonia
lsquoThe Committee against Torture today concluded its consideration of the fifth periodic report of Estonia on how it implements the provisions of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Introducing the report Margus Sarapuu Secretary-General of the Ministry of Justice of Estonia said that the 2011 amendments to the Criminal Procedure Code expedited judicial proceedings while the
8
Guidelines for the Development of Criminal Policy until 2018 adopted by Parliament provided for expedited pre-trial procedures in criminal matters regarding minors Further amendments of the Code of Misdemeanour Procedure would be implemented in order to increase its expedition and efficiency lessen bureaucracy and enhance the fundamental rights of persons The revision of the Penal Code was currently being undertaken and a section on domestic violence was added in the draft Trafficking in human beings had been criminalized in April 2012 and its definition was fully aligned to the United Nations Palermo Protocol Committee Experts commended Estonia for the measures it had taken to reduce the length of criminal proceedings and address prison overcrowding domestic violence and trafficking in persons They inquired about the amendment of the Penal Code and the progress in aligning the definition of torture with the Convention against Torture the ratification of the Optional Protocol and establishment of the national preventive mechanism and about the investigation of past crimes of torture and ill treatment and holding perpetrators accountable Other issues included detainee complaints received by the Chancellor of Justice and how those and complaints about poor conditions in punishment cells in prisons and in the immigrants expulsion centres were addressed treatment of asylum seekers penalties meted out to those convicted of human trafficking and help provided to their victims Responding to the questions and comments raised by the Committee members yesterday 22 May and today the delegation said that the ongoing revision of the Penal Code would bring the definition of torture in line with article 1 of the Convention against Torture this draft law together with the revised Code of Misdemeanour Procedures aimed at making the procedure more clear and the new Child Protection Act criminalizing all forms of corporal punishment against children would be presented to Parliament by the end of the year Screening procedures for asylum applicants were conducted under the international protection procedure regulated by the Act on Granting International Protection to Aliens the requirements for the determination of refugee status set in the legislation met those of the 1951 Convention relating to the Status of Refugees and the Dublin regulations Estonia still did not have an accredited national human rights institution but those functions were performed by the Chancellor of Justice The delegation of Estonia consisted of representatives from the Ministry of Justice Ministry of the Interior and the Permanent Mission of Estonia to the United Nations Office at Geneva The next public meeting of the Committee will be at 10 am on Friday 31 May when it will adopt its concluding observations and recommendations on the country reports considered during the session and then conclude the sessionrsquo The fifth periodic report of Estonia can be read via the following link httpwww2ohchrorgenglishbodiescatdocsCATCEST5_epdf For more information please see httpwwwohchrorgenNewsEventsPagesDisplayNewsaspxNewsID=13349ampLangID=E
2222 Japan
lsquoThe Committee against Torture today concluded its consideration of the second periodic report of Japan on how it implements the provisions of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Introducing the report Hideaki Ueda Ambassador in charge of Human Rights and Humanitarian Affairs at the Ministry of Foreign Affairs of Japan said that Japan had taken steps and measures to ensure appropriate interrogation and examination procedures both by prosecutors and police officers In 2009 it established an expert committee to ensure transparency of the treatment and improve management at immigration detention facilities Japan became a State party to the Rome Statute in 2007 which was a clear demonstration of its resolve to end impunity for the perpetrators of the most serious crimes of concern to the international community including torture In December 2009 the Action Plan to Combat Trafficking in Persons had been adopted which promoted coordinated measures of prevention elimination and protection by relevant ministries and agencies Committee Experts were concerned about the terminology in the Japanese legislation regarding torture and wondered whether it covered the whole range of acts of torture and cruel inhuman or degrading treatment or punishment Experts noted that Japan had increased the capacity of prisons and wished to hear more about steps to address overcrowding and living conditions in places of
9
detention particularly in womenrsquos prisons Inmates on death row spent a long time waiting for the execution which would then often be carried out without much prior warning Committee Experts also spoke about solitary confinement in prisons spousal violence and violence against women incidence of trafficking in human beings and data on investigations and prosecutions the complaints system for women victims of violence and steps to deal with impunity for crimes committed during World War II prosecute those responsible and provide compensation to victims Responding to questions and comments raised by the Committee members yesterday 21 May and today the delegation said that there was an absolute constitutional prohibition of infliction of torture and cruel punishment by public officials and confessions extracted under compulsion torture or a prolonged period of detention were not admissible in courts In April 2008 the Public Prosecutionrsquos office had announced a policy to ensure appropriate interrogation including the right of a suspect to a counsel all those who could not afford one and were charged with serious crimes were provided with a counsel paid for by the State The notification of the execution of capital punishment was done shortly before the execution itself to avoid inflicting mental pain and families were informed immediately upon the execution The number of detainees in prisons was on the decline which contributed to reducing overcrowding and Japan would continue to undertake measures to further reduce it and improve living conditions in prison facilitiesrsquo The second periodic report of Japan can be read via the following link httpwww2ohchrorgenglishbodiescatdocsCATCJPN2_enpdf
23 UN Special Rapporteur against torture
lsquoThe United Nations Special Rapporteur against torture and other cruel inhuman and degrading treatment or punishment Juan E Meacutendez has recently published his latest thematic report on the revision of the Standard Minimum Rules for the Treatment of Prisoners (SMRs) The report will be presented during the 68th session of the United Nations General Assembly on 22 October 2013 and represents a significant contribution to the ongoing review process of the SMRs coordinated by the UN Office of Drug Control and Crime Prevention (UNODC) with the active participation of many States and civil society organizations For the preparation of the report the Special Rapporteur held an expert meeting in Oxford UK on 10 July 2013 on ldquothe review of the UN Standard Minimum Rules for the Treatment of Prisonersrdquo co-organized by the OHCHR the American University Washington College of Lawrsquos Center for Human Rights and Humanitarian Lawrsquos Anti-Torture Initiative and the Institute of Human Rights for Future Generations University of Oxford The review process is intended to reflect critical developments in international human rights law since the 1957 adoption of the SMRs and to enhance the ability of the SMRs to serve as a useful tool for States and civil society to protect and uphold the rights of persons deprived of their liberty In contributing to this process the report reflects on several areas targeted for reviews and analyzes their interplay with the international prohibition of torture and ill-treatment through the identification of the procedural standards and safeguards that States are obliged to implement to all situations of deprivation of liberty In this sense the report highlights the importance of including an explicit condemnation of torture and ill-treatment in accordance with Art 4 of the Convention against Torture and of considering the principle of humane treatment and respect for inherent dignity as the starting point for any consideration regarding policy making related to persons deprived of liberty In this regard the report sets specific standards regarding pre-trial detention access to counsel and appropriate medical assistance the limits on the use of solitary confinement and the safeguards States must implement during disciplinary procedures and punishments In particular the report highlights the importance of establishing independent complaint and oversight mechanisms such as National Preventive Mechanisms in accordance with the Optional Protocol to the Convention against Torture as a necessary tool to combat and prevent impunityrsquo
24 UN Jurisprudence
Latest Jurisprudence of UN Treaty Bodies is now available The cases law adopted at the last session of the HRC CERD CEDAW and CRPD are available on-line in the six UN official languages In order to ease access to the jurisprudence on individual cases additional information is now available such as the articles invoked the subject matter the procedural issues and the outcome bull Latest jurisprudence adopted by the treaty bodies
10
Human Rights Committee httpwww2ohchrorgenglishbodieshrcHRCommitteeCaseLawhtm Committee on the Elimination of Racial Discrimination httpwww2ohchrorgenglishbodiescerdjurisprudencehtm Committee on the Elimination of Discrimination against Women httpwww2ohchrorgenglishlawjurisprudencehtm Committee on the Rights of Persons with Disabilities httpwwwohchrorgENHRBodiesCRPDPagesJurisprudenceaspx Committee against Torture (soon in the new format) httpwww2ohchrorgenglishbodiescatjurisprudencehtm
3 Council of Europe
31 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
lsquoCouncil of Europe anti-torture Committee publishes report on Latvia Strasbourg 27082013 ndash The CPT has published today the report on its visit to Latvia carried out in September 2011 The report has been made public at the request of the Latvian authorities together with their responses In the course of the 2011 visit the CPTrsquos delegation received a number of allegations from detained persons of physical ill-treatment by the police (consisting mainly of punches kicks and inappropriate use of truncheons) at the time of apprehension and during questioning Some of these allegations were corroborated by the delegationrsquos own medical observations and other medical evidence The CPT concludes in the report that persons in police custody continue to face a certain degree of risk of being subjected to ill-treatment and calls on the Latvian authorities to exercise constant vigilance in this area As regards conditions of detention in police establishments the Committee emphasises that the conditions in some of the detention facilities visited were so poor that they could be considered as amounting to inhuman and degrading treatment In their response the Latvian authorities refer to training and education programmes offered to police officers on various subjects including the prohibition of torture and inhuman or degrading treatment interrogation techniques and the use of physical force special means and weapons Information is also provided on measures taken to improve material conditions in several police detention facilities As regards the situation in prisons the vast majority of prisoners interviewed made no allegations of physical ill-treatment by staff nevertheless some allegations were received in particular at Jelgava Prison It transpired that inter-prisoner violence was a problem in all the establishments visited in the Committeersquos view certain factors contributed to this phenomenon including large-capacity accommodation units cramped conditions in multi-occupancy cells (and consequential stress among prisoners) limited possibilities for most prisoners to occupy themselves and insufficient staffing levels As for the provision of health care to prisoners a number of major shortcomings (eg insufficient health-care staff severe shortage of medication problematic access to specialist care etc) were observed with many inmates being denied effective health care Particular attention is paid in the report to the situation of life-sentenced prisoners The CPT commends the steps taken by the Latvian authorities to improve material conditions of detention for this category of inmates and to develop a regime of activities for life-sentenced prisoners on the medium and high regime levels However the regime applied to life-sentenced prisoners on the low regime level (about 65 percent of all such prisoners) remains very impoverished the vast majority of them being confined to their cells for up to 23 hours per day Further the Committee stresses once again that it can see no justification for the systematic handcuffing of almost all life-sentenced prisoners whenever they were escorted inside the prison it calls upon the Latvian authorities to carry out a proper individual risk assessment in respect of these prisoners with a view to adjusting the security measures applied to them accordingly In their response the Latvian authorities provide information on the measures they have taken or intend to take in order to address the recommendations made by the CPT on the issues described above The report also examines the treatment and living conditions of patients at a psychiatric clinic and of residents at a social care home as well as the legal safeguards in the context of admission procedures The CPTrsquos visit report and the responses of the Latvian authorities are available on the Committees website wwwcptcoeint
11
Council of Europe anti-torture Committee publishes the Dutch Governments response to the report on the 2011 visit Strasbourg - 21082013 - The CPT has published today the response of the Dutch Government to the report on the CPTs most recent visit to the Netherlands in October 2011 The response has already been made public by the Dutch authorities The CPTs report on the 2011 visit to the Netherlands was published in August 2012 The response is available on the Committeersquos website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Georgia Strasbourg 31072013 ndash The CPT has published today the report on its November 2012 ad hoc visit to Georgia together with the Georgian authoritiesrsquo response High-level talks held during the CPTrsquos visit mainly focused on the effectiveness of criminal investigations launched following the publication on 18 September 2012 of video material containing scenes of apparent serious ill-treatment of prisoners by staff in certain penitentiary establishments The legislative administrative and other steps being taken (and planned) by the Georgian authorities in respect of the countryrsquos prison system were also discussed In its report the CPT welcomes the wide-scale prison amnesty while stressing that the problems of prison overcrowding and prison population inflation cannot be addressed in a comprehensive and lasting way through the use of such exceptional measures a strategy for the sustainable reduction of the prison population should include a variety of steps to ensure that imprisonment really is the measure of last resort The CPT has also made several recommendations concerning the two prisons visited by the delegation (in Gldani and Kutaisi) and on other issues related with the prison system especially the prison health-care services In their response the Georgian authorities provide information on the progress and outcome of the above-mentioned criminal investigations as well as on measures being taken to reform the Georgian prison system Those measures include steps to further reduce the prison population renovate existing prisons and build new establishments develop the programmes of activities for both sentenced and remand prisoners and improve prison staff training The response also contains information on the Strategy and Action Plan for Prison Health-care Reform for the period 2013 ndash 2014 The CPTrsquos report and the response have been published at the request of the Georgian authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee visits the Russian Federation Strasbourg 23072013 ndash A delegation of the CPT carried out an ad hoc visit to the Russian Federation from 9 to 19 July 2013 The main objective of the visit was to review the implementation of recommendations made after previous visits regarding the treatment of persons deprived of their liberty by law enforcement agencies For this purpose the delegation interviewed numerous detained persons who had recently been or were still in the custody of the police or other law enforcement agencies it also examined relevant documentation including investigation files concerning complaints about ill-treatment by staff of those agencies In the course of the visit the delegation held consultations with Alexandr GOROVOY First Deputy Minister of Internal Affairs and Maxim TRAVNIKOV Deputy Minister of Justice as well as with other senior officials of the above-mentioned Ministries at both the federal and regional level Meetings were also held with senior officials of the Federal Service for the Execution of Punishments (FSIN) and the Federal Drug Control Service (FSKN) Further in Moscow and in most of the regions visited the delegation met senior officials of the Investigative Committee of the Russian Federation The delegation visited the following places of deprivation of liberty Police establishments Republic of Bashkortostan - Temporary Detention Centre (IVS) of the City Internal Affairs Department Ufa - IVS at the Police Division No 5 Ufa - Police Divisions Nos 1 4 6 and 7 Ufa - Blagoveshchensk District Internal Affairs Department Novosibirsk Region - IVS of the City Internal Affairs Department Novosibirsk - Police Divisions Nos 2 4 and 7 Novosibirsk Omsk Region - IVS of the City Internal Affairs Department Omsk - Police Divisions Nos 2 and 9 Omsk - Division of the Ministry of Internal Affairs for Omsk City District - Special Reception Centre for Persons under Administrative Arrest Omsk
12
Sverdlovsk Region - IVS of the City Internal Affairs Department Yekaterinburg - Police Divisions Nos 1 4 5 14 and 15 Yekaterinburg Federal Drug Control Service establishments - FSKN Directorate for Omsk Region Omsk - FSKN Directorate for Sverdlovsk Region Yekaterinburg The delegation also carried out interviews of newly-arrived remand prisoners in the following establishments under the Ministry of Justicersquos Federal Service for the Execution of Punishments - Pre-trial establishment (SIZO) No 1 Novosibirsk - SIZO No 1 Omsk
- SIZO No 1 Ufa SIZO No 1 Yekaterinburg Council of Europe anti-torture Committee publishes report on Slovenia Strasbourg 19072013 - The CPT has published today the report on its JanuaryFebruary 2012 visit to Slovenia The report has been made public at the request of the Slovenian authorities together with their response In the course of the visit the Committeersquos delegation examined the treatment and conditions of detention of persons held in police facilities prisons and psychiatric establishments The CPT received only a few isolated allegations of police ill-treatment they concerned excessive use of force in the context of apprehension and threats of physical ill-treatment during police questioning The material conditions of detention in police facilities were on the whole satisfactory As regards the prison system the CPT acknowledges the efforts made by the Slovenian authorities to increase the capacity of the prison estate however overcrowding continued to be a problem in some prisons In other aspects the material conditions of detention were generally adequate The Committee gained a particularly positive impression of the two newly-opened blocks at Dob Prison Particular attention is paid in the report to the regime of activities provided to inmates In this respect the Committee expresses concern about the situation of remand prisoners at Celje and Ljubljana Prisons as well as of prisoners held under the reinforced security regime at Celje and Dob Prisons The majority of these inmates spent most of the day locked-up in their cells with little to occupy themselves In their response the Slovenian authorities assure the Committee that efforts will be made to improve the existing arrangements By way of example in the second half of 2012 the regime for remand prisoners at Ljubljana Prison was relaxed so that now the inmates concerned may spend four hours a day on weekdays out of their cells With respect to psychiatry the CPT welcomes the adoption in July 2008 of the new Mental Health Act which inter alia reinforces the legal protection of patients in psychiatricsocial care institutions At Maribor Psychiatric Department the overwhelming majority of patients interviewed by the CPTrsquos delegation indicated that hospital staff had a caring attitude towards them However the delegation received a few allegations of physical ill-treatment of patients by nursing staff shortly after having been fixated to a bed The CPT also expresses misgivings about the fact that mechanical restraint was not always applied as a measure of last resort and that patients were on occasion subjected to fixation for prolonged periods In their response the Slovenian authorities state that a clear message has been delivered to nursing staff that no ill-treatment whatsoever of patients will be tolerated and that special training is being provided in handling aggressive andor agitated patients The CPTs report and the Slovenian authoritiesrsquo response are available on the Committees website httpwwwcptcoeint Forced return flights from the UK the European anti-torture committee publishes its first report Strasbourg 18072013 - The CPT publishes today its first report on an operation of deportation of foreign nationals by air The monitoring took place in the context of an ad hoc visit to the United Kingdom from 22 to 24 October 2012 and involved the presence of a CPT delegation on a charter flight between London and Colombo (Sri Lanka) In its report the CPT concludes that ldquoeach stage of the preparation of the removal process was carefully planned and organised staff were well briefed and every effort was made for the removal to be carried out in a humane wayrdquo However the CPT makes several recommendations and comments concerning both the preparation and execution phases of such operations The main issues raised concern the use of restraint by escort staff the presence of a medical doctor (instead of a paramedic or a nurse) on
13
board removal charter flights and the need for a ldquofit to fly certificaterdquo for persons to be deported In particular the CPT recommends that efforts be made for the revised training package for overseas escorts to be accredited and implemented at the earliest opportunity In their response the UK authorities indicate that an Independent Advisory Panel on Non-Compliance Management has been recruited to assess the quality and safety of the recently revised training package developed by the National Offender Management Service As regards the presence of a medical doctor on board the authorities indicate that ldquowhere indicated by risk assessment and where appropriate a doctor will be providedrdquo On the subject of the delivery of a ldquofit to fly certificaterdquo the authorities indicate that they do not consider it necessary ldquoto positively assert in all cases that a person is fit to fly based on the reasonable assumption that this will be the case in the vast majority of instancesrdquo Other important recommendations related to the presence of interpreters throughout the whole removal process (including on board the aircraft) as well as the provision of psychological support and counselling to better prepare the persons to be deported for their removal Recommendations are also made concerning the recruitment procedure of escort staff (which should include some form of psychological assessment) as well as the measures to be taken to avoid professional exhaustion syndrome and the risks related to routine and to ensure that escort staff maintain a certain emotional distance from the operational activities in which they are involved The CPT regrets that the Sri Lankan authorities did not allow its delegation to observe the hand-over of the returned detainees to local immigration staff The Committee invites the UK authorities to expressly address the issue of the role of monitoring bodies in readmission
agreements
The CPTs visit report and the response of the United Kingdom authorities are available on the Committees website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Malta Strasbourg 04072013 ndash The CPT has published today the report on its September 2011 visit to Malta together with the Maltese authoritiesrsquo response The visit mainly focused on Corradino Correctional Facility the only prison in Malta In certain parts of the prison material conditions of detention had significantly improved since the CPTrsquos previous visit in 2008 However major shortcomings were found once again in several other areas of the establishment (in particular as regards the state of repair of cells and access to natural light) The situation was further exacerbated by the prevailing overcrowding and the lack of organised activities for many prisoners The CPT has recommended in particular that a comprehensive plan to renovate the entire prison be drawn up as soon as possible The CPT also carried out follow-up visits to Lyster and Safi Barracks the only two detention centres for foreigners which were operational at the time of the visit In its report the Committee expresses concern about the frequency and seriousness of allegations received from foreign nationals about the force used by soldiers and police officers in the context of disturbances which had occurred in August 2011 at the Safi Detention Centre it has recommended that a comprehensive inquiry by an independent body be carried out into this matter At the Lyster Detention Centre the CPT observed improvements both in terms of material conditions and activities provided to foreign nationals However the conditions under which foreign nationals were being held in the two Warehouses at Safi Barracks remained very poor Further in both detention centres the health-care services were clearly insufficient Following a brief visit to Mount Carmel Psychiatric Hospital the CPT has expressed serious misgivings about the manner in which agitated or suicidal patients had on occasion been managed It has also made a number of specific recommendations to improve living conditions in the Forensic Ward and the Ward for Irregular Migrants In their response the Maltese authorities provide information on the action taken to address the recommendations made by the Committee on the issues described above
The CPTrsquos report and the response have been published at the request of the Maltese authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee publishes the Danish Governments response to the report on the visit to Greenland (September 2012) Strasbourg 03072013 - The CPT has published today the response of the Danish Government to the report on the Committeersquos ad hoc visit to Greenland in September 2012 The response has been made public at the request of the Danish authorities In its response the Danish Government provides information on the measures taken in the light of the recommendations made by the CPTrsquo
14
The CPTrsquos report on its visit to Greenland was made public in January 2013 The response is available on the Committees website wwwcptcoeint
32 Council of Europe Commissioner on Human Rights
lsquoTurkey police violence must not go unpunished Strasbourg 872013 - ldquoAll instances of excessive use of force by the police must be fully investigated and adequately punishedrdquo said Nils Muižnieks the Council of Europe Commissioner for Human Rights at the end of a five day visit to Istanbul and Ankara during which he discussed the Gezi Park events and other human rights issues The Commissioner recalled that according to the case-law of the European Court of Human Rights the failure to effectively investigate the misconduct of security forces was a human rights violation in itself and that Turkey had been condemned on numerous occasions by the Court precisely for this reason The Commissioner had received serious allegations of human rights violations committed by law enforcement forces against demonstrators backed up by witness accounts photos videos forensic evidence as well as the number of deaths and injuries over the course of the events Most of these reports concerned excessive and improper use of tear gas and ill-treatment by police at the time of apprehension On the other hand members of the government and security forces considered that the use of force had been proportionate in view of the actions of marginal groups hijacking the demonstrations except for isolated incidents which are under investigation [hellip] The Commissioner also noted that members of certain professional groups such as doctors lawyers academics teachers media professionals expressed fear of intimidation as well as of administrative and judicial measures against them as a result of their non-violent actions during the protests The Commissioner urged the Turkish authorities to allay these fears as a matter of urgency and to ensure that any perception of reprisals is averted The Commissioner also stated that there were certain shortcomings both in the Turkish legislation concerning the right to assembly and the role of law enforcement and its application by the competent authorities ldquoThe legislation and practice puts too much emphasis on the lawfulness of demonstrations as opposed to their peacefulness contrary to the European Convention on Human Rightsrdquo stated the Commissioner adding that the overwhelming majority of demonstrators in the Gezi Park events given the total participation of 25 million had thankfully been peaceful [hellip] The Commissioner also referred to his meetings with the newly established Ombudsman Office and the Turkish Human Rights Institution stating that the latest events provided a unique opportunity for these institutions to establish their credibility in the eyes of the Turkish public He stressed that citizens with grievances should also use the Ombudsman Office for redress including for actions of the security forces during demonstrationsrsquo The Commissionerrsquos report on his visit is forthcoming Press contact in the Commissionerrsquos Office Stefano Montanari stefanomontanaricoeint
33 Summaries of selected Article 3 cases before the European Court of Human Rights June and July 2013
AGAM DNM MKH MYH AND OTHERS NANS NMB NMY AND OTHERS SA V SWEDEN (NOS 7168010 2837911 7241310 5085910 6841110 6833510 7268610 6652310)
httphudocechrcoeintsitesengPagessearchaspxfulltext[AGAMDNMMKHMYH20AND20OTHERS]documentcollectionid2[GRANDCHAMBERCHAMBER]itemid[001-121571] 27 June 2013 ndash No violation of Article 2 and or Article 3 ndash No evidence to confirm that the
applicants would be exposed to a real risk of inhuman or degrading treatment or of becoming victims of honour-related crimes in the event of extradition in southern of central Iraq (for the applicants in the cases DNM and SA) or in Kurdistan (for the applicants in the other six cases)
15
All eight cases concerned the deportation of failed asylum-seekers originally from Baghdad Mosul and Kirkuk to Iraq The applicants in the cases DNM and SA alleged that if they were to be removed to Iraq they would be at risk of becoming victims of honour-related crimes due to their relations with women whom were disproved by their families while the other six applicants alleged that they would be at risk of persecution if deported to Iraq due to being Christian a religious minority in the country The Court noted that each of the applicantsrsquo claims had been examined and rejected by the Migration Board and the Migration Court particularly because the incidents of which the applicants were victim were mostly related to general security in Iraq at the time and that the applicants were not in need of asylum in Sweden since a number of years had since passed and the level of violence had thus declined The Court took into consideration the current national and international reports available and the gradual improvement that had been made Despite the applicantsrsquo personal circumstances (cases DNM and SA) and that their belonging to a vulnerable minority (the other six cases) would risk their lives and or facilitate inhuman or degrading treatment if removed the Court held that all ten applicants could relocate to other regions in Iraq such as Kurdistan in the north (concerning the six other cases) or to southern and central Iraq (cases DNM and SA) Therefore there would be no violation of Articles 2 and 3 of the Convention if the applicants were removed in southern or central Iraq or in Kurdistan
Horshill v Greece (application no7042711) httphudocechrcoeintsitesengPagessearchaspxfulltext[Horshill]languageisocode[FRA]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122973]
Detention of an asylum seeker in Greek police stations found to be degrading treatment incompatible with Article 3 of the Convention
In the Chamber judgment in the case of Horshill v Greece (application no7042711) the European Court of Human Rights held unanimously that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights The case concerned the placement in detention of Ismail Alfateh Horshill and the conditions in which he was detained The applicant a foreign national who was due to be deported was held successively for fifteen days in two police stations after having applied for asylum Pursuant to a decree transposing a directive from the Council of the European Union into national law Ismail Alfateh Horshill who had no travel documents was placed in detention by the Greek authorities Noting that the applicant had been released from detention after a short period of two weeks the Court considered that his detention had not been arbitrary and that it could not be concluded that it had not been ldquolawfulrdquo within the meaning of Article 5 sect 1 (f) of the Convention
Vinter and Others v United Kingdom - 6606909 13010 and 389610 Judgment 972013 [Grand Chamber]
httphudocechrcoeintsitesengPagessearchaspxfulltext[vinter]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122664] Article 3 The Grand Chamber agreed with and endorsed the Chamberrsquos finding that a grossly disproportionate sentence would violate Article 3 of the Convention although that test would be met only on rare and unique occasions In the instant case the applicants had not sought to argue that their whole life orders were grossly disproportionate instead they submitted that the absence of an in-built procedural requirement for a review constituted ill-treatment not only as the Chamber had found when there ceased to be legitimate penological grounds to justify continued detention but from the moment the order was made The Court reiterated that Contracting States must be allowed a margin of appreciation in deciding on the appropriate length of prison sentences for particular crimes and must remain free to impose life sentences on adult offenders for especially serious crimes However the imposition of an irreducible life sentence on an adult could raise an issue under Article 3 In determining whether a life sentence in a given case could be regarded as irreducible the Court would seek to ascertain whether the prisoner could be said to have any prospect of release Where national law afforded the possibility of review of a life sentence with a view to its
16
commutation remission termination or the conditional release of the prisoner that would be sufficient to satisfy Article 3 There were a number of reasons why for a life sentence to remain compatible with Article 3 there had to be both a prospect of release and a possibility of review Firstly it was axiomatic that a prisoner could not be detained unless there were legitimate penological grounds for that detention The balance between the justifications for detention was not necessarily static and could shift in the course of the sentence It was only by carrying out a review at an appropriate point in the sentence that these factors or shifts could be properly evaluated Secondly incarceration without any prospect of release or review carried the risk that the prisoner would never be able to atone for his offence whatever he did in prison and however exceptional his progress towards rehabilitation Thirdly it would be incompatible with human dignity for the State forcefully to deprive a person of his freedom without at least providing him with the chance to someday regain that freedom Moreover there was now clear support in European and international law for the principle that all prisoners including those serving life sentences should be offered the possibility of rehabilitation and the prospect of release if rehabilitation was achieved Accordingly Article 3 had to be interpreted as requiring reducibility of life sentences in the sense of a review allowing the domestic authorities to consider whether any changes in the life prisoner are so significant and such progress towards rehabilitation has been made in the course of the sentence as to mean that continued detention can no longer be justified on legitimate penological grounds While it was not the Courtrsquos task to prescribe the form (executive or judicial) which that review should take or to determine when it should take place the comparative and international law materials before it showed clear support for the institution of a dedicated mechanism guaranteeing a review no later than twenty-five years after the imposition of a life sentence with further periodic reviews thereafter A whole life sentence would not measure up to the standards of Article 3 where the domestic law did not provide for the possibility of such a review Lastly although the requisite review was a prospective event necessarily subsequent to the passing of the sentence a whole life prisoner should not be obliged to wait and serve an indeterminate number of years of his sentence before he could raise the complaint that the legal conditions attaching to his sentence failed to comply with the requirements of Article 3 Whole life prisoners were entitled to know at the outset of their sentence what they must do to be considered for release and under what conditions including when a review of their sentence will take place or may be sought Consequently where domestic law did not provide any mechanism or possibility for review of a whole life sentence the incompatibility with Article 3 on this ground already arose when the whole life sentence was imposed and not at a later stage of incarceration The Government had argued before the Court that the aim of the 2003 Act was to remove the executive from the decision-making process concerning life sentences and this was the reason for abolishing the 25-year review by the Home Secretary which had existed beforehand However the Court considered that it would have been more consistent with the legislative aim to provide that the 25-year review would be conducted within a judicial frame- work rather than completely eliminated The Court also found that the current law concerning the prospect of release of life prisoners in England and Wales was unclear Although section 30 of the 1997 Act gave the Justice Secretary the power to release any prisoner including one serving a whole life order the relevant Prison Service Order provided that release would only be ordered if a prisoner was terminally ill or physically incapacitated These were highly restrictive conditions and in the Courtrsquos view compassionate release of this kind would not be what was meant by a ldquoprospect of releaserdquo in Kafkaris In light therefore of this contrast between the broad wording of section 30 and the exhaustive conditions announced in the Prison Service Order as well as the absence of any dedicated review mechanism for whole life orders the Court was not persuaded that at the present time the applicantsrsquo life sentences could be regarded as reducible for the purposes of Article 3 The requirements of that provision had not therefore been met in relation to any of the three applicants The Court emphasised however that the finding of a violation in the applicantsrsquo cases should not be understood as giving them any prospect of imminent release Whether or not they should be released would depend for example on whether there were still legitimate penological grounds for their continued detention and whether they should continue to be detained on grounds of dangerous- ness These questions were not in issue in this case and were not the subject of argument before the Court Conclusion violation (sixteen votes to one) Article 41 Finding of a violation constituted sufficient just satisfaction for any non-pecuniary damage sustained by the first applicant No claim made by the other applicants
17
4 European Union and associated bodies
41 European Union Agency for Fundamental Rights (FRA)
June 2013 the European Court of Human Rights (ECtHR) and the European Union Agency for Fundamental Rights (FRA) published a joint Handbook on European law relating to asylum borders and immigration on 11 June lsquoIt examines the relevant law in the field of asylum borders and immigration stemming from both European systems the European Union and the Council of Europe It provides an accessible guide to the various European standards relevant to asylum borders and immigration The handbook is the second joint publication of this kind following a first handbook on non-discrimination issued in 2011 It is based on the case law of the European Court of Human Rights and the European Court of Justice as well as on the relevant EU regulations and directives It is also a first point of reference on the European Social Charter (ESC) and other instruments of the Council of Europe It is designed to assist legal practitioners at national and European level including lawyers judges prosecutors border guards immigration officials and others working with national authorities as well as non-governmental organisations and other bodies that may be confronted with legal questions in any of the areas the handbook sets out to coverrsquo The handbook is available at httpfraeuropaeusitesdefaultfileshandbook-law-asylum-migration-borders_enpdf
5 News from NGOs amp general updates
51 The Association for the Prevention of Torture Geneva (APT)
lsquoRights within the EU What role for European Institutions Monday September 16 2013 ldquoThe Treaties of the European Union state that the EU is founded on the value of respect for human rightsrdquo However much remains to be done for EU institutions to properly address gross human rights violations within the EU particularly the Council of the European Union This is the message that members of the Human Rights and Democracy Network which the APT is part of have sent to the representatives of all key EU institutions The letter singles out the EU Council Working Party on Fundamental Rights and Free Movement of Persons (FREMP) which has ldquobeen largely confined to negotiating the EU accession to the European Convention on Human Rightsrdquo rather than seeking to address serious human rights abuses within the European Union The letter concludes with a set of practical and constructive recommendations to the main EU institutions including the Council Commission Parliament and the Fundamental Rights Agency including strengthening the mandate of the latter The APT supports these recommendations and calls on remaining EU states that have not yet done so to ratify the Optional Protocol to the UN Convention against Torture (OPCAT) Presently 7 members of the EU (Belgium Finland Greece Ireland Latvia Lithuania and Slovakia) are not party to this innovative treaty The APT also calls on EU states that have established or designated National Preventive Mechanisms under the OPCAT to provide them with the necessary independence and resources as well as engaging in a constructive dialogue with these institutions to meaningfully reduce the risk of abuse on persons deprived of their libertyrsquo See more at httpwwwaptchennews_on_preventionrights-within-the-eu-what-role-for-european-institutionsUjnGb-DZn4Y lsquoExcessive use of pre-trial detention in the EU Tuesday September 10 2013 The APT today co-signed a letter sent to European Commission Vice-President Viviane Reding urging the Commission to take steps aimed at reducing the excessive periods of time people spend in pre-trial detention and to increase the use of alternatives
18
Across the European Union both the use and material conditions of pre-trial detention vary considerably and can have a very detrimental impact on persons deprived of their liberty Among other issues the letter calls on the Commission to take concrete steps to establish minimum and enforceable EU standards on pre-trial detention The letter is co-signed by 22 NGOs and has been copied to various relevant European Commission actorsrsquo lsquoInstitutional culture in detention a framework for preventive monitoring This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts It is the second in a series of thematic papers on aspects of detention monitoring which have so far been under-researched and received little attention They are the result of a joint project between the APT and Penal Reform International (PRI) with financial assistance of the UK Government and the European Unionrsquo See further details at httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17 Read more on the APT website at httpwwwaptch
52 Penal Reform International (PRI)
- Institutional culture in detention a framework for preventive monitoring
This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other forms of ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts This resource from PRI and the Association for the Prevention of Torture (APT) is designed to - raise awareness among monitoring bodies of the role of culture in places of detention in the prevention of torture and ill-treatment - provide a framework for understanding culture in places of detention - outline some common cultural attitudes that can represent risk factors for torture and ill-treatment - provide some examples of processes and factors that contribute to positive culture change in places of detention httpwwwpenalreformorgresourceinstitutional-culture-detention-framework-preventive-monitoring-3
- PRI briefing on complaints mechanisms in its Justice for Children series
Part of PRIs series of Justice for Children Briefings this resource explains a childs right to complain about his or her care treatment and conditions while deprived of their liberty Upholding the right to complain is very important for giving a voice to children in detention and for ensuring that their other human rights are protected The briefing looks at the basis of this right in international and regional treaties and standards and challenges to children in fulfilling this right It identifies key elements for creating an effective complaints mechanism and provides recommendations to ensure children can achieve their right to make complaints httpwwwpenalreformorgresourcechildren-deprived-liberty-complaints
- The Guide on gender-sensitive monitoring
The Guide is now also available in Spanish
httpwwwpenalreformorgresourcewomen-detention-guide-gendersensitive-monitoring
19
6 Immigration detention and monitoring updates
61 Council of Europe Immigration Issues
611 Migration Co-ordination Division update on work in the field of asylum and immigration
Recent editions of the Migration Co-ordination Newsletter were published in July and August 2013 The Newsletter provides a glance at some of the relevant Council of Europe activities on migration asylum and integration It will be published monthly and sent electronically to interested parties As we all know migration constitutes an ever-growing concern within the field of human rights and different aspects of migration profoundly affect social well-being In the foreseeable future these issues will only grow in importance and relevance across Europe Here the Council of Europe has a lot to offer The Migration Co-ordination Division hopes that this newsletter can give readers an insight into some of the debates and migration related activities as they unfolded at the Council in the months of June July and August The Newsletters are available at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp You can subscribe to future newsletters by sending an email to migration-newslettercoeint and you can search the archives for previous newsletters at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp Ukraine Efforts to improve policies and practices of detention of foreigners Strasbourg 4 July 2013 The Ukrainian authorities are engaged in serious efforts to bring their national policy and practice with regard to the detention of migrants and asylum-seekers in line with the Council of Europe standards A recent legislative initiative to amend several legal acts governing the status and the judicial protection of foreigners and stateless persons (draft law No 2743) emphasises the commitment of the Ukrainian government to ensure a judicial review of decisions depriving foreigners of their right to liberty The Council of Europe Migration Co-ordinator Christos Giakoumopoulos said the amendments which are currently examined by the Ukrainian parliament (Verhovna Rada) are an important step in ensuring compliance with Council of Europe norms as they are clearly inspired by the recommendations of the Committee of Ministers of the Council of Europe Moreover he said these amendments constitute a positive development in the process of the implementation of several judgements of the European Court of Human Rights such as for example the Soldatenko v Ukraine group of cases and the case of Nowak v Ukraine in which Ukraine was found in breach of the European Convention of Human Rights on account of unlawful detentions and lack of judicial control
62 Council of Europe Parliamentary Assembly (PACE) Migration Committee
Assistance to Syrian refugees after Lebanon PACE rapporteur continues visit to Turkey lsquoStrasbourg 21082013 ndash Jean-Marie Bockel (France EPPCD) who is preparing a report for the Parliamentary Assembly of the Council of Europe (PACE) on international assistance for Syrian refugees in Jordan Turkey Lebanon and Iraq today begins a fact-finding visit to Turkey (21 to 22 August 2013) following on from a visit to Lebanon (19-20 August) In Hatay (21-22 August) Mr Bockel will meet the Governor of Hatay and Turkish government officials ndash including from the Disaster and Emergency Management Presidency in the Prime Ministersrsquo Office ndash as well as representatives of the Red Crescent in Turkey He will also visit a local centre where refugees are accommodated and will speak to local residents about the impact of the refugee influx on the local community In Lebanon Mr Bockel met Syrian refugees in Alaawi (South Lebanon) and Ketermaya (Mount Lebanon) and discussed their situation with representatives of the UN High Commissioner for
20
Refugees and other NGOs working in the field During these exchanges of view he drew the authoritiesrsquo attention in particular to the situation of women and children Mr Bockelrsquos report is a follow-up to a current affairs debate held by the Assembly on this topic in April 2013rsquo For more details see httpassemblycoeintASPNewsManagerEMB_NewsManagerViewaspID=8977ampL=2
7 NPM discussion topic No 1 ldquothe monitoring of sobering-up detentionrdquo
71 Introduction
The thematic section for this Newsletter is on the experiences of NPMs regarding sobering-up detention The Polish NPM is currently preparing a thematic report and a conference regarding sobering-up stations and is looking for comparative experiences of monitoring such places from other CoE region NPMs In Poland these are institutions where drunk individuals are detained until they get sober for no longer than 24 hours In these places there is a non-stop medical service given to those people Those individuals are escorted there by the police because of their behaviour in public or at home The Polish NPM questions to the European NPM Network are
- how in your countries is the problem of care given to drunk people is solved - Where are drunk individuals placed (detained) if they are stopped by the Police - Can they leave those places anytime or they have to stay there till they are sober - What kind of care is given to them
The overview of responses to these questions form the European NPM Network members is below
72 Overview of responses from the European NPMs
- Response from the NPM of Luxembourg lsquoIn Luxemburg we have a very similar law regarding public drunkenness Following article 28 of the modified law from June 29th 1989 people that in a state of drunkenness cause public disorder or are likely to be harmful for themselves or others can be arrested by the police without intervention of a judge or an attorney for no longer than 24 hours Once arrested this people benefit from the full range of rights guaranteed to any other arrested person for criminal reasons (right to immediate assistance of a lawyer or consular assistance for foreigners right to call a family member inventory of their belongings fresh water supply etchellip) As for any other detainee the privation of liberty can only take place after a medical visit that generally takes place at the police station The surgeon in charge has to establish a written document stating that the concerned person does not present any corporal AND mental diseases making detention inappropriate or potentially harmful During the detention time those persons are under close survey (continuously by video and physically every hour at least all those verifications have to be noted down in real time indicating the time of control and the name of the controlling officer in a registry that is accessible at any time to the NPM and to the Inspectorate general of the Police) The Luxemburgish NPM already conducted several visits to police stations especially during the weekend nights Generally there was no noticeable problem The average time of privation of liberty cannot exceed 24 hours practically the detention time is very rarely superior to 6 hours In general people picked up during the night are released in the early morning hours The maximum time encountered by the Luxemburgish NPM was 165 hours immediately followed by a detention time of 825 hours There is no continuous medical survey in Luxemburg in case of a medical urgency people are immediately transferred to the next hospital which practically never happened until today as people with severe intoxications are detected by the medical visit prior to detention and are immediately transferred to a hospital
21
People arrested in Luxemburg on the legal basis above cannot leave the police station by their own decision liberation is depending upon the decision of the commanding police officer of the concerned station We also have another legal basis article 37 of the modified Police-law from May 31st 1999 entitling the police to arrest under the same conditions and restrictions as above anybody who by his ldquofoolishrdquo (insenseacute en french) behavior in public is likely to be harmful for himself or for others even without consumption of alcohol or drug abusersquo
- Response from the NPM of Slovenia
lsquoIn Republic of Slovenia there are no lsquosobering-up stationsrsquo per se However the police may order and carry out detention of a person under the influence of alcohol in certain cases for example as defined in the Minor Offences Act according to which (also) police officers may order detention when the perpetrator is caught committing minor offence under the influence of alcohol or other psychoactive substances and there is danger that (s)he will continue to commit minor offences such detention (which is not the only possible one involving the police) takes place in detention rooms at police stations and can last until the perpetrator becomes sober or capable to control behavior - but no longer than 12 hours Regarding lsquocare given to drunk peoplersquo in police detention ndash first of all police officers are bound to make sure that detained person gets medical aid if needed (injuries signs of alcohol poisoninghellip) or if the person demands so - this can be provided by medical personnel coming to place of detention itself or by taking the person to proper institution Police officer carrying out the detention is actually bound to take care of safety in general of the detained person for the duration of detention at least regular physical supervision is necessary but most often technical (audio and video) is provided too Drinkable water must be provided at all times and generally also one cold meal If the person is brought in wearing wet or in any other way unsuitable clothing (given the season weather conditionshellip) police officer must provide the person with proper clothes or footwear for the duration of the detention Certain standards are prescribed for the detention rooms themselves also ndash in cases of detention of up to 12 hours the floor shall not be slippery air temperature shall not be under 18 degrees Celsius in any case the room shall be equipped with toilet facilities unbreakable wash-hand basin and fixed bed with impermeable inflammable and untearable pillow and two blankets All circumstances regarding the detention (condition of the person carried out physical supervisions provided clothing food etc) are to be also carefully documentedrsquo
- Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo
lsquoIn our Law of Police is regulated this question The police officer may detain a person under the influence of alcohol or other psychoactive substances under terms and conditions determined by special law and the detention can last up to 8 hours With this article is limited time of detention because for criminal acts detention in police station is maximum 24 hours ( 12 hours for juveniles) Person under the influence of alcohol has the same rights like other detainees We dont have special places for detention of intoxicated people and police use regular detention places in the police stations Pursuant to the Rulebook on the Manner of Performance of Police duties and the Standard Operating Procedures for Detention and Treatment of Detainees the head of shift (police officer for admission) is responsible for admission of persons giving advice on realization of hisher rights including continuous monitoring during the detention for the purpose of ensuring the detained personsrsquo safety in the police station So people who are detained in Police station have right for food and water right to an attorney and informing the family right to medical assistance The shift manager is obligated to assess the health status of detained persons upon admission and record the same in the detention report The shift manager records any visible injuries visible signs of illness influence of alcohol or psychotropic substances thereby assessing whether medical attention is required In case of serious injuries or if the detainee complains for pain or injuries the right to medical assistance is of priority and it is undertaken before any other activity For most of the police stations it was concluded that in cases when there is higher blood alcohol content among the detainees a doctor was not called by the shift manager and in that line the NPM gave a recommendation that a doctor should be called no matter whether the person asks for medical assistance This should be made in order to act in line with the temporary protection of the health of the person deprived of liberty
22
In our report for 2012 we have thematic part about People detained in police stations ndash alcohol abusers Here is our opinion The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed In four of the folders for detainees in PS ____ it was assessed that the people were drunk in the limits of 1 50 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officers Regarding your questions in my country we dont have special places for drunk people and they are placed in police station in period of 8 hours without possibility to leave before they sober up and permission by head of shift If they have visible injuries or ask for medical help its called doctor but we suggested hat the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of libertyrsquo
- Response from the NPM of Georgia
lsquoSince the Soviet period Georgia had no special institution for drunken individuals According to the Georgian legislation being under the influence of alcohol per se doesnrsquot constitute an infraction Although last year in one region Akhalkalaki the Georgian NPM revealed a vicious practice ndash drunken individuals were detained by the police and held in a police station without being registered in any special registry until next morning The fact has been mentioned in the Public Defenderrsquos Report for 2012 and the abolition of this kind of practice has been recommended to the Minister of Internal Affairs In general if a detained person has any kind of medical concern an officer in charge calls the emergency service the detainee could even be transferred to hospital for example in case of acute alcoholic intoxicationrsquo
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo
81 Introduction
The Luxembourg NPM contacted the European NPM Network regarding vulnerable groups in prison as it is about to prepare a mission on its national prisons specially focused on the respect of the rights and the treatment of particularly vulnerable categories of prisoners and wanted to draw upon other comparative NPM experiences The NPM was in particular focused on the following categories vulnerable groups middot lsquoPrisoners living in detention without interruption for more than 10 years middot Prisoners recently condemned to a sentence of 15 years minimum middot Prisoners recently condemned to a very short sentence (9 months maximum) middot Older prisoners minimum age of 55 years
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
3
INTRODUCTION
The European NPM Newsletter is a review of information deemed relevant for National Preventive Mechanisms against torture (NPMs)
1 in the Council of Europe region
The publication of the European NPM Newsletter was part of the ldquoEuropean NPM Projectrdquo (2010-2012) which was funded by a joint European Union - Council of Europe Project entitled the ldquoPeer-to-Peer II Projectrdquo with co-funding from the Human Rights Trust Fund
2
Its continuation is now ensured by the Migration Co-ordination Division of the Directorate of Human Rights and Antidiscrimination Directorate General of Democracy (DG II) of the Council of Europe The European NPM Newsletters are prepared by Francesca Gordon of Silvia Casale Consultants London under the aegis of the above-mentioned Council of Europe entity The purpose of the Newsletter is to keep the NPMs aware on an on-going basis of developments regarding their community and thus to nurture an active network of European NPMs Each Newsletter issue covers retrospective news and information about the NPMs of the European NPM Network including updates regarding the establishment the legislative bases and the functioning of NPMs in the Council of Europe region In addition each Newsletter issue presents a thematic discussion considered to be of topical concern for the European NPM Network NPMs are cordially invited to give input in the European NPM Newsletter by sending information they wish to see circulated or by contributing to the discussions in it To do so please contact Francesca Gordon author of the NPM Newsletter at fgordoncescaonlinecom The Newsletter is sent to subscribers electronically by Deacuteborah Lefebvre of the Migration Coordination Division in Strasbourg Should you wish to subscribe or unsubscribe please send an email to deborahlefebvrecoeint The Migration Coordination is responsible for the selection of news items and drafting of case summaries presented in the Newsletter Other contributors are responsible for materials sent in for inclusion in the Newsletter from the European NPM Network The compilers of the Newsletter retain the discretion to make linguistic changes for clarity if necessary Observations and proposals as to the format of the Newsletter are very welcome We hope that you will find this European NPM Newsletter to be of use and interest Markus Jaeger Head of the Migration Co-ordination Division Directorate of Human Rights and Antidiscrimination Directorate General of Democracy (DG II) Council of Europe
1 As foreseen by the Optional Protocol of the UN Convention Against Torture (OPCAT) OPCAT obliges State parties to set up
an NPM within one year of ratification 2 The Human Rights Trust Fund (HRTF) was established in March 2008 as an agreement between the Ministry of Foreign
Affairs of Norway as founding contributor the Council of Europe and the Council of Europe Development Bank Five countries joined Norway in the fund Germany and the Netherlands from the start Finland Switzerland and recently the United Kingdom (Deacuteborah please put address of web site here in brackets)
4
1 European NPM Network
11 News from the NPMs
111 NPM of the Czech Republic
lsquoBetween 2013 and 2014 the Czech NPM (the Public Defender of Rights) focuses its attention on the prevention of ill-treatment in social care institutions providing services to elderly people (particularly those suffering from dementia) In the preparations for the inspections the NPM team together with convened experts determined crucial issues to be observed including nutrition and malnutrition pain control depression and consideration of the specific features of dementia disorder Furthermore it is examined whether an individualrsquos stay in the institution is voluntary and whether his fundamental rights are guaranteed Presently the systematic visits of social care institutions (such as old peoplersquos homes and homes with special regime) are carried out Consequently their results and the recommendations of the Public Defender will be published Nevertheless the whole process is very time-consuming including meeting experts and arranging a conference In order to use the knowledge gained from the systematic visits inform the public as soon as possible and strengthen the preventive effect the Public Defender published a document comprising of generalized extracts of the yet issued reports addressed to particular facilities indicating recurring problems and reasoning of the Public Defender including references to expert resources Providers of social care institutions for elderly people can use this material as guidance for the prevention of ill-treatment Related to the issue of ill-treatment in the social care facilities the Public Defender also observed a problem of poor availability of the social service of this kind During its inspections the Czech NPM has met many old people staying in hospitals due to the lack of social service facilities that would offer them a sufficient care They live in makeshift conditions facing administrative obstacles To make his observations complete the Public Defender analyzed online presentations of old peoplersquos homes established by regions (higher-level territorial administrative units) The analysis proved that public facilities of this kind often deter ldquounwantedldquo seniors (individuals without funding suffering a mental disorder etc) and use unclear selection criteria The activities of the Czech NPM in 2012 are described in a separate chapter of the Public Defenderrsquos Annual Report Releasing of the English version is expected it will be available on the website httpwwwochranceczenreportsreportsrsquo For further details please contact Marie Lukasovaacute at lukasovaochrancecz
112 NPM of Germany
The German version of the 2012 Annual Report of the German NPM is now available The German NPM is working on an English translation For more details or a copy please contact Jan Schneider Nationale Stelle zur Verhuumltung von Folter at janschneiderantifolterstellede Discussions are also underway as to the possible establishment of a Network of German Speaking NPMs For more details please contact Jan Schneider Nationale Stelle zur Verhuumltung von Folter at janschneiderantifolterstellede
113 NPM of Hungary3
Ombudsmanrsquos view on illegal control of a prisonerrsquos letter lsquoA detainee in Balassagyarmat Prison claimed that disciplinary procedure was initiated against him in the institution because in his letter he wrote disrespectful words against a judge at the
3 Designated but in opeartion from 2015 for more details see httpwwwaptchenopcat_pagesnpm-
designation-25
5
Balassagyarmat District Court The Ombudsmans investigation found that pursuant to the decree of the Minister of Justice the letters of detainees addressed to authorities cannot be checked A letter written to the court shall not be read by any prison officers therefore a disciplinary proceeding could have not been initiated against the detainee based on his letter The head of prison might have discovered the obvious infringement and should have terminated the proceeding at first instance However the disciplinary proceeding ended only at second instance by the Deputy Commander The Ombudsman also pointed out that the European Court of Human Rights had previously decided against Hungary because a penitentiary institution checked one prisonerrsquos correspondence with the court in Strasbourg The Commissioner for Fundamental Rights noted that Balassagyarmat Prison had seriously infringed the prisonerrsquos privacy as well as his right for communication Therefore he recommended to the Director General of the Hungarian Prison Service to take actions to prevent similar abuses in the future as well as to avoid checking the prisonersrsquo contacts with the authorities human right defenders or legal representativesrsquo For further details please contact The International Ombudsman Institute | General Secretariat co Austrian Ombudsman Board Singerstrasse 17 A-1015 Vienna PO Box 20 mail ioivolksanwgvat or the Office of the Commissioner for Fundamental Rights Hungary
114 NPM of Poland
The Polish NPM has recently published its annual report for 2012 For further details or a copy please contact Marcin Kusy Office of the Human Rights Defender of the Republic of Poland at mkusybrpogovpl
115 Lithuania Seimas Ombudsmanrsquos office
lsquoOn 16 April upon the nomination of the Speaker the Seimas (Parliament) appointed Augustinas Normantas to investigate activities of officials of state institutions and agencies instead of investigation of activities of officials of municipal institutions and agencies that he has been responsible for since 2005 On 23 April the Seimas appointed Raimondas Šukys a former parliamentarian minister of the interior and health to the position of the Seimas Ombudsman He was nominated by the Speaker of the Seimas Mr Šukys was appointed to investigate activities of officials of municipal institutions and agencies On 25 April a newly appointed Seimas Ombudsman swore an oath in the Parliament On the same day at the secret ballot the Seimas Ombudsman Dr Augustinas Normantas was appointed to the position of the head of the Seimas Ombudsmenrsquos Office [hellip] Following change of the Seimas Ombudsman the institution started to implement organisational-structural and activity-related changes following which a new structure of the Office was approved groups of Advisers to the Seimas Ombudsmen formed distribution of areas of activities performed and a Human Rights Division as a separate administrative unit established Arminas Lydeka the former Chairman of the Seimas Committee on Human Rights was appointed to the position of the head of the newly established Human Rights Division [hellip] Another significant change is that the draft Law amending the Law on the Seimas Ombudsmen which provides for additional functions of the Seimas Ombudsmenrsquos Office that are necessary to become a national human rights institution as well as national preventive mechanism which would perform prevention of torture and other cruel inhuman or degrading treatment or punishment in closed detention institutions under the OPCAT is submitted to the Seimas of the Republic of Lithuania It should be noted that the Seimas Ombudsmenlsquos Office carries out the prevention of torture and other cruel inhuman or degrading treatment or punishment in closed detention institutions even now and also performs to a limited extent the functions attributable to a human rights institution however after the Seimas of the Republic of Lithuania ratifies the Optional Protocol and approves the new wording of the Law on the Seimas Ombudsmen it will be possible to implement these functions to the full extentrsquo For more information contact The International Ombudsman Institute | General Secretariat co Austrian Ombudsman Board Singerstrasse 17 A-1015 Vienna PO Box 20 mail ioivolksanwgvat
6
2 United Nations
21 UN Sub-Commitee on Prevention of Torture (SPT) and OPCAT news
211 SPT visits
2111 SPT advisory visit to the NPM of Armenia
lsquoSPT delegation visits Republic of Armenia to strengthen the national capacity to prevent torture Yerevan 6 September 2013 ndash The United Nations Subcommittee on Prevention of Torture concluded today its first visit to the Republic of Armenia The purpose of the visit which took place from 3 to 6 September 2013 was to provide advice and technical assistance to the Armenian National Preventive Mechanism (NPM) The NPM is the mechanism for the prevention of torture in conformity with article 11 of the Optional Protocol to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment During its visit to Armenia the Subcommittee met with Government officials non-governmental organizations United Nations representatives as well as with the Armenian NPM The Subcommittee devoted most part of its visit to a capacity building exercise of the Armenian NPM through substantive meetings with the Torture and Violence Prevention Division of the Human Rights Defenders Office and the Torture Prevention Expert Council as well as a number of joint visits to places of deprivation of liberty UN experts had the opportunity to assess first-hand the needs and current challenges of this Armenian organ for the prevention of torture and ill-treatment At the conclusion of the visit the head of the delegation stated The SPT held working meetings with State authorities civil society and particularly the Armenian NPM and joined the latter in its visits to several places of detention The SPT recognizes the steps Armenia has made regarding the prevention of torture and will advise on measures necessary to further this task In the adoption of these the SPT remains available to provide the Republic of Armenia and its National Preventive Mechanism all relevant support and advice The Subcommittee will submit separate confidential reports to the Government of the Republic of Armenia and to the Armenian NPM containing its observations and recommendations arising from the visit The SPT delegation to the Republic of Armenia consisted of the following members Ms Mari AMOS (head of the delegation) Mr Miguel SARRE IGUIacuteNIZ and Mr Viacutector MADRIGAL-BORLOZ The delegation was supported by the UN Resident Coordinator and Representative of UNDPrsquo For more information on the mandate of Subcommittee please visit httpwww2ohchrorgenglishbodiescatopcatindexhtm
212 Recent OPCAT events
Norway ratified the OPCAT on 27 June 2013
213 Forthcoming OPCAT events
SPT visit to Peru to be conducted on 10-20 September 2013 SPT 21st session will be held on 11-15 November 2013
214 SPT Call for information on reprisals
The United Nations Subcommittee on Prevention of Torture (SPT) is developing a policy on reprisals The term ldquoreprisalsrdquo is understood to mean those acts or omissions by an authority or
7
official of a State Party visited whereby the aforementioned authority or official carries out permits or tolerates ldquoany sanction against any person or organization for having communicated to the Subcommittee on Prevention or to its delegates any information whether true or false and no such person or organization shall be otherwise prejudiced in any wayrdquo (Article 15 of the Optional Protocol to the Convention against Torture- OPCAT) The SPT is therefore calling for written contributions to assist its reflections on reprisals Submissions should be provided within 2 months ie by 30 August 2013 at the following e-mail address opcatohchrorg
22 UN Committee against Torture (CAT)
221 Recent events
2211 CAT Committee 50th Session
The CAT Committee held the 50th session from 6 May to 31 May 2013 and adopts Concluding Observations on Reports of Bolivia Estonia Guatemala Japan Kenya Mauritania the Netherlands and the United Kingdom lsquoThe Committee against Torture today concluded its fiftieth session after adopting its concluding observations and recommendations on the reports on the implementation of the provisions of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment in Bolivia Estonia Guatemala Japan Kenya Mauritania the Netherlands and the United Kingdom The Committeersquos concluding observations and recommendations on the country reports will be available on the website of the Office of the High Commissioner for Human Rights this afternoon In its concluding meeting the Committee also adopted on its annual report to the United Nations General Assembly orally presented by Nora Sveaass Committee Rapporteur and its programme of work for future sessions In addition to the consideration of country reports during this session the Committee marked its twenty-fifth anniversary by holding two panel discussions on 7 May focused on the identification of its main achievements and challenges and on the obligations of States parties with regards to redress for victims of torture in light of the Committeersquos General Comment 3 on Article 14 of the Convention against Torture The Committee also met with the Subcommittee on the Prevention of Torture to discuss areas of collaboration between the two bodies and its President Malcolm Evans presented the Subcommitteersquos annual report The Committee also held a meeting with States parties to exchange views on the activities of the Committee and developments in its methods of work In a meeting with non-governmental organizations the Committee discussed ways to enhance cooperation in the implementation of the Convention In closed meetings the Committee also considered information appearing to contain well-founded indications that torture was systematically practised in some States parties and met separately with the delegation of Romania to discuss a delay in the entry into force of the Optional Protocol to the Convention and the establishment of its national preventive mechanism The next session of the Committee against Torture will be held from 28 October to 22 November 2013 during which it will review the reports of Andorra Belgium Burkina Faso Kyrgyzstan Latvia Mozambique Poland Portugal and Uzbekistanrsquo The programme and reports are available at httptbinternetohchrorg_layoutsTreatyBodyExternalSessionDetails1aspxSessionID=790ampLang=en
222 Recent CAT Committee examination of country reports
2221 Estonia
lsquoThe Committee against Torture today concluded its consideration of the fifth periodic report of Estonia on how it implements the provisions of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Introducing the report Margus Sarapuu Secretary-General of the Ministry of Justice of Estonia said that the 2011 amendments to the Criminal Procedure Code expedited judicial proceedings while the
8
Guidelines for the Development of Criminal Policy until 2018 adopted by Parliament provided for expedited pre-trial procedures in criminal matters regarding minors Further amendments of the Code of Misdemeanour Procedure would be implemented in order to increase its expedition and efficiency lessen bureaucracy and enhance the fundamental rights of persons The revision of the Penal Code was currently being undertaken and a section on domestic violence was added in the draft Trafficking in human beings had been criminalized in April 2012 and its definition was fully aligned to the United Nations Palermo Protocol Committee Experts commended Estonia for the measures it had taken to reduce the length of criminal proceedings and address prison overcrowding domestic violence and trafficking in persons They inquired about the amendment of the Penal Code and the progress in aligning the definition of torture with the Convention against Torture the ratification of the Optional Protocol and establishment of the national preventive mechanism and about the investigation of past crimes of torture and ill treatment and holding perpetrators accountable Other issues included detainee complaints received by the Chancellor of Justice and how those and complaints about poor conditions in punishment cells in prisons and in the immigrants expulsion centres were addressed treatment of asylum seekers penalties meted out to those convicted of human trafficking and help provided to their victims Responding to the questions and comments raised by the Committee members yesterday 22 May and today the delegation said that the ongoing revision of the Penal Code would bring the definition of torture in line with article 1 of the Convention against Torture this draft law together with the revised Code of Misdemeanour Procedures aimed at making the procedure more clear and the new Child Protection Act criminalizing all forms of corporal punishment against children would be presented to Parliament by the end of the year Screening procedures for asylum applicants were conducted under the international protection procedure regulated by the Act on Granting International Protection to Aliens the requirements for the determination of refugee status set in the legislation met those of the 1951 Convention relating to the Status of Refugees and the Dublin regulations Estonia still did not have an accredited national human rights institution but those functions were performed by the Chancellor of Justice The delegation of Estonia consisted of representatives from the Ministry of Justice Ministry of the Interior and the Permanent Mission of Estonia to the United Nations Office at Geneva The next public meeting of the Committee will be at 10 am on Friday 31 May when it will adopt its concluding observations and recommendations on the country reports considered during the session and then conclude the sessionrsquo The fifth periodic report of Estonia can be read via the following link httpwww2ohchrorgenglishbodiescatdocsCATCEST5_epdf For more information please see httpwwwohchrorgenNewsEventsPagesDisplayNewsaspxNewsID=13349ampLangID=E
2222 Japan
lsquoThe Committee against Torture today concluded its consideration of the second periodic report of Japan on how it implements the provisions of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Introducing the report Hideaki Ueda Ambassador in charge of Human Rights and Humanitarian Affairs at the Ministry of Foreign Affairs of Japan said that Japan had taken steps and measures to ensure appropriate interrogation and examination procedures both by prosecutors and police officers In 2009 it established an expert committee to ensure transparency of the treatment and improve management at immigration detention facilities Japan became a State party to the Rome Statute in 2007 which was a clear demonstration of its resolve to end impunity for the perpetrators of the most serious crimes of concern to the international community including torture In December 2009 the Action Plan to Combat Trafficking in Persons had been adopted which promoted coordinated measures of prevention elimination and protection by relevant ministries and agencies Committee Experts were concerned about the terminology in the Japanese legislation regarding torture and wondered whether it covered the whole range of acts of torture and cruel inhuman or degrading treatment or punishment Experts noted that Japan had increased the capacity of prisons and wished to hear more about steps to address overcrowding and living conditions in places of
9
detention particularly in womenrsquos prisons Inmates on death row spent a long time waiting for the execution which would then often be carried out without much prior warning Committee Experts also spoke about solitary confinement in prisons spousal violence and violence against women incidence of trafficking in human beings and data on investigations and prosecutions the complaints system for women victims of violence and steps to deal with impunity for crimes committed during World War II prosecute those responsible and provide compensation to victims Responding to questions and comments raised by the Committee members yesterday 21 May and today the delegation said that there was an absolute constitutional prohibition of infliction of torture and cruel punishment by public officials and confessions extracted under compulsion torture or a prolonged period of detention were not admissible in courts In April 2008 the Public Prosecutionrsquos office had announced a policy to ensure appropriate interrogation including the right of a suspect to a counsel all those who could not afford one and were charged with serious crimes were provided with a counsel paid for by the State The notification of the execution of capital punishment was done shortly before the execution itself to avoid inflicting mental pain and families were informed immediately upon the execution The number of detainees in prisons was on the decline which contributed to reducing overcrowding and Japan would continue to undertake measures to further reduce it and improve living conditions in prison facilitiesrsquo The second periodic report of Japan can be read via the following link httpwww2ohchrorgenglishbodiescatdocsCATCJPN2_enpdf
23 UN Special Rapporteur against torture
lsquoThe United Nations Special Rapporteur against torture and other cruel inhuman and degrading treatment or punishment Juan E Meacutendez has recently published his latest thematic report on the revision of the Standard Minimum Rules for the Treatment of Prisoners (SMRs) The report will be presented during the 68th session of the United Nations General Assembly on 22 October 2013 and represents a significant contribution to the ongoing review process of the SMRs coordinated by the UN Office of Drug Control and Crime Prevention (UNODC) with the active participation of many States and civil society organizations For the preparation of the report the Special Rapporteur held an expert meeting in Oxford UK on 10 July 2013 on ldquothe review of the UN Standard Minimum Rules for the Treatment of Prisonersrdquo co-organized by the OHCHR the American University Washington College of Lawrsquos Center for Human Rights and Humanitarian Lawrsquos Anti-Torture Initiative and the Institute of Human Rights for Future Generations University of Oxford The review process is intended to reflect critical developments in international human rights law since the 1957 adoption of the SMRs and to enhance the ability of the SMRs to serve as a useful tool for States and civil society to protect and uphold the rights of persons deprived of their liberty In contributing to this process the report reflects on several areas targeted for reviews and analyzes their interplay with the international prohibition of torture and ill-treatment through the identification of the procedural standards and safeguards that States are obliged to implement to all situations of deprivation of liberty In this sense the report highlights the importance of including an explicit condemnation of torture and ill-treatment in accordance with Art 4 of the Convention against Torture and of considering the principle of humane treatment and respect for inherent dignity as the starting point for any consideration regarding policy making related to persons deprived of liberty In this regard the report sets specific standards regarding pre-trial detention access to counsel and appropriate medical assistance the limits on the use of solitary confinement and the safeguards States must implement during disciplinary procedures and punishments In particular the report highlights the importance of establishing independent complaint and oversight mechanisms such as National Preventive Mechanisms in accordance with the Optional Protocol to the Convention against Torture as a necessary tool to combat and prevent impunityrsquo
24 UN Jurisprudence
Latest Jurisprudence of UN Treaty Bodies is now available The cases law adopted at the last session of the HRC CERD CEDAW and CRPD are available on-line in the six UN official languages In order to ease access to the jurisprudence on individual cases additional information is now available such as the articles invoked the subject matter the procedural issues and the outcome bull Latest jurisprudence adopted by the treaty bodies
10
Human Rights Committee httpwww2ohchrorgenglishbodieshrcHRCommitteeCaseLawhtm Committee on the Elimination of Racial Discrimination httpwww2ohchrorgenglishbodiescerdjurisprudencehtm Committee on the Elimination of Discrimination against Women httpwww2ohchrorgenglishlawjurisprudencehtm Committee on the Rights of Persons with Disabilities httpwwwohchrorgENHRBodiesCRPDPagesJurisprudenceaspx Committee against Torture (soon in the new format) httpwww2ohchrorgenglishbodiescatjurisprudencehtm
3 Council of Europe
31 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
lsquoCouncil of Europe anti-torture Committee publishes report on Latvia Strasbourg 27082013 ndash The CPT has published today the report on its visit to Latvia carried out in September 2011 The report has been made public at the request of the Latvian authorities together with their responses In the course of the 2011 visit the CPTrsquos delegation received a number of allegations from detained persons of physical ill-treatment by the police (consisting mainly of punches kicks and inappropriate use of truncheons) at the time of apprehension and during questioning Some of these allegations were corroborated by the delegationrsquos own medical observations and other medical evidence The CPT concludes in the report that persons in police custody continue to face a certain degree of risk of being subjected to ill-treatment and calls on the Latvian authorities to exercise constant vigilance in this area As regards conditions of detention in police establishments the Committee emphasises that the conditions in some of the detention facilities visited were so poor that they could be considered as amounting to inhuman and degrading treatment In their response the Latvian authorities refer to training and education programmes offered to police officers on various subjects including the prohibition of torture and inhuman or degrading treatment interrogation techniques and the use of physical force special means and weapons Information is also provided on measures taken to improve material conditions in several police detention facilities As regards the situation in prisons the vast majority of prisoners interviewed made no allegations of physical ill-treatment by staff nevertheless some allegations were received in particular at Jelgava Prison It transpired that inter-prisoner violence was a problem in all the establishments visited in the Committeersquos view certain factors contributed to this phenomenon including large-capacity accommodation units cramped conditions in multi-occupancy cells (and consequential stress among prisoners) limited possibilities for most prisoners to occupy themselves and insufficient staffing levels As for the provision of health care to prisoners a number of major shortcomings (eg insufficient health-care staff severe shortage of medication problematic access to specialist care etc) were observed with many inmates being denied effective health care Particular attention is paid in the report to the situation of life-sentenced prisoners The CPT commends the steps taken by the Latvian authorities to improve material conditions of detention for this category of inmates and to develop a regime of activities for life-sentenced prisoners on the medium and high regime levels However the regime applied to life-sentenced prisoners on the low regime level (about 65 percent of all such prisoners) remains very impoverished the vast majority of them being confined to their cells for up to 23 hours per day Further the Committee stresses once again that it can see no justification for the systematic handcuffing of almost all life-sentenced prisoners whenever they were escorted inside the prison it calls upon the Latvian authorities to carry out a proper individual risk assessment in respect of these prisoners with a view to adjusting the security measures applied to them accordingly In their response the Latvian authorities provide information on the measures they have taken or intend to take in order to address the recommendations made by the CPT on the issues described above The report also examines the treatment and living conditions of patients at a psychiatric clinic and of residents at a social care home as well as the legal safeguards in the context of admission procedures The CPTrsquos visit report and the responses of the Latvian authorities are available on the Committees website wwwcptcoeint
11
Council of Europe anti-torture Committee publishes the Dutch Governments response to the report on the 2011 visit Strasbourg - 21082013 - The CPT has published today the response of the Dutch Government to the report on the CPTs most recent visit to the Netherlands in October 2011 The response has already been made public by the Dutch authorities The CPTs report on the 2011 visit to the Netherlands was published in August 2012 The response is available on the Committeersquos website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Georgia Strasbourg 31072013 ndash The CPT has published today the report on its November 2012 ad hoc visit to Georgia together with the Georgian authoritiesrsquo response High-level talks held during the CPTrsquos visit mainly focused on the effectiveness of criminal investigations launched following the publication on 18 September 2012 of video material containing scenes of apparent serious ill-treatment of prisoners by staff in certain penitentiary establishments The legislative administrative and other steps being taken (and planned) by the Georgian authorities in respect of the countryrsquos prison system were also discussed In its report the CPT welcomes the wide-scale prison amnesty while stressing that the problems of prison overcrowding and prison population inflation cannot be addressed in a comprehensive and lasting way through the use of such exceptional measures a strategy for the sustainable reduction of the prison population should include a variety of steps to ensure that imprisonment really is the measure of last resort The CPT has also made several recommendations concerning the two prisons visited by the delegation (in Gldani and Kutaisi) and on other issues related with the prison system especially the prison health-care services In their response the Georgian authorities provide information on the progress and outcome of the above-mentioned criminal investigations as well as on measures being taken to reform the Georgian prison system Those measures include steps to further reduce the prison population renovate existing prisons and build new establishments develop the programmes of activities for both sentenced and remand prisoners and improve prison staff training The response also contains information on the Strategy and Action Plan for Prison Health-care Reform for the period 2013 ndash 2014 The CPTrsquos report and the response have been published at the request of the Georgian authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee visits the Russian Federation Strasbourg 23072013 ndash A delegation of the CPT carried out an ad hoc visit to the Russian Federation from 9 to 19 July 2013 The main objective of the visit was to review the implementation of recommendations made after previous visits regarding the treatment of persons deprived of their liberty by law enforcement agencies For this purpose the delegation interviewed numerous detained persons who had recently been or were still in the custody of the police or other law enforcement agencies it also examined relevant documentation including investigation files concerning complaints about ill-treatment by staff of those agencies In the course of the visit the delegation held consultations with Alexandr GOROVOY First Deputy Minister of Internal Affairs and Maxim TRAVNIKOV Deputy Minister of Justice as well as with other senior officials of the above-mentioned Ministries at both the federal and regional level Meetings were also held with senior officials of the Federal Service for the Execution of Punishments (FSIN) and the Federal Drug Control Service (FSKN) Further in Moscow and in most of the regions visited the delegation met senior officials of the Investigative Committee of the Russian Federation The delegation visited the following places of deprivation of liberty Police establishments Republic of Bashkortostan - Temporary Detention Centre (IVS) of the City Internal Affairs Department Ufa - IVS at the Police Division No 5 Ufa - Police Divisions Nos 1 4 6 and 7 Ufa - Blagoveshchensk District Internal Affairs Department Novosibirsk Region - IVS of the City Internal Affairs Department Novosibirsk - Police Divisions Nos 2 4 and 7 Novosibirsk Omsk Region - IVS of the City Internal Affairs Department Omsk - Police Divisions Nos 2 and 9 Omsk - Division of the Ministry of Internal Affairs for Omsk City District - Special Reception Centre for Persons under Administrative Arrest Omsk
12
Sverdlovsk Region - IVS of the City Internal Affairs Department Yekaterinburg - Police Divisions Nos 1 4 5 14 and 15 Yekaterinburg Federal Drug Control Service establishments - FSKN Directorate for Omsk Region Omsk - FSKN Directorate for Sverdlovsk Region Yekaterinburg The delegation also carried out interviews of newly-arrived remand prisoners in the following establishments under the Ministry of Justicersquos Federal Service for the Execution of Punishments - Pre-trial establishment (SIZO) No 1 Novosibirsk - SIZO No 1 Omsk
- SIZO No 1 Ufa SIZO No 1 Yekaterinburg Council of Europe anti-torture Committee publishes report on Slovenia Strasbourg 19072013 - The CPT has published today the report on its JanuaryFebruary 2012 visit to Slovenia The report has been made public at the request of the Slovenian authorities together with their response In the course of the visit the Committeersquos delegation examined the treatment and conditions of detention of persons held in police facilities prisons and psychiatric establishments The CPT received only a few isolated allegations of police ill-treatment they concerned excessive use of force in the context of apprehension and threats of physical ill-treatment during police questioning The material conditions of detention in police facilities were on the whole satisfactory As regards the prison system the CPT acknowledges the efforts made by the Slovenian authorities to increase the capacity of the prison estate however overcrowding continued to be a problem in some prisons In other aspects the material conditions of detention were generally adequate The Committee gained a particularly positive impression of the two newly-opened blocks at Dob Prison Particular attention is paid in the report to the regime of activities provided to inmates In this respect the Committee expresses concern about the situation of remand prisoners at Celje and Ljubljana Prisons as well as of prisoners held under the reinforced security regime at Celje and Dob Prisons The majority of these inmates spent most of the day locked-up in their cells with little to occupy themselves In their response the Slovenian authorities assure the Committee that efforts will be made to improve the existing arrangements By way of example in the second half of 2012 the regime for remand prisoners at Ljubljana Prison was relaxed so that now the inmates concerned may spend four hours a day on weekdays out of their cells With respect to psychiatry the CPT welcomes the adoption in July 2008 of the new Mental Health Act which inter alia reinforces the legal protection of patients in psychiatricsocial care institutions At Maribor Psychiatric Department the overwhelming majority of patients interviewed by the CPTrsquos delegation indicated that hospital staff had a caring attitude towards them However the delegation received a few allegations of physical ill-treatment of patients by nursing staff shortly after having been fixated to a bed The CPT also expresses misgivings about the fact that mechanical restraint was not always applied as a measure of last resort and that patients were on occasion subjected to fixation for prolonged periods In their response the Slovenian authorities state that a clear message has been delivered to nursing staff that no ill-treatment whatsoever of patients will be tolerated and that special training is being provided in handling aggressive andor agitated patients The CPTs report and the Slovenian authoritiesrsquo response are available on the Committees website httpwwwcptcoeint Forced return flights from the UK the European anti-torture committee publishes its first report Strasbourg 18072013 - The CPT publishes today its first report on an operation of deportation of foreign nationals by air The monitoring took place in the context of an ad hoc visit to the United Kingdom from 22 to 24 October 2012 and involved the presence of a CPT delegation on a charter flight between London and Colombo (Sri Lanka) In its report the CPT concludes that ldquoeach stage of the preparation of the removal process was carefully planned and organised staff were well briefed and every effort was made for the removal to be carried out in a humane wayrdquo However the CPT makes several recommendations and comments concerning both the preparation and execution phases of such operations The main issues raised concern the use of restraint by escort staff the presence of a medical doctor (instead of a paramedic or a nurse) on
13
board removal charter flights and the need for a ldquofit to fly certificaterdquo for persons to be deported In particular the CPT recommends that efforts be made for the revised training package for overseas escorts to be accredited and implemented at the earliest opportunity In their response the UK authorities indicate that an Independent Advisory Panel on Non-Compliance Management has been recruited to assess the quality and safety of the recently revised training package developed by the National Offender Management Service As regards the presence of a medical doctor on board the authorities indicate that ldquowhere indicated by risk assessment and where appropriate a doctor will be providedrdquo On the subject of the delivery of a ldquofit to fly certificaterdquo the authorities indicate that they do not consider it necessary ldquoto positively assert in all cases that a person is fit to fly based on the reasonable assumption that this will be the case in the vast majority of instancesrdquo Other important recommendations related to the presence of interpreters throughout the whole removal process (including on board the aircraft) as well as the provision of psychological support and counselling to better prepare the persons to be deported for their removal Recommendations are also made concerning the recruitment procedure of escort staff (which should include some form of psychological assessment) as well as the measures to be taken to avoid professional exhaustion syndrome and the risks related to routine and to ensure that escort staff maintain a certain emotional distance from the operational activities in which they are involved The CPT regrets that the Sri Lankan authorities did not allow its delegation to observe the hand-over of the returned detainees to local immigration staff The Committee invites the UK authorities to expressly address the issue of the role of monitoring bodies in readmission
agreements
The CPTs visit report and the response of the United Kingdom authorities are available on the Committees website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Malta Strasbourg 04072013 ndash The CPT has published today the report on its September 2011 visit to Malta together with the Maltese authoritiesrsquo response The visit mainly focused on Corradino Correctional Facility the only prison in Malta In certain parts of the prison material conditions of detention had significantly improved since the CPTrsquos previous visit in 2008 However major shortcomings were found once again in several other areas of the establishment (in particular as regards the state of repair of cells and access to natural light) The situation was further exacerbated by the prevailing overcrowding and the lack of organised activities for many prisoners The CPT has recommended in particular that a comprehensive plan to renovate the entire prison be drawn up as soon as possible The CPT also carried out follow-up visits to Lyster and Safi Barracks the only two detention centres for foreigners which were operational at the time of the visit In its report the Committee expresses concern about the frequency and seriousness of allegations received from foreign nationals about the force used by soldiers and police officers in the context of disturbances which had occurred in August 2011 at the Safi Detention Centre it has recommended that a comprehensive inquiry by an independent body be carried out into this matter At the Lyster Detention Centre the CPT observed improvements both in terms of material conditions and activities provided to foreign nationals However the conditions under which foreign nationals were being held in the two Warehouses at Safi Barracks remained very poor Further in both detention centres the health-care services were clearly insufficient Following a brief visit to Mount Carmel Psychiatric Hospital the CPT has expressed serious misgivings about the manner in which agitated or suicidal patients had on occasion been managed It has also made a number of specific recommendations to improve living conditions in the Forensic Ward and the Ward for Irregular Migrants In their response the Maltese authorities provide information on the action taken to address the recommendations made by the Committee on the issues described above
The CPTrsquos report and the response have been published at the request of the Maltese authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee publishes the Danish Governments response to the report on the visit to Greenland (September 2012) Strasbourg 03072013 - The CPT has published today the response of the Danish Government to the report on the Committeersquos ad hoc visit to Greenland in September 2012 The response has been made public at the request of the Danish authorities In its response the Danish Government provides information on the measures taken in the light of the recommendations made by the CPTrsquo
14
The CPTrsquos report on its visit to Greenland was made public in January 2013 The response is available on the Committees website wwwcptcoeint
32 Council of Europe Commissioner on Human Rights
lsquoTurkey police violence must not go unpunished Strasbourg 872013 - ldquoAll instances of excessive use of force by the police must be fully investigated and adequately punishedrdquo said Nils Muižnieks the Council of Europe Commissioner for Human Rights at the end of a five day visit to Istanbul and Ankara during which he discussed the Gezi Park events and other human rights issues The Commissioner recalled that according to the case-law of the European Court of Human Rights the failure to effectively investigate the misconduct of security forces was a human rights violation in itself and that Turkey had been condemned on numerous occasions by the Court precisely for this reason The Commissioner had received serious allegations of human rights violations committed by law enforcement forces against demonstrators backed up by witness accounts photos videos forensic evidence as well as the number of deaths and injuries over the course of the events Most of these reports concerned excessive and improper use of tear gas and ill-treatment by police at the time of apprehension On the other hand members of the government and security forces considered that the use of force had been proportionate in view of the actions of marginal groups hijacking the demonstrations except for isolated incidents which are under investigation [hellip] The Commissioner also noted that members of certain professional groups such as doctors lawyers academics teachers media professionals expressed fear of intimidation as well as of administrative and judicial measures against them as a result of their non-violent actions during the protests The Commissioner urged the Turkish authorities to allay these fears as a matter of urgency and to ensure that any perception of reprisals is averted The Commissioner also stated that there were certain shortcomings both in the Turkish legislation concerning the right to assembly and the role of law enforcement and its application by the competent authorities ldquoThe legislation and practice puts too much emphasis on the lawfulness of demonstrations as opposed to their peacefulness contrary to the European Convention on Human Rightsrdquo stated the Commissioner adding that the overwhelming majority of demonstrators in the Gezi Park events given the total participation of 25 million had thankfully been peaceful [hellip] The Commissioner also referred to his meetings with the newly established Ombudsman Office and the Turkish Human Rights Institution stating that the latest events provided a unique opportunity for these institutions to establish their credibility in the eyes of the Turkish public He stressed that citizens with grievances should also use the Ombudsman Office for redress including for actions of the security forces during demonstrationsrsquo The Commissionerrsquos report on his visit is forthcoming Press contact in the Commissionerrsquos Office Stefano Montanari stefanomontanaricoeint
33 Summaries of selected Article 3 cases before the European Court of Human Rights June and July 2013
AGAM DNM MKH MYH AND OTHERS NANS NMB NMY AND OTHERS SA V SWEDEN (NOS 7168010 2837911 7241310 5085910 6841110 6833510 7268610 6652310)
httphudocechrcoeintsitesengPagessearchaspxfulltext[AGAMDNMMKHMYH20AND20OTHERS]documentcollectionid2[GRANDCHAMBERCHAMBER]itemid[001-121571] 27 June 2013 ndash No violation of Article 2 and or Article 3 ndash No evidence to confirm that the
applicants would be exposed to a real risk of inhuman or degrading treatment or of becoming victims of honour-related crimes in the event of extradition in southern of central Iraq (for the applicants in the cases DNM and SA) or in Kurdistan (for the applicants in the other six cases)
15
All eight cases concerned the deportation of failed asylum-seekers originally from Baghdad Mosul and Kirkuk to Iraq The applicants in the cases DNM and SA alleged that if they were to be removed to Iraq they would be at risk of becoming victims of honour-related crimes due to their relations with women whom were disproved by their families while the other six applicants alleged that they would be at risk of persecution if deported to Iraq due to being Christian a religious minority in the country The Court noted that each of the applicantsrsquo claims had been examined and rejected by the Migration Board and the Migration Court particularly because the incidents of which the applicants were victim were mostly related to general security in Iraq at the time and that the applicants were not in need of asylum in Sweden since a number of years had since passed and the level of violence had thus declined The Court took into consideration the current national and international reports available and the gradual improvement that had been made Despite the applicantsrsquo personal circumstances (cases DNM and SA) and that their belonging to a vulnerable minority (the other six cases) would risk their lives and or facilitate inhuman or degrading treatment if removed the Court held that all ten applicants could relocate to other regions in Iraq such as Kurdistan in the north (concerning the six other cases) or to southern and central Iraq (cases DNM and SA) Therefore there would be no violation of Articles 2 and 3 of the Convention if the applicants were removed in southern or central Iraq or in Kurdistan
Horshill v Greece (application no7042711) httphudocechrcoeintsitesengPagessearchaspxfulltext[Horshill]languageisocode[FRA]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122973]
Detention of an asylum seeker in Greek police stations found to be degrading treatment incompatible with Article 3 of the Convention
In the Chamber judgment in the case of Horshill v Greece (application no7042711) the European Court of Human Rights held unanimously that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights The case concerned the placement in detention of Ismail Alfateh Horshill and the conditions in which he was detained The applicant a foreign national who was due to be deported was held successively for fifteen days in two police stations after having applied for asylum Pursuant to a decree transposing a directive from the Council of the European Union into national law Ismail Alfateh Horshill who had no travel documents was placed in detention by the Greek authorities Noting that the applicant had been released from detention after a short period of two weeks the Court considered that his detention had not been arbitrary and that it could not be concluded that it had not been ldquolawfulrdquo within the meaning of Article 5 sect 1 (f) of the Convention
Vinter and Others v United Kingdom - 6606909 13010 and 389610 Judgment 972013 [Grand Chamber]
httphudocechrcoeintsitesengPagessearchaspxfulltext[vinter]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122664] Article 3 The Grand Chamber agreed with and endorsed the Chamberrsquos finding that a grossly disproportionate sentence would violate Article 3 of the Convention although that test would be met only on rare and unique occasions In the instant case the applicants had not sought to argue that their whole life orders were grossly disproportionate instead they submitted that the absence of an in-built procedural requirement for a review constituted ill-treatment not only as the Chamber had found when there ceased to be legitimate penological grounds to justify continued detention but from the moment the order was made The Court reiterated that Contracting States must be allowed a margin of appreciation in deciding on the appropriate length of prison sentences for particular crimes and must remain free to impose life sentences on adult offenders for especially serious crimes However the imposition of an irreducible life sentence on an adult could raise an issue under Article 3 In determining whether a life sentence in a given case could be regarded as irreducible the Court would seek to ascertain whether the prisoner could be said to have any prospect of release Where national law afforded the possibility of review of a life sentence with a view to its
16
commutation remission termination or the conditional release of the prisoner that would be sufficient to satisfy Article 3 There were a number of reasons why for a life sentence to remain compatible with Article 3 there had to be both a prospect of release and a possibility of review Firstly it was axiomatic that a prisoner could not be detained unless there were legitimate penological grounds for that detention The balance between the justifications for detention was not necessarily static and could shift in the course of the sentence It was only by carrying out a review at an appropriate point in the sentence that these factors or shifts could be properly evaluated Secondly incarceration without any prospect of release or review carried the risk that the prisoner would never be able to atone for his offence whatever he did in prison and however exceptional his progress towards rehabilitation Thirdly it would be incompatible with human dignity for the State forcefully to deprive a person of his freedom without at least providing him with the chance to someday regain that freedom Moreover there was now clear support in European and international law for the principle that all prisoners including those serving life sentences should be offered the possibility of rehabilitation and the prospect of release if rehabilitation was achieved Accordingly Article 3 had to be interpreted as requiring reducibility of life sentences in the sense of a review allowing the domestic authorities to consider whether any changes in the life prisoner are so significant and such progress towards rehabilitation has been made in the course of the sentence as to mean that continued detention can no longer be justified on legitimate penological grounds While it was not the Courtrsquos task to prescribe the form (executive or judicial) which that review should take or to determine when it should take place the comparative and international law materials before it showed clear support for the institution of a dedicated mechanism guaranteeing a review no later than twenty-five years after the imposition of a life sentence with further periodic reviews thereafter A whole life sentence would not measure up to the standards of Article 3 where the domestic law did not provide for the possibility of such a review Lastly although the requisite review was a prospective event necessarily subsequent to the passing of the sentence a whole life prisoner should not be obliged to wait and serve an indeterminate number of years of his sentence before he could raise the complaint that the legal conditions attaching to his sentence failed to comply with the requirements of Article 3 Whole life prisoners were entitled to know at the outset of their sentence what they must do to be considered for release and under what conditions including when a review of their sentence will take place or may be sought Consequently where domestic law did not provide any mechanism or possibility for review of a whole life sentence the incompatibility with Article 3 on this ground already arose when the whole life sentence was imposed and not at a later stage of incarceration The Government had argued before the Court that the aim of the 2003 Act was to remove the executive from the decision-making process concerning life sentences and this was the reason for abolishing the 25-year review by the Home Secretary which had existed beforehand However the Court considered that it would have been more consistent with the legislative aim to provide that the 25-year review would be conducted within a judicial frame- work rather than completely eliminated The Court also found that the current law concerning the prospect of release of life prisoners in England and Wales was unclear Although section 30 of the 1997 Act gave the Justice Secretary the power to release any prisoner including one serving a whole life order the relevant Prison Service Order provided that release would only be ordered if a prisoner was terminally ill or physically incapacitated These were highly restrictive conditions and in the Courtrsquos view compassionate release of this kind would not be what was meant by a ldquoprospect of releaserdquo in Kafkaris In light therefore of this contrast between the broad wording of section 30 and the exhaustive conditions announced in the Prison Service Order as well as the absence of any dedicated review mechanism for whole life orders the Court was not persuaded that at the present time the applicantsrsquo life sentences could be regarded as reducible for the purposes of Article 3 The requirements of that provision had not therefore been met in relation to any of the three applicants The Court emphasised however that the finding of a violation in the applicantsrsquo cases should not be understood as giving them any prospect of imminent release Whether or not they should be released would depend for example on whether there were still legitimate penological grounds for their continued detention and whether they should continue to be detained on grounds of dangerous- ness These questions were not in issue in this case and were not the subject of argument before the Court Conclusion violation (sixteen votes to one) Article 41 Finding of a violation constituted sufficient just satisfaction for any non-pecuniary damage sustained by the first applicant No claim made by the other applicants
17
4 European Union and associated bodies
41 European Union Agency for Fundamental Rights (FRA)
June 2013 the European Court of Human Rights (ECtHR) and the European Union Agency for Fundamental Rights (FRA) published a joint Handbook on European law relating to asylum borders and immigration on 11 June lsquoIt examines the relevant law in the field of asylum borders and immigration stemming from both European systems the European Union and the Council of Europe It provides an accessible guide to the various European standards relevant to asylum borders and immigration The handbook is the second joint publication of this kind following a first handbook on non-discrimination issued in 2011 It is based on the case law of the European Court of Human Rights and the European Court of Justice as well as on the relevant EU regulations and directives It is also a first point of reference on the European Social Charter (ESC) and other instruments of the Council of Europe It is designed to assist legal practitioners at national and European level including lawyers judges prosecutors border guards immigration officials and others working with national authorities as well as non-governmental organisations and other bodies that may be confronted with legal questions in any of the areas the handbook sets out to coverrsquo The handbook is available at httpfraeuropaeusitesdefaultfileshandbook-law-asylum-migration-borders_enpdf
5 News from NGOs amp general updates
51 The Association for the Prevention of Torture Geneva (APT)
lsquoRights within the EU What role for European Institutions Monday September 16 2013 ldquoThe Treaties of the European Union state that the EU is founded on the value of respect for human rightsrdquo However much remains to be done for EU institutions to properly address gross human rights violations within the EU particularly the Council of the European Union This is the message that members of the Human Rights and Democracy Network which the APT is part of have sent to the representatives of all key EU institutions The letter singles out the EU Council Working Party on Fundamental Rights and Free Movement of Persons (FREMP) which has ldquobeen largely confined to negotiating the EU accession to the European Convention on Human Rightsrdquo rather than seeking to address serious human rights abuses within the European Union The letter concludes with a set of practical and constructive recommendations to the main EU institutions including the Council Commission Parliament and the Fundamental Rights Agency including strengthening the mandate of the latter The APT supports these recommendations and calls on remaining EU states that have not yet done so to ratify the Optional Protocol to the UN Convention against Torture (OPCAT) Presently 7 members of the EU (Belgium Finland Greece Ireland Latvia Lithuania and Slovakia) are not party to this innovative treaty The APT also calls on EU states that have established or designated National Preventive Mechanisms under the OPCAT to provide them with the necessary independence and resources as well as engaging in a constructive dialogue with these institutions to meaningfully reduce the risk of abuse on persons deprived of their libertyrsquo See more at httpwwwaptchennews_on_preventionrights-within-the-eu-what-role-for-european-institutionsUjnGb-DZn4Y lsquoExcessive use of pre-trial detention in the EU Tuesday September 10 2013 The APT today co-signed a letter sent to European Commission Vice-President Viviane Reding urging the Commission to take steps aimed at reducing the excessive periods of time people spend in pre-trial detention and to increase the use of alternatives
18
Across the European Union both the use and material conditions of pre-trial detention vary considerably and can have a very detrimental impact on persons deprived of their liberty Among other issues the letter calls on the Commission to take concrete steps to establish minimum and enforceable EU standards on pre-trial detention The letter is co-signed by 22 NGOs and has been copied to various relevant European Commission actorsrsquo lsquoInstitutional culture in detention a framework for preventive monitoring This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts It is the second in a series of thematic papers on aspects of detention monitoring which have so far been under-researched and received little attention They are the result of a joint project between the APT and Penal Reform International (PRI) with financial assistance of the UK Government and the European Unionrsquo See further details at httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17 Read more on the APT website at httpwwwaptch
52 Penal Reform International (PRI)
- Institutional culture in detention a framework for preventive monitoring
This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other forms of ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts This resource from PRI and the Association for the Prevention of Torture (APT) is designed to - raise awareness among monitoring bodies of the role of culture in places of detention in the prevention of torture and ill-treatment - provide a framework for understanding culture in places of detention - outline some common cultural attitudes that can represent risk factors for torture and ill-treatment - provide some examples of processes and factors that contribute to positive culture change in places of detention httpwwwpenalreformorgresourceinstitutional-culture-detention-framework-preventive-monitoring-3
- PRI briefing on complaints mechanisms in its Justice for Children series
Part of PRIs series of Justice for Children Briefings this resource explains a childs right to complain about his or her care treatment and conditions while deprived of their liberty Upholding the right to complain is very important for giving a voice to children in detention and for ensuring that their other human rights are protected The briefing looks at the basis of this right in international and regional treaties and standards and challenges to children in fulfilling this right It identifies key elements for creating an effective complaints mechanism and provides recommendations to ensure children can achieve their right to make complaints httpwwwpenalreformorgresourcechildren-deprived-liberty-complaints
- The Guide on gender-sensitive monitoring
The Guide is now also available in Spanish
httpwwwpenalreformorgresourcewomen-detention-guide-gendersensitive-monitoring
19
6 Immigration detention and monitoring updates
61 Council of Europe Immigration Issues
611 Migration Co-ordination Division update on work in the field of asylum and immigration
Recent editions of the Migration Co-ordination Newsletter were published in July and August 2013 The Newsletter provides a glance at some of the relevant Council of Europe activities on migration asylum and integration It will be published monthly and sent electronically to interested parties As we all know migration constitutes an ever-growing concern within the field of human rights and different aspects of migration profoundly affect social well-being In the foreseeable future these issues will only grow in importance and relevance across Europe Here the Council of Europe has a lot to offer The Migration Co-ordination Division hopes that this newsletter can give readers an insight into some of the debates and migration related activities as they unfolded at the Council in the months of June July and August The Newsletters are available at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp You can subscribe to future newsletters by sending an email to migration-newslettercoeint and you can search the archives for previous newsletters at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp Ukraine Efforts to improve policies and practices of detention of foreigners Strasbourg 4 July 2013 The Ukrainian authorities are engaged in serious efforts to bring their national policy and practice with regard to the detention of migrants and asylum-seekers in line with the Council of Europe standards A recent legislative initiative to amend several legal acts governing the status and the judicial protection of foreigners and stateless persons (draft law No 2743) emphasises the commitment of the Ukrainian government to ensure a judicial review of decisions depriving foreigners of their right to liberty The Council of Europe Migration Co-ordinator Christos Giakoumopoulos said the amendments which are currently examined by the Ukrainian parliament (Verhovna Rada) are an important step in ensuring compliance with Council of Europe norms as they are clearly inspired by the recommendations of the Committee of Ministers of the Council of Europe Moreover he said these amendments constitute a positive development in the process of the implementation of several judgements of the European Court of Human Rights such as for example the Soldatenko v Ukraine group of cases and the case of Nowak v Ukraine in which Ukraine was found in breach of the European Convention of Human Rights on account of unlawful detentions and lack of judicial control
62 Council of Europe Parliamentary Assembly (PACE) Migration Committee
Assistance to Syrian refugees after Lebanon PACE rapporteur continues visit to Turkey lsquoStrasbourg 21082013 ndash Jean-Marie Bockel (France EPPCD) who is preparing a report for the Parliamentary Assembly of the Council of Europe (PACE) on international assistance for Syrian refugees in Jordan Turkey Lebanon and Iraq today begins a fact-finding visit to Turkey (21 to 22 August 2013) following on from a visit to Lebanon (19-20 August) In Hatay (21-22 August) Mr Bockel will meet the Governor of Hatay and Turkish government officials ndash including from the Disaster and Emergency Management Presidency in the Prime Ministersrsquo Office ndash as well as representatives of the Red Crescent in Turkey He will also visit a local centre where refugees are accommodated and will speak to local residents about the impact of the refugee influx on the local community In Lebanon Mr Bockel met Syrian refugees in Alaawi (South Lebanon) and Ketermaya (Mount Lebanon) and discussed their situation with representatives of the UN High Commissioner for
20
Refugees and other NGOs working in the field During these exchanges of view he drew the authoritiesrsquo attention in particular to the situation of women and children Mr Bockelrsquos report is a follow-up to a current affairs debate held by the Assembly on this topic in April 2013rsquo For more details see httpassemblycoeintASPNewsManagerEMB_NewsManagerViewaspID=8977ampL=2
7 NPM discussion topic No 1 ldquothe monitoring of sobering-up detentionrdquo
71 Introduction
The thematic section for this Newsletter is on the experiences of NPMs regarding sobering-up detention The Polish NPM is currently preparing a thematic report and a conference regarding sobering-up stations and is looking for comparative experiences of monitoring such places from other CoE region NPMs In Poland these are institutions where drunk individuals are detained until they get sober for no longer than 24 hours In these places there is a non-stop medical service given to those people Those individuals are escorted there by the police because of their behaviour in public or at home The Polish NPM questions to the European NPM Network are
- how in your countries is the problem of care given to drunk people is solved - Where are drunk individuals placed (detained) if they are stopped by the Police - Can they leave those places anytime or they have to stay there till they are sober - What kind of care is given to them
The overview of responses to these questions form the European NPM Network members is below
72 Overview of responses from the European NPMs
- Response from the NPM of Luxembourg lsquoIn Luxemburg we have a very similar law regarding public drunkenness Following article 28 of the modified law from June 29th 1989 people that in a state of drunkenness cause public disorder or are likely to be harmful for themselves or others can be arrested by the police without intervention of a judge or an attorney for no longer than 24 hours Once arrested this people benefit from the full range of rights guaranteed to any other arrested person for criminal reasons (right to immediate assistance of a lawyer or consular assistance for foreigners right to call a family member inventory of their belongings fresh water supply etchellip) As for any other detainee the privation of liberty can only take place after a medical visit that generally takes place at the police station The surgeon in charge has to establish a written document stating that the concerned person does not present any corporal AND mental diseases making detention inappropriate or potentially harmful During the detention time those persons are under close survey (continuously by video and physically every hour at least all those verifications have to be noted down in real time indicating the time of control and the name of the controlling officer in a registry that is accessible at any time to the NPM and to the Inspectorate general of the Police) The Luxemburgish NPM already conducted several visits to police stations especially during the weekend nights Generally there was no noticeable problem The average time of privation of liberty cannot exceed 24 hours practically the detention time is very rarely superior to 6 hours In general people picked up during the night are released in the early morning hours The maximum time encountered by the Luxemburgish NPM was 165 hours immediately followed by a detention time of 825 hours There is no continuous medical survey in Luxemburg in case of a medical urgency people are immediately transferred to the next hospital which practically never happened until today as people with severe intoxications are detected by the medical visit prior to detention and are immediately transferred to a hospital
21
People arrested in Luxemburg on the legal basis above cannot leave the police station by their own decision liberation is depending upon the decision of the commanding police officer of the concerned station We also have another legal basis article 37 of the modified Police-law from May 31st 1999 entitling the police to arrest under the same conditions and restrictions as above anybody who by his ldquofoolishrdquo (insenseacute en french) behavior in public is likely to be harmful for himself or for others even without consumption of alcohol or drug abusersquo
- Response from the NPM of Slovenia
lsquoIn Republic of Slovenia there are no lsquosobering-up stationsrsquo per se However the police may order and carry out detention of a person under the influence of alcohol in certain cases for example as defined in the Minor Offences Act according to which (also) police officers may order detention when the perpetrator is caught committing minor offence under the influence of alcohol or other psychoactive substances and there is danger that (s)he will continue to commit minor offences such detention (which is not the only possible one involving the police) takes place in detention rooms at police stations and can last until the perpetrator becomes sober or capable to control behavior - but no longer than 12 hours Regarding lsquocare given to drunk peoplersquo in police detention ndash first of all police officers are bound to make sure that detained person gets medical aid if needed (injuries signs of alcohol poisoninghellip) or if the person demands so - this can be provided by medical personnel coming to place of detention itself or by taking the person to proper institution Police officer carrying out the detention is actually bound to take care of safety in general of the detained person for the duration of detention at least regular physical supervision is necessary but most often technical (audio and video) is provided too Drinkable water must be provided at all times and generally also one cold meal If the person is brought in wearing wet or in any other way unsuitable clothing (given the season weather conditionshellip) police officer must provide the person with proper clothes or footwear for the duration of the detention Certain standards are prescribed for the detention rooms themselves also ndash in cases of detention of up to 12 hours the floor shall not be slippery air temperature shall not be under 18 degrees Celsius in any case the room shall be equipped with toilet facilities unbreakable wash-hand basin and fixed bed with impermeable inflammable and untearable pillow and two blankets All circumstances regarding the detention (condition of the person carried out physical supervisions provided clothing food etc) are to be also carefully documentedrsquo
- Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo
lsquoIn our Law of Police is regulated this question The police officer may detain a person under the influence of alcohol or other psychoactive substances under terms and conditions determined by special law and the detention can last up to 8 hours With this article is limited time of detention because for criminal acts detention in police station is maximum 24 hours ( 12 hours for juveniles) Person under the influence of alcohol has the same rights like other detainees We dont have special places for detention of intoxicated people and police use regular detention places in the police stations Pursuant to the Rulebook on the Manner of Performance of Police duties and the Standard Operating Procedures for Detention and Treatment of Detainees the head of shift (police officer for admission) is responsible for admission of persons giving advice on realization of hisher rights including continuous monitoring during the detention for the purpose of ensuring the detained personsrsquo safety in the police station So people who are detained in Police station have right for food and water right to an attorney and informing the family right to medical assistance The shift manager is obligated to assess the health status of detained persons upon admission and record the same in the detention report The shift manager records any visible injuries visible signs of illness influence of alcohol or psychotropic substances thereby assessing whether medical attention is required In case of serious injuries or if the detainee complains for pain or injuries the right to medical assistance is of priority and it is undertaken before any other activity For most of the police stations it was concluded that in cases when there is higher blood alcohol content among the detainees a doctor was not called by the shift manager and in that line the NPM gave a recommendation that a doctor should be called no matter whether the person asks for medical assistance This should be made in order to act in line with the temporary protection of the health of the person deprived of liberty
22
In our report for 2012 we have thematic part about People detained in police stations ndash alcohol abusers Here is our opinion The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed In four of the folders for detainees in PS ____ it was assessed that the people were drunk in the limits of 1 50 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officers Regarding your questions in my country we dont have special places for drunk people and they are placed in police station in period of 8 hours without possibility to leave before they sober up and permission by head of shift If they have visible injuries or ask for medical help its called doctor but we suggested hat the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of libertyrsquo
- Response from the NPM of Georgia
lsquoSince the Soviet period Georgia had no special institution for drunken individuals According to the Georgian legislation being under the influence of alcohol per se doesnrsquot constitute an infraction Although last year in one region Akhalkalaki the Georgian NPM revealed a vicious practice ndash drunken individuals were detained by the police and held in a police station without being registered in any special registry until next morning The fact has been mentioned in the Public Defenderrsquos Report for 2012 and the abolition of this kind of practice has been recommended to the Minister of Internal Affairs In general if a detained person has any kind of medical concern an officer in charge calls the emergency service the detainee could even be transferred to hospital for example in case of acute alcoholic intoxicationrsquo
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo
81 Introduction
The Luxembourg NPM contacted the European NPM Network regarding vulnerable groups in prison as it is about to prepare a mission on its national prisons specially focused on the respect of the rights and the treatment of particularly vulnerable categories of prisoners and wanted to draw upon other comparative NPM experiences The NPM was in particular focused on the following categories vulnerable groups middot lsquoPrisoners living in detention without interruption for more than 10 years middot Prisoners recently condemned to a sentence of 15 years minimum middot Prisoners recently condemned to a very short sentence (9 months maximum) middot Older prisoners minimum age of 55 years
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
4
1 European NPM Network
11 News from the NPMs
111 NPM of the Czech Republic
lsquoBetween 2013 and 2014 the Czech NPM (the Public Defender of Rights) focuses its attention on the prevention of ill-treatment in social care institutions providing services to elderly people (particularly those suffering from dementia) In the preparations for the inspections the NPM team together with convened experts determined crucial issues to be observed including nutrition and malnutrition pain control depression and consideration of the specific features of dementia disorder Furthermore it is examined whether an individualrsquos stay in the institution is voluntary and whether his fundamental rights are guaranteed Presently the systematic visits of social care institutions (such as old peoplersquos homes and homes with special regime) are carried out Consequently their results and the recommendations of the Public Defender will be published Nevertheless the whole process is very time-consuming including meeting experts and arranging a conference In order to use the knowledge gained from the systematic visits inform the public as soon as possible and strengthen the preventive effect the Public Defender published a document comprising of generalized extracts of the yet issued reports addressed to particular facilities indicating recurring problems and reasoning of the Public Defender including references to expert resources Providers of social care institutions for elderly people can use this material as guidance for the prevention of ill-treatment Related to the issue of ill-treatment in the social care facilities the Public Defender also observed a problem of poor availability of the social service of this kind During its inspections the Czech NPM has met many old people staying in hospitals due to the lack of social service facilities that would offer them a sufficient care They live in makeshift conditions facing administrative obstacles To make his observations complete the Public Defender analyzed online presentations of old peoplersquos homes established by regions (higher-level territorial administrative units) The analysis proved that public facilities of this kind often deter ldquounwantedldquo seniors (individuals without funding suffering a mental disorder etc) and use unclear selection criteria The activities of the Czech NPM in 2012 are described in a separate chapter of the Public Defenderrsquos Annual Report Releasing of the English version is expected it will be available on the website httpwwwochranceczenreportsreportsrsquo For further details please contact Marie Lukasovaacute at lukasovaochrancecz
112 NPM of Germany
The German version of the 2012 Annual Report of the German NPM is now available The German NPM is working on an English translation For more details or a copy please contact Jan Schneider Nationale Stelle zur Verhuumltung von Folter at janschneiderantifolterstellede Discussions are also underway as to the possible establishment of a Network of German Speaking NPMs For more details please contact Jan Schneider Nationale Stelle zur Verhuumltung von Folter at janschneiderantifolterstellede
113 NPM of Hungary3
Ombudsmanrsquos view on illegal control of a prisonerrsquos letter lsquoA detainee in Balassagyarmat Prison claimed that disciplinary procedure was initiated against him in the institution because in his letter he wrote disrespectful words against a judge at the
3 Designated but in opeartion from 2015 for more details see httpwwwaptchenopcat_pagesnpm-
designation-25
5
Balassagyarmat District Court The Ombudsmans investigation found that pursuant to the decree of the Minister of Justice the letters of detainees addressed to authorities cannot be checked A letter written to the court shall not be read by any prison officers therefore a disciplinary proceeding could have not been initiated against the detainee based on his letter The head of prison might have discovered the obvious infringement and should have terminated the proceeding at first instance However the disciplinary proceeding ended only at second instance by the Deputy Commander The Ombudsman also pointed out that the European Court of Human Rights had previously decided against Hungary because a penitentiary institution checked one prisonerrsquos correspondence with the court in Strasbourg The Commissioner for Fundamental Rights noted that Balassagyarmat Prison had seriously infringed the prisonerrsquos privacy as well as his right for communication Therefore he recommended to the Director General of the Hungarian Prison Service to take actions to prevent similar abuses in the future as well as to avoid checking the prisonersrsquo contacts with the authorities human right defenders or legal representativesrsquo For further details please contact The International Ombudsman Institute | General Secretariat co Austrian Ombudsman Board Singerstrasse 17 A-1015 Vienna PO Box 20 mail ioivolksanwgvat or the Office of the Commissioner for Fundamental Rights Hungary
114 NPM of Poland
The Polish NPM has recently published its annual report for 2012 For further details or a copy please contact Marcin Kusy Office of the Human Rights Defender of the Republic of Poland at mkusybrpogovpl
115 Lithuania Seimas Ombudsmanrsquos office
lsquoOn 16 April upon the nomination of the Speaker the Seimas (Parliament) appointed Augustinas Normantas to investigate activities of officials of state institutions and agencies instead of investigation of activities of officials of municipal institutions and agencies that he has been responsible for since 2005 On 23 April the Seimas appointed Raimondas Šukys a former parliamentarian minister of the interior and health to the position of the Seimas Ombudsman He was nominated by the Speaker of the Seimas Mr Šukys was appointed to investigate activities of officials of municipal institutions and agencies On 25 April a newly appointed Seimas Ombudsman swore an oath in the Parliament On the same day at the secret ballot the Seimas Ombudsman Dr Augustinas Normantas was appointed to the position of the head of the Seimas Ombudsmenrsquos Office [hellip] Following change of the Seimas Ombudsman the institution started to implement organisational-structural and activity-related changes following which a new structure of the Office was approved groups of Advisers to the Seimas Ombudsmen formed distribution of areas of activities performed and a Human Rights Division as a separate administrative unit established Arminas Lydeka the former Chairman of the Seimas Committee on Human Rights was appointed to the position of the head of the newly established Human Rights Division [hellip] Another significant change is that the draft Law amending the Law on the Seimas Ombudsmen which provides for additional functions of the Seimas Ombudsmenrsquos Office that are necessary to become a national human rights institution as well as national preventive mechanism which would perform prevention of torture and other cruel inhuman or degrading treatment or punishment in closed detention institutions under the OPCAT is submitted to the Seimas of the Republic of Lithuania It should be noted that the Seimas Ombudsmenlsquos Office carries out the prevention of torture and other cruel inhuman or degrading treatment or punishment in closed detention institutions even now and also performs to a limited extent the functions attributable to a human rights institution however after the Seimas of the Republic of Lithuania ratifies the Optional Protocol and approves the new wording of the Law on the Seimas Ombudsmen it will be possible to implement these functions to the full extentrsquo For more information contact The International Ombudsman Institute | General Secretariat co Austrian Ombudsman Board Singerstrasse 17 A-1015 Vienna PO Box 20 mail ioivolksanwgvat
6
2 United Nations
21 UN Sub-Commitee on Prevention of Torture (SPT) and OPCAT news
211 SPT visits
2111 SPT advisory visit to the NPM of Armenia
lsquoSPT delegation visits Republic of Armenia to strengthen the national capacity to prevent torture Yerevan 6 September 2013 ndash The United Nations Subcommittee on Prevention of Torture concluded today its first visit to the Republic of Armenia The purpose of the visit which took place from 3 to 6 September 2013 was to provide advice and technical assistance to the Armenian National Preventive Mechanism (NPM) The NPM is the mechanism for the prevention of torture in conformity with article 11 of the Optional Protocol to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment During its visit to Armenia the Subcommittee met with Government officials non-governmental organizations United Nations representatives as well as with the Armenian NPM The Subcommittee devoted most part of its visit to a capacity building exercise of the Armenian NPM through substantive meetings with the Torture and Violence Prevention Division of the Human Rights Defenders Office and the Torture Prevention Expert Council as well as a number of joint visits to places of deprivation of liberty UN experts had the opportunity to assess first-hand the needs and current challenges of this Armenian organ for the prevention of torture and ill-treatment At the conclusion of the visit the head of the delegation stated The SPT held working meetings with State authorities civil society and particularly the Armenian NPM and joined the latter in its visits to several places of detention The SPT recognizes the steps Armenia has made regarding the prevention of torture and will advise on measures necessary to further this task In the adoption of these the SPT remains available to provide the Republic of Armenia and its National Preventive Mechanism all relevant support and advice The Subcommittee will submit separate confidential reports to the Government of the Republic of Armenia and to the Armenian NPM containing its observations and recommendations arising from the visit The SPT delegation to the Republic of Armenia consisted of the following members Ms Mari AMOS (head of the delegation) Mr Miguel SARRE IGUIacuteNIZ and Mr Viacutector MADRIGAL-BORLOZ The delegation was supported by the UN Resident Coordinator and Representative of UNDPrsquo For more information on the mandate of Subcommittee please visit httpwww2ohchrorgenglishbodiescatopcatindexhtm
212 Recent OPCAT events
Norway ratified the OPCAT on 27 June 2013
213 Forthcoming OPCAT events
SPT visit to Peru to be conducted on 10-20 September 2013 SPT 21st session will be held on 11-15 November 2013
214 SPT Call for information on reprisals
The United Nations Subcommittee on Prevention of Torture (SPT) is developing a policy on reprisals The term ldquoreprisalsrdquo is understood to mean those acts or omissions by an authority or
7
official of a State Party visited whereby the aforementioned authority or official carries out permits or tolerates ldquoany sanction against any person or organization for having communicated to the Subcommittee on Prevention or to its delegates any information whether true or false and no such person or organization shall be otherwise prejudiced in any wayrdquo (Article 15 of the Optional Protocol to the Convention against Torture- OPCAT) The SPT is therefore calling for written contributions to assist its reflections on reprisals Submissions should be provided within 2 months ie by 30 August 2013 at the following e-mail address opcatohchrorg
22 UN Committee against Torture (CAT)
221 Recent events
2211 CAT Committee 50th Session
The CAT Committee held the 50th session from 6 May to 31 May 2013 and adopts Concluding Observations on Reports of Bolivia Estonia Guatemala Japan Kenya Mauritania the Netherlands and the United Kingdom lsquoThe Committee against Torture today concluded its fiftieth session after adopting its concluding observations and recommendations on the reports on the implementation of the provisions of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment in Bolivia Estonia Guatemala Japan Kenya Mauritania the Netherlands and the United Kingdom The Committeersquos concluding observations and recommendations on the country reports will be available on the website of the Office of the High Commissioner for Human Rights this afternoon In its concluding meeting the Committee also adopted on its annual report to the United Nations General Assembly orally presented by Nora Sveaass Committee Rapporteur and its programme of work for future sessions In addition to the consideration of country reports during this session the Committee marked its twenty-fifth anniversary by holding two panel discussions on 7 May focused on the identification of its main achievements and challenges and on the obligations of States parties with regards to redress for victims of torture in light of the Committeersquos General Comment 3 on Article 14 of the Convention against Torture The Committee also met with the Subcommittee on the Prevention of Torture to discuss areas of collaboration between the two bodies and its President Malcolm Evans presented the Subcommitteersquos annual report The Committee also held a meeting with States parties to exchange views on the activities of the Committee and developments in its methods of work In a meeting with non-governmental organizations the Committee discussed ways to enhance cooperation in the implementation of the Convention In closed meetings the Committee also considered information appearing to contain well-founded indications that torture was systematically practised in some States parties and met separately with the delegation of Romania to discuss a delay in the entry into force of the Optional Protocol to the Convention and the establishment of its national preventive mechanism The next session of the Committee against Torture will be held from 28 October to 22 November 2013 during which it will review the reports of Andorra Belgium Burkina Faso Kyrgyzstan Latvia Mozambique Poland Portugal and Uzbekistanrsquo The programme and reports are available at httptbinternetohchrorg_layoutsTreatyBodyExternalSessionDetails1aspxSessionID=790ampLang=en
222 Recent CAT Committee examination of country reports
2221 Estonia
lsquoThe Committee against Torture today concluded its consideration of the fifth periodic report of Estonia on how it implements the provisions of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Introducing the report Margus Sarapuu Secretary-General of the Ministry of Justice of Estonia said that the 2011 amendments to the Criminal Procedure Code expedited judicial proceedings while the
8
Guidelines for the Development of Criminal Policy until 2018 adopted by Parliament provided for expedited pre-trial procedures in criminal matters regarding minors Further amendments of the Code of Misdemeanour Procedure would be implemented in order to increase its expedition and efficiency lessen bureaucracy and enhance the fundamental rights of persons The revision of the Penal Code was currently being undertaken and a section on domestic violence was added in the draft Trafficking in human beings had been criminalized in April 2012 and its definition was fully aligned to the United Nations Palermo Protocol Committee Experts commended Estonia for the measures it had taken to reduce the length of criminal proceedings and address prison overcrowding domestic violence and trafficking in persons They inquired about the amendment of the Penal Code and the progress in aligning the definition of torture with the Convention against Torture the ratification of the Optional Protocol and establishment of the national preventive mechanism and about the investigation of past crimes of torture and ill treatment and holding perpetrators accountable Other issues included detainee complaints received by the Chancellor of Justice and how those and complaints about poor conditions in punishment cells in prisons and in the immigrants expulsion centres were addressed treatment of asylum seekers penalties meted out to those convicted of human trafficking and help provided to their victims Responding to the questions and comments raised by the Committee members yesterday 22 May and today the delegation said that the ongoing revision of the Penal Code would bring the definition of torture in line with article 1 of the Convention against Torture this draft law together with the revised Code of Misdemeanour Procedures aimed at making the procedure more clear and the new Child Protection Act criminalizing all forms of corporal punishment against children would be presented to Parliament by the end of the year Screening procedures for asylum applicants were conducted under the international protection procedure regulated by the Act on Granting International Protection to Aliens the requirements for the determination of refugee status set in the legislation met those of the 1951 Convention relating to the Status of Refugees and the Dublin regulations Estonia still did not have an accredited national human rights institution but those functions were performed by the Chancellor of Justice The delegation of Estonia consisted of representatives from the Ministry of Justice Ministry of the Interior and the Permanent Mission of Estonia to the United Nations Office at Geneva The next public meeting of the Committee will be at 10 am on Friday 31 May when it will adopt its concluding observations and recommendations on the country reports considered during the session and then conclude the sessionrsquo The fifth periodic report of Estonia can be read via the following link httpwww2ohchrorgenglishbodiescatdocsCATCEST5_epdf For more information please see httpwwwohchrorgenNewsEventsPagesDisplayNewsaspxNewsID=13349ampLangID=E
2222 Japan
lsquoThe Committee against Torture today concluded its consideration of the second periodic report of Japan on how it implements the provisions of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Introducing the report Hideaki Ueda Ambassador in charge of Human Rights and Humanitarian Affairs at the Ministry of Foreign Affairs of Japan said that Japan had taken steps and measures to ensure appropriate interrogation and examination procedures both by prosecutors and police officers In 2009 it established an expert committee to ensure transparency of the treatment and improve management at immigration detention facilities Japan became a State party to the Rome Statute in 2007 which was a clear demonstration of its resolve to end impunity for the perpetrators of the most serious crimes of concern to the international community including torture In December 2009 the Action Plan to Combat Trafficking in Persons had been adopted which promoted coordinated measures of prevention elimination and protection by relevant ministries and agencies Committee Experts were concerned about the terminology in the Japanese legislation regarding torture and wondered whether it covered the whole range of acts of torture and cruel inhuman or degrading treatment or punishment Experts noted that Japan had increased the capacity of prisons and wished to hear more about steps to address overcrowding and living conditions in places of
9
detention particularly in womenrsquos prisons Inmates on death row spent a long time waiting for the execution which would then often be carried out without much prior warning Committee Experts also spoke about solitary confinement in prisons spousal violence and violence against women incidence of trafficking in human beings and data on investigations and prosecutions the complaints system for women victims of violence and steps to deal with impunity for crimes committed during World War II prosecute those responsible and provide compensation to victims Responding to questions and comments raised by the Committee members yesterday 21 May and today the delegation said that there was an absolute constitutional prohibition of infliction of torture and cruel punishment by public officials and confessions extracted under compulsion torture or a prolonged period of detention were not admissible in courts In April 2008 the Public Prosecutionrsquos office had announced a policy to ensure appropriate interrogation including the right of a suspect to a counsel all those who could not afford one and were charged with serious crimes were provided with a counsel paid for by the State The notification of the execution of capital punishment was done shortly before the execution itself to avoid inflicting mental pain and families were informed immediately upon the execution The number of detainees in prisons was on the decline which contributed to reducing overcrowding and Japan would continue to undertake measures to further reduce it and improve living conditions in prison facilitiesrsquo The second periodic report of Japan can be read via the following link httpwww2ohchrorgenglishbodiescatdocsCATCJPN2_enpdf
23 UN Special Rapporteur against torture
lsquoThe United Nations Special Rapporteur against torture and other cruel inhuman and degrading treatment or punishment Juan E Meacutendez has recently published his latest thematic report on the revision of the Standard Minimum Rules for the Treatment of Prisoners (SMRs) The report will be presented during the 68th session of the United Nations General Assembly on 22 October 2013 and represents a significant contribution to the ongoing review process of the SMRs coordinated by the UN Office of Drug Control and Crime Prevention (UNODC) with the active participation of many States and civil society organizations For the preparation of the report the Special Rapporteur held an expert meeting in Oxford UK on 10 July 2013 on ldquothe review of the UN Standard Minimum Rules for the Treatment of Prisonersrdquo co-organized by the OHCHR the American University Washington College of Lawrsquos Center for Human Rights and Humanitarian Lawrsquos Anti-Torture Initiative and the Institute of Human Rights for Future Generations University of Oxford The review process is intended to reflect critical developments in international human rights law since the 1957 adoption of the SMRs and to enhance the ability of the SMRs to serve as a useful tool for States and civil society to protect and uphold the rights of persons deprived of their liberty In contributing to this process the report reflects on several areas targeted for reviews and analyzes their interplay with the international prohibition of torture and ill-treatment through the identification of the procedural standards and safeguards that States are obliged to implement to all situations of deprivation of liberty In this sense the report highlights the importance of including an explicit condemnation of torture and ill-treatment in accordance with Art 4 of the Convention against Torture and of considering the principle of humane treatment and respect for inherent dignity as the starting point for any consideration regarding policy making related to persons deprived of liberty In this regard the report sets specific standards regarding pre-trial detention access to counsel and appropriate medical assistance the limits on the use of solitary confinement and the safeguards States must implement during disciplinary procedures and punishments In particular the report highlights the importance of establishing independent complaint and oversight mechanisms such as National Preventive Mechanisms in accordance with the Optional Protocol to the Convention against Torture as a necessary tool to combat and prevent impunityrsquo
24 UN Jurisprudence
Latest Jurisprudence of UN Treaty Bodies is now available The cases law adopted at the last session of the HRC CERD CEDAW and CRPD are available on-line in the six UN official languages In order to ease access to the jurisprudence on individual cases additional information is now available such as the articles invoked the subject matter the procedural issues and the outcome bull Latest jurisprudence adopted by the treaty bodies
10
Human Rights Committee httpwww2ohchrorgenglishbodieshrcHRCommitteeCaseLawhtm Committee on the Elimination of Racial Discrimination httpwww2ohchrorgenglishbodiescerdjurisprudencehtm Committee on the Elimination of Discrimination against Women httpwww2ohchrorgenglishlawjurisprudencehtm Committee on the Rights of Persons with Disabilities httpwwwohchrorgENHRBodiesCRPDPagesJurisprudenceaspx Committee against Torture (soon in the new format) httpwww2ohchrorgenglishbodiescatjurisprudencehtm
3 Council of Europe
31 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
lsquoCouncil of Europe anti-torture Committee publishes report on Latvia Strasbourg 27082013 ndash The CPT has published today the report on its visit to Latvia carried out in September 2011 The report has been made public at the request of the Latvian authorities together with their responses In the course of the 2011 visit the CPTrsquos delegation received a number of allegations from detained persons of physical ill-treatment by the police (consisting mainly of punches kicks and inappropriate use of truncheons) at the time of apprehension and during questioning Some of these allegations were corroborated by the delegationrsquos own medical observations and other medical evidence The CPT concludes in the report that persons in police custody continue to face a certain degree of risk of being subjected to ill-treatment and calls on the Latvian authorities to exercise constant vigilance in this area As regards conditions of detention in police establishments the Committee emphasises that the conditions in some of the detention facilities visited were so poor that they could be considered as amounting to inhuman and degrading treatment In their response the Latvian authorities refer to training and education programmes offered to police officers on various subjects including the prohibition of torture and inhuman or degrading treatment interrogation techniques and the use of physical force special means and weapons Information is also provided on measures taken to improve material conditions in several police detention facilities As regards the situation in prisons the vast majority of prisoners interviewed made no allegations of physical ill-treatment by staff nevertheless some allegations were received in particular at Jelgava Prison It transpired that inter-prisoner violence was a problem in all the establishments visited in the Committeersquos view certain factors contributed to this phenomenon including large-capacity accommodation units cramped conditions in multi-occupancy cells (and consequential stress among prisoners) limited possibilities for most prisoners to occupy themselves and insufficient staffing levels As for the provision of health care to prisoners a number of major shortcomings (eg insufficient health-care staff severe shortage of medication problematic access to specialist care etc) were observed with many inmates being denied effective health care Particular attention is paid in the report to the situation of life-sentenced prisoners The CPT commends the steps taken by the Latvian authorities to improve material conditions of detention for this category of inmates and to develop a regime of activities for life-sentenced prisoners on the medium and high regime levels However the regime applied to life-sentenced prisoners on the low regime level (about 65 percent of all such prisoners) remains very impoverished the vast majority of them being confined to their cells for up to 23 hours per day Further the Committee stresses once again that it can see no justification for the systematic handcuffing of almost all life-sentenced prisoners whenever they were escorted inside the prison it calls upon the Latvian authorities to carry out a proper individual risk assessment in respect of these prisoners with a view to adjusting the security measures applied to them accordingly In their response the Latvian authorities provide information on the measures they have taken or intend to take in order to address the recommendations made by the CPT on the issues described above The report also examines the treatment and living conditions of patients at a psychiatric clinic and of residents at a social care home as well as the legal safeguards in the context of admission procedures The CPTrsquos visit report and the responses of the Latvian authorities are available on the Committees website wwwcptcoeint
11
Council of Europe anti-torture Committee publishes the Dutch Governments response to the report on the 2011 visit Strasbourg - 21082013 - The CPT has published today the response of the Dutch Government to the report on the CPTs most recent visit to the Netherlands in October 2011 The response has already been made public by the Dutch authorities The CPTs report on the 2011 visit to the Netherlands was published in August 2012 The response is available on the Committeersquos website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Georgia Strasbourg 31072013 ndash The CPT has published today the report on its November 2012 ad hoc visit to Georgia together with the Georgian authoritiesrsquo response High-level talks held during the CPTrsquos visit mainly focused on the effectiveness of criminal investigations launched following the publication on 18 September 2012 of video material containing scenes of apparent serious ill-treatment of prisoners by staff in certain penitentiary establishments The legislative administrative and other steps being taken (and planned) by the Georgian authorities in respect of the countryrsquos prison system were also discussed In its report the CPT welcomes the wide-scale prison amnesty while stressing that the problems of prison overcrowding and prison population inflation cannot be addressed in a comprehensive and lasting way through the use of such exceptional measures a strategy for the sustainable reduction of the prison population should include a variety of steps to ensure that imprisonment really is the measure of last resort The CPT has also made several recommendations concerning the two prisons visited by the delegation (in Gldani and Kutaisi) and on other issues related with the prison system especially the prison health-care services In their response the Georgian authorities provide information on the progress and outcome of the above-mentioned criminal investigations as well as on measures being taken to reform the Georgian prison system Those measures include steps to further reduce the prison population renovate existing prisons and build new establishments develop the programmes of activities for both sentenced and remand prisoners and improve prison staff training The response also contains information on the Strategy and Action Plan for Prison Health-care Reform for the period 2013 ndash 2014 The CPTrsquos report and the response have been published at the request of the Georgian authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee visits the Russian Federation Strasbourg 23072013 ndash A delegation of the CPT carried out an ad hoc visit to the Russian Federation from 9 to 19 July 2013 The main objective of the visit was to review the implementation of recommendations made after previous visits regarding the treatment of persons deprived of their liberty by law enforcement agencies For this purpose the delegation interviewed numerous detained persons who had recently been or were still in the custody of the police or other law enforcement agencies it also examined relevant documentation including investigation files concerning complaints about ill-treatment by staff of those agencies In the course of the visit the delegation held consultations with Alexandr GOROVOY First Deputy Minister of Internal Affairs and Maxim TRAVNIKOV Deputy Minister of Justice as well as with other senior officials of the above-mentioned Ministries at both the federal and regional level Meetings were also held with senior officials of the Federal Service for the Execution of Punishments (FSIN) and the Federal Drug Control Service (FSKN) Further in Moscow and in most of the regions visited the delegation met senior officials of the Investigative Committee of the Russian Federation The delegation visited the following places of deprivation of liberty Police establishments Republic of Bashkortostan - Temporary Detention Centre (IVS) of the City Internal Affairs Department Ufa - IVS at the Police Division No 5 Ufa - Police Divisions Nos 1 4 6 and 7 Ufa - Blagoveshchensk District Internal Affairs Department Novosibirsk Region - IVS of the City Internal Affairs Department Novosibirsk - Police Divisions Nos 2 4 and 7 Novosibirsk Omsk Region - IVS of the City Internal Affairs Department Omsk - Police Divisions Nos 2 and 9 Omsk - Division of the Ministry of Internal Affairs for Omsk City District - Special Reception Centre for Persons under Administrative Arrest Omsk
12
Sverdlovsk Region - IVS of the City Internal Affairs Department Yekaterinburg - Police Divisions Nos 1 4 5 14 and 15 Yekaterinburg Federal Drug Control Service establishments - FSKN Directorate for Omsk Region Omsk - FSKN Directorate for Sverdlovsk Region Yekaterinburg The delegation also carried out interviews of newly-arrived remand prisoners in the following establishments under the Ministry of Justicersquos Federal Service for the Execution of Punishments - Pre-trial establishment (SIZO) No 1 Novosibirsk - SIZO No 1 Omsk
- SIZO No 1 Ufa SIZO No 1 Yekaterinburg Council of Europe anti-torture Committee publishes report on Slovenia Strasbourg 19072013 - The CPT has published today the report on its JanuaryFebruary 2012 visit to Slovenia The report has been made public at the request of the Slovenian authorities together with their response In the course of the visit the Committeersquos delegation examined the treatment and conditions of detention of persons held in police facilities prisons and psychiatric establishments The CPT received only a few isolated allegations of police ill-treatment they concerned excessive use of force in the context of apprehension and threats of physical ill-treatment during police questioning The material conditions of detention in police facilities were on the whole satisfactory As regards the prison system the CPT acknowledges the efforts made by the Slovenian authorities to increase the capacity of the prison estate however overcrowding continued to be a problem in some prisons In other aspects the material conditions of detention were generally adequate The Committee gained a particularly positive impression of the two newly-opened blocks at Dob Prison Particular attention is paid in the report to the regime of activities provided to inmates In this respect the Committee expresses concern about the situation of remand prisoners at Celje and Ljubljana Prisons as well as of prisoners held under the reinforced security regime at Celje and Dob Prisons The majority of these inmates spent most of the day locked-up in their cells with little to occupy themselves In their response the Slovenian authorities assure the Committee that efforts will be made to improve the existing arrangements By way of example in the second half of 2012 the regime for remand prisoners at Ljubljana Prison was relaxed so that now the inmates concerned may spend four hours a day on weekdays out of their cells With respect to psychiatry the CPT welcomes the adoption in July 2008 of the new Mental Health Act which inter alia reinforces the legal protection of patients in psychiatricsocial care institutions At Maribor Psychiatric Department the overwhelming majority of patients interviewed by the CPTrsquos delegation indicated that hospital staff had a caring attitude towards them However the delegation received a few allegations of physical ill-treatment of patients by nursing staff shortly after having been fixated to a bed The CPT also expresses misgivings about the fact that mechanical restraint was not always applied as a measure of last resort and that patients were on occasion subjected to fixation for prolonged periods In their response the Slovenian authorities state that a clear message has been delivered to nursing staff that no ill-treatment whatsoever of patients will be tolerated and that special training is being provided in handling aggressive andor agitated patients The CPTs report and the Slovenian authoritiesrsquo response are available on the Committees website httpwwwcptcoeint Forced return flights from the UK the European anti-torture committee publishes its first report Strasbourg 18072013 - The CPT publishes today its first report on an operation of deportation of foreign nationals by air The monitoring took place in the context of an ad hoc visit to the United Kingdom from 22 to 24 October 2012 and involved the presence of a CPT delegation on a charter flight between London and Colombo (Sri Lanka) In its report the CPT concludes that ldquoeach stage of the preparation of the removal process was carefully planned and organised staff were well briefed and every effort was made for the removal to be carried out in a humane wayrdquo However the CPT makes several recommendations and comments concerning both the preparation and execution phases of such operations The main issues raised concern the use of restraint by escort staff the presence of a medical doctor (instead of a paramedic or a nurse) on
13
board removal charter flights and the need for a ldquofit to fly certificaterdquo for persons to be deported In particular the CPT recommends that efforts be made for the revised training package for overseas escorts to be accredited and implemented at the earliest opportunity In their response the UK authorities indicate that an Independent Advisory Panel on Non-Compliance Management has been recruited to assess the quality and safety of the recently revised training package developed by the National Offender Management Service As regards the presence of a medical doctor on board the authorities indicate that ldquowhere indicated by risk assessment and where appropriate a doctor will be providedrdquo On the subject of the delivery of a ldquofit to fly certificaterdquo the authorities indicate that they do not consider it necessary ldquoto positively assert in all cases that a person is fit to fly based on the reasonable assumption that this will be the case in the vast majority of instancesrdquo Other important recommendations related to the presence of interpreters throughout the whole removal process (including on board the aircraft) as well as the provision of psychological support and counselling to better prepare the persons to be deported for their removal Recommendations are also made concerning the recruitment procedure of escort staff (which should include some form of psychological assessment) as well as the measures to be taken to avoid professional exhaustion syndrome and the risks related to routine and to ensure that escort staff maintain a certain emotional distance from the operational activities in which they are involved The CPT regrets that the Sri Lankan authorities did not allow its delegation to observe the hand-over of the returned detainees to local immigration staff The Committee invites the UK authorities to expressly address the issue of the role of monitoring bodies in readmission
agreements
The CPTs visit report and the response of the United Kingdom authorities are available on the Committees website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Malta Strasbourg 04072013 ndash The CPT has published today the report on its September 2011 visit to Malta together with the Maltese authoritiesrsquo response The visit mainly focused on Corradino Correctional Facility the only prison in Malta In certain parts of the prison material conditions of detention had significantly improved since the CPTrsquos previous visit in 2008 However major shortcomings were found once again in several other areas of the establishment (in particular as regards the state of repair of cells and access to natural light) The situation was further exacerbated by the prevailing overcrowding and the lack of organised activities for many prisoners The CPT has recommended in particular that a comprehensive plan to renovate the entire prison be drawn up as soon as possible The CPT also carried out follow-up visits to Lyster and Safi Barracks the only two detention centres for foreigners which were operational at the time of the visit In its report the Committee expresses concern about the frequency and seriousness of allegations received from foreign nationals about the force used by soldiers and police officers in the context of disturbances which had occurred in August 2011 at the Safi Detention Centre it has recommended that a comprehensive inquiry by an independent body be carried out into this matter At the Lyster Detention Centre the CPT observed improvements both in terms of material conditions and activities provided to foreign nationals However the conditions under which foreign nationals were being held in the two Warehouses at Safi Barracks remained very poor Further in both detention centres the health-care services were clearly insufficient Following a brief visit to Mount Carmel Psychiatric Hospital the CPT has expressed serious misgivings about the manner in which agitated or suicidal patients had on occasion been managed It has also made a number of specific recommendations to improve living conditions in the Forensic Ward and the Ward for Irregular Migrants In their response the Maltese authorities provide information on the action taken to address the recommendations made by the Committee on the issues described above
The CPTrsquos report and the response have been published at the request of the Maltese authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee publishes the Danish Governments response to the report on the visit to Greenland (September 2012) Strasbourg 03072013 - The CPT has published today the response of the Danish Government to the report on the Committeersquos ad hoc visit to Greenland in September 2012 The response has been made public at the request of the Danish authorities In its response the Danish Government provides information on the measures taken in the light of the recommendations made by the CPTrsquo
14
The CPTrsquos report on its visit to Greenland was made public in January 2013 The response is available on the Committees website wwwcptcoeint
32 Council of Europe Commissioner on Human Rights
lsquoTurkey police violence must not go unpunished Strasbourg 872013 - ldquoAll instances of excessive use of force by the police must be fully investigated and adequately punishedrdquo said Nils Muižnieks the Council of Europe Commissioner for Human Rights at the end of a five day visit to Istanbul and Ankara during which he discussed the Gezi Park events and other human rights issues The Commissioner recalled that according to the case-law of the European Court of Human Rights the failure to effectively investigate the misconduct of security forces was a human rights violation in itself and that Turkey had been condemned on numerous occasions by the Court precisely for this reason The Commissioner had received serious allegations of human rights violations committed by law enforcement forces against demonstrators backed up by witness accounts photos videos forensic evidence as well as the number of deaths and injuries over the course of the events Most of these reports concerned excessive and improper use of tear gas and ill-treatment by police at the time of apprehension On the other hand members of the government and security forces considered that the use of force had been proportionate in view of the actions of marginal groups hijacking the demonstrations except for isolated incidents which are under investigation [hellip] The Commissioner also noted that members of certain professional groups such as doctors lawyers academics teachers media professionals expressed fear of intimidation as well as of administrative and judicial measures against them as a result of their non-violent actions during the protests The Commissioner urged the Turkish authorities to allay these fears as a matter of urgency and to ensure that any perception of reprisals is averted The Commissioner also stated that there were certain shortcomings both in the Turkish legislation concerning the right to assembly and the role of law enforcement and its application by the competent authorities ldquoThe legislation and practice puts too much emphasis on the lawfulness of demonstrations as opposed to their peacefulness contrary to the European Convention on Human Rightsrdquo stated the Commissioner adding that the overwhelming majority of demonstrators in the Gezi Park events given the total participation of 25 million had thankfully been peaceful [hellip] The Commissioner also referred to his meetings with the newly established Ombudsman Office and the Turkish Human Rights Institution stating that the latest events provided a unique opportunity for these institutions to establish their credibility in the eyes of the Turkish public He stressed that citizens with grievances should also use the Ombudsman Office for redress including for actions of the security forces during demonstrationsrsquo The Commissionerrsquos report on his visit is forthcoming Press contact in the Commissionerrsquos Office Stefano Montanari stefanomontanaricoeint
33 Summaries of selected Article 3 cases before the European Court of Human Rights June and July 2013
AGAM DNM MKH MYH AND OTHERS NANS NMB NMY AND OTHERS SA V SWEDEN (NOS 7168010 2837911 7241310 5085910 6841110 6833510 7268610 6652310)
httphudocechrcoeintsitesengPagessearchaspxfulltext[AGAMDNMMKHMYH20AND20OTHERS]documentcollectionid2[GRANDCHAMBERCHAMBER]itemid[001-121571] 27 June 2013 ndash No violation of Article 2 and or Article 3 ndash No evidence to confirm that the
applicants would be exposed to a real risk of inhuman or degrading treatment or of becoming victims of honour-related crimes in the event of extradition in southern of central Iraq (for the applicants in the cases DNM and SA) or in Kurdistan (for the applicants in the other six cases)
15
All eight cases concerned the deportation of failed asylum-seekers originally from Baghdad Mosul and Kirkuk to Iraq The applicants in the cases DNM and SA alleged that if they were to be removed to Iraq they would be at risk of becoming victims of honour-related crimes due to their relations with women whom were disproved by their families while the other six applicants alleged that they would be at risk of persecution if deported to Iraq due to being Christian a religious minority in the country The Court noted that each of the applicantsrsquo claims had been examined and rejected by the Migration Board and the Migration Court particularly because the incidents of which the applicants were victim were mostly related to general security in Iraq at the time and that the applicants were not in need of asylum in Sweden since a number of years had since passed and the level of violence had thus declined The Court took into consideration the current national and international reports available and the gradual improvement that had been made Despite the applicantsrsquo personal circumstances (cases DNM and SA) and that their belonging to a vulnerable minority (the other six cases) would risk their lives and or facilitate inhuman or degrading treatment if removed the Court held that all ten applicants could relocate to other regions in Iraq such as Kurdistan in the north (concerning the six other cases) or to southern and central Iraq (cases DNM and SA) Therefore there would be no violation of Articles 2 and 3 of the Convention if the applicants were removed in southern or central Iraq or in Kurdistan
Horshill v Greece (application no7042711) httphudocechrcoeintsitesengPagessearchaspxfulltext[Horshill]languageisocode[FRA]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122973]
Detention of an asylum seeker in Greek police stations found to be degrading treatment incompatible with Article 3 of the Convention
In the Chamber judgment in the case of Horshill v Greece (application no7042711) the European Court of Human Rights held unanimously that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights The case concerned the placement in detention of Ismail Alfateh Horshill and the conditions in which he was detained The applicant a foreign national who was due to be deported was held successively for fifteen days in two police stations after having applied for asylum Pursuant to a decree transposing a directive from the Council of the European Union into national law Ismail Alfateh Horshill who had no travel documents was placed in detention by the Greek authorities Noting that the applicant had been released from detention after a short period of two weeks the Court considered that his detention had not been arbitrary and that it could not be concluded that it had not been ldquolawfulrdquo within the meaning of Article 5 sect 1 (f) of the Convention
Vinter and Others v United Kingdom - 6606909 13010 and 389610 Judgment 972013 [Grand Chamber]
httphudocechrcoeintsitesengPagessearchaspxfulltext[vinter]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122664] Article 3 The Grand Chamber agreed with and endorsed the Chamberrsquos finding that a grossly disproportionate sentence would violate Article 3 of the Convention although that test would be met only on rare and unique occasions In the instant case the applicants had not sought to argue that their whole life orders were grossly disproportionate instead they submitted that the absence of an in-built procedural requirement for a review constituted ill-treatment not only as the Chamber had found when there ceased to be legitimate penological grounds to justify continued detention but from the moment the order was made The Court reiterated that Contracting States must be allowed a margin of appreciation in deciding on the appropriate length of prison sentences for particular crimes and must remain free to impose life sentences on adult offenders for especially serious crimes However the imposition of an irreducible life sentence on an adult could raise an issue under Article 3 In determining whether a life sentence in a given case could be regarded as irreducible the Court would seek to ascertain whether the prisoner could be said to have any prospect of release Where national law afforded the possibility of review of a life sentence with a view to its
16
commutation remission termination or the conditional release of the prisoner that would be sufficient to satisfy Article 3 There were a number of reasons why for a life sentence to remain compatible with Article 3 there had to be both a prospect of release and a possibility of review Firstly it was axiomatic that a prisoner could not be detained unless there were legitimate penological grounds for that detention The balance between the justifications for detention was not necessarily static and could shift in the course of the sentence It was only by carrying out a review at an appropriate point in the sentence that these factors or shifts could be properly evaluated Secondly incarceration without any prospect of release or review carried the risk that the prisoner would never be able to atone for his offence whatever he did in prison and however exceptional his progress towards rehabilitation Thirdly it would be incompatible with human dignity for the State forcefully to deprive a person of his freedom without at least providing him with the chance to someday regain that freedom Moreover there was now clear support in European and international law for the principle that all prisoners including those serving life sentences should be offered the possibility of rehabilitation and the prospect of release if rehabilitation was achieved Accordingly Article 3 had to be interpreted as requiring reducibility of life sentences in the sense of a review allowing the domestic authorities to consider whether any changes in the life prisoner are so significant and such progress towards rehabilitation has been made in the course of the sentence as to mean that continued detention can no longer be justified on legitimate penological grounds While it was not the Courtrsquos task to prescribe the form (executive or judicial) which that review should take or to determine when it should take place the comparative and international law materials before it showed clear support for the institution of a dedicated mechanism guaranteeing a review no later than twenty-five years after the imposition of a life sentence with further periodic reviews thereafter A whole life sentence would not measure up to the standards of Article 3 where the domestic law did not provide for the possibility of such a review Lastly although the requisite review was a prospective event necessarily subsequent to the passing of the sentence a whole life prisoner should not be obliged to wait and serve an indeterminate number of years of his sentence before he could raise the complaint that the legal conditions attaching to his sentence failed to comply with the requirements of Article 3 Whole life prisoners were entitled to know at the outset of their sentence what they must do to be considered for release and under what conditions including when a review of their sentence will take place or may be sought Consequently where domestic law did not provide any mechanism or possibility for review of a whole life sentence the incompatibility with Article 3 on this ground already arose when the whole life sentence was imposed and not at a later stage of incarceration The Government had argued before the Court that the aim of the 2003 Act was to remove the executive from the decision-making process concerning life sentences and this was the reason for abolishing the 25-year review by the Home Secretary which had existed beforehand However the Court considered that it would have been more consistent with the legislative aim to provide that the 25-year review would be conducted within a judicial frame- work rather than completely eliminated The Court also found that the current law concerning the prospect of release of life prisoners in England and Wales was unclear Although section 30 of the 1997 Act gave the Justice Secretary the power to release any prisoner including one serving a whole life order the relevant Prison Service Order provided that release would only be ordered if a prisoner was terminally ill or physically incapacitated These were highly restrictive conditions and in the Courtrsquos view compassionate release of this kind would not be what was meant by a ldquoprospect of releaserdquo in Kafkaris In light therefore of this contrast between the broad wording of section 30 and the exhaustive conditions announced in the Prison Service Order as well as the absence of any dedicated review mechanism for whole life orders the Court was not persuaded that at the present time the applicantsrsquo life sentences could be regarded as reducible for the purposes of Article 3 The requirements of that provision had not therefore been met in relation to any of the three applicants The Court emphasised however that the finding of a violation in the applicantsrsquo cases should not be understood as giving them any prospect of imminent release Whether or not they should be released would depend for example on whether there were still legitimate penological grounds for their continued detention and whether they should continue to be detained on grounds of dangerous- ness These questions were not in issue in this case and were not the subject of argument before the Court Conclusion violation (sixteen votes to one) Article 41 Finding of a violation constituted sufficient just satisfaction for any non-pecuniary damage sustained by the first applicant No claim made by the other applicants
17
4 European Union and associated bodies
41 European Union Agency for Fundamental Rights (FRA)
June 2013 the European Court of Human Rights (ECtHR) and the European Union Agency for Fundamental Rights (FRA) published a joint Handbook on European law relating to asylum borders and immigration on 11 June lsquoIt examines the relevant law in the field of asylum borders and immigration stemming from both European systems the European Union and the Council of Europe It provides an accessible guide to the various European standards relevant to asylum borders and immigration The handbook is the second joint publication of this kind following a first handbook on non-discrimination issued in 2011 It is based on the case law of the European Court of Human Rights and the European Court of Justice as well as on the relevant EU regulations and directives It is also a first point of reference on the European Social Charter (ESC) and other instruments of the Council of Europe It is designed to assist legal practitioners at national and European level including lawyers judges prosecutors border guards immigration officials and others working with national authorities as well as non-governmental organisations and other bodies that may be confronted with legal questions in any of the areas the handbook sets out to coverrsquo The handbook is available at httpfraeuropaeusitesdefaultfileshandbook-law-asylum-migration-borders_enpdf
5 News from NGOs amp general updates
51 The Association for the Prevention of Torture Geneva (APT)
lsquoRights within the EU What role for European Institutions Monday September 16 2013 ldquoThe Treaties of the European Union state that the EU is founded on the value of respect for human rightsrdquo However much remains to be done for EU institutions to properly address gross human rights violations within the EU particularly the Council of the European Union This is the message that members of the Human Rights and Democracy Network which the APT is part of have sent to the representatives of all key EU institutions The letter singles out the EU Council Working Party on Fundamental Rights and Free Movement of Persons (FREMP) which has ldquobeen largely confined to negotiating the EU accession to the European Convention on Human Rightsrdquo rather than seeking to address serious human rights abuses within the European Union The letter concludes with a set of practical and constructive recommendations to the main EU institutions including the Council Commission Parliament and the Fundamental Rights Agency including strengthening the mandate of the latter The APT supports these recommendations and calls on remaining EU states that have not yet done so to ratify the Optional Protocol to the UN Convention against Torture (OPCAT) Presently 7 members of the EU (Belgium Finland Greece Ireland Latvia Lithuania and Slovakia) are not party to this innovative treaty The APT also calls on EU states that have established or designated National Preventive Mechanisms under the OPCAT to provide them with the necessary independence and resources as well as engaging in a constructive dialogue with these institutions to meaningfully reduce the risk of abuse on persons deprived of their libertyrsquo See more at httpwwwaptchennews_on_preventionrights-within-the-eu-what-role-for-european-institutionsUjnGb-DZn4Y lsquoExcessive use of pre-trial detention in the EU Tuesday September 10 2013 The APT today co-signed a letter sent to European Commission Vice-President Viviane Reding urging the Commission to take steps aimed at reducing the excessive periods of time people spend in pre-trial detention and to increase the use of alternatives
18
Across the European Union both the use and material conditions of pre-trial detention vary considerably and can have a very detrimental impact on persons deprived of their liberty Among other issues the letter calls on the Commission to take concrete steps to establish minimum and enforceable EU standards on pre-trial detention The letter is co-signed by 22 NGOs and has been copied to various relevant European Commission actorsrsquo lsquoInstitutional culture in detention a framework for preventive monitoring This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts It is the second in a series of thematic papers on aspects of detention monitoring which have so far been under-researched and received little attention They are the result of a joint project between the APT and Penal Reform International (PRI) with financial assistance of the UK Government and the European Unionrsquo See further details at httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17 Read more on the APT website at httpwwwaptch
52 Penal Reform International (PRI)
- Institutional culture in detention a framework for preventive monitoring
This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other forms of ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts This resource from PRI and the Association for the Prevention of Torture (APT) is designed to - raise awareness among monitoring bodies of the role of culture in places of detention in the prevention of torture and ill-treatment - provide a framework for understanding culture in places of detention - outline some common cultural attitudes that can represent risk factors for torture and ill-treatment - provide some examples of processes and factors that contribute to positive culture change in places of detention httpwwwpenalreformorgresourceinstitutional-culture-detention-framework-preventive-monitoring-3
- PRI briefing on complaints mechanisms in its Justice for Children series
Part of PRIs series of Justice for Children Briefings this resource explains a childs right to complain about his or her care treatment and conditions while deprived of their liberty Upholding the right to complain is very important for giving a voice to children in detention and for ensuring that their other human rights are protected The briefing looks at the basis of this right in international and regional treaties and standards and challenges to children in fulfilling this right It identifies key elements for creating an effective complaints mechanism and provides recommendations to ensure children can achieve their right to make complaints httpwwwpenalreformorgresourcechildren-deprived-liberty-complaints
- The Guide on gender-sensitive monitoring
The Guide is now also available in Spanish
httpwwwpenalreformorgresourcewomen-detention-guide-gendersensitive-monitoring
19
6 Immigration detention and monitoring updates
61 Council of Europe Immigration Issues
611 Migration Co-ordination Division update on work in the field of asylum and immigration
Recent editions of the Migration Co-ordination Newsletter were published in July and August 2013 The Newsletter provides a glance at some of the relevant Council of Europe activities on migration asylum and integration It will be published monthly and sent electronically to interested parties As we all know migration constitutes an ever-growing concern within the field of human rights and different aspects of migration profoundly affect social well-being In the foreseeable future these issues will only grow in importance and relevance across Europe Here the Council of Europe has a lot to offer The Migration Co-ordination Division hopes that this newsletter can give readers an insight into some of the debates and migration related activities as they unfolded at the Council in the months of June July and August The Newsletters are available at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp You can subscribe to future newsletters by sending an email to migration-newslettercoeint and you can search the archives for previous newsletters at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp Ukraine Efforts to improve policies and practices of detention of foreigners Strasbourg 4 July 2013 The Ukrainian authorities are engaged in serious efforts to bring their national policy and practice with regard to the detention of migrants and asylum-seekers in line with the Council of Europe standards A recent legislative initiative to amend several legal acts governing the status and the judicial protection of foreigners and stateless persons (draft law No 2743) emphasises the commitment of the Ukrainian government to ensure a judicial review of decisions depriving foreigners of their right to liberty The Council of Europe Migration Co-ordinator Christos Giakoumopoulos said the amendments which are currently examined by the Ukrainian parliament (Verhovna Rada) are an important step in ensuring compliance with Council of Europe norms as they are clearly inspired by the recommendations of the Committee of Ministers of the Council of Europe Moreover he said these amendments constitute a positive development in the process of the implementation of several judgements of the European Court of Human Rights such as for example the Soldatenko v Ukraine group of cases and the case of Nowak v Ukraine in which Ukraine was found in breach of the European Convention of Human Rights on account of unlawful detentions and lack of judicial control
62 Council of Europe Parliamentary Assembly (PACE) Migration Committee
Assistance to Syrian refugees after Lebanon PACE rapporteur continues visit to Turkey lsquoStrasbourg 21082013 ndash Jean-Marie Bockel (France EPPCD) who is preparing a report for the Parliamentary Assembly of the Council of Europe (PACE) on international assistance for Syrian refugees in Jordan Turkey Lebanon and Iraq today begins a fact-finding visit to Turkey (21 to 22 August 2013) following on from a visit to Lebanon (19-20 August) In Hatay (21-22 August) Mr Bockel will meet the Governor of Hatay and Turkish government officials ndash including from the Disaster and Emergency Management Presidency in the Prime Ministersrsquo Office ndash as well as representatives of the Red Crescent in Turkey He will also visit a local centre where refugees are accommodated and will speak to local residents about the impact of the refugee influx on the local community In Lebanon Mr Bockel met Syrian refugees in Alaawi (South Lebanon) and Ketermaya (Mount Lebanon) and discussed their situation with representatives of the UN High Commissioner for
20
Refugees and other NGOs working in the field During these exchanges of view he drew the authoritiesrsquo attention in particular to the situation of women and children Mr Bockelrsquos report is a follow-up to a current affairs debate held by the Assembly on this topic in April 2013rsquo For more details see httpassemblycoeintASPNewsManagerEMB_NewsManagerViewaspID=8977ampL=2
7 NPM discussion topic No 1 ldquothe monitoring of sobering-up detentionrdquo
71 Introduction
The thematic section for this Newsletter is on the experiences of NPMs regarding sobering-up detention The Polish NPM is currently preparing a thematic report and a conference regarding sobering-up stations and is looking for comparative experiences of monitoring such places from other CoE region NPMs In Poland these are institutions where drunk individuals are detained until they get sober for no longer than 24 hours In these places there is a non-stop medical service given to those people Those individuals are escorted there by the police because of their behaviour in public or at home The Polish NPM questions to the European NPM Network are
- how in your countries is the problem of care given to drunk people is solved - Where are drunk individuals placed (detained) if they are stopped by the Police - Can they leave those places anytime or they have to stay there till they are sober - What kind of care is given to them
The overview of responses to these questions form the European NPM Network members is below
72 Overview of responses from the European NPMs
- Response from the NPM of Luxembourg lsquoIn Luxemburg we have a very similar law regarding public drunkenness Following article 28 of the modified law from June 29th 1989 people that in a state of drunkenness cause public disorder or are likely to be harmful for themselves or others can be arrested by the police without intervention of a judge or an attorney for no longer than 24 hours Once arrested this people benefit from the full range of rights guaranteed to any other arrested person for criminal reasons (right to immediate assistance of a lawyer or consular assistance for foreigners right to call a family member inventory of their belongings fresh water supply etchellip) As for any other detainee the privation of liberty can only take place after a medical visit that generally takes place at the police station The surgeon in charge has to establish a written document stating that the concerned person does not present any corporal AND mental diseases making detention inappropriate or potentially harmful During the detention time those persons are under close survey (continuously by video and physically every hour at least all those verifications have to be noted down in real time indicating the time of control and the name of the controlling officer in a registry that is accessible at any time to the NPM and to the Inspectorate general of the Police) The Luxemburgish NPM already conducted several visits to police stations especially during the weekend nights Generally there was no noticeable problem The average time of privation of liberty cannot exceed 24 hours practically the detention time is very rarely superior to 6 hours In general people picked up during the night are released in the early morning hours The maximum time encountered by the Luxemburgish NPM was 165 hours immediately followed by a detention time of 825 hours There is no continuous medical survey in Luxemburg in case of a medical urgency people are immediately transferred to the next hospital which practically never happened until today as people with severe intoxications are detected by the medical visit prior to detention and are immediately transferred to a hospital
21
People arrested in Luxemburg on the legal basis above cannot leave the police station by their own decision liberation is depending upon the decision of the commanding police officer of the concerned station We also have another legal basis article 37 of the modified Police-law from May 31st 1999 entitling the police to arrest under the same conditions and restrictions as above anybody who by his ldquofoolishrdquo (insenseacute en french) behavior in public is likely to be harmful for himself or for others even without consumption of alcohol or drug abusersquo
- Response from the NPM of Slovenia
lsquoIn Republic of Slovenia there are no lsquosobering-up stationsrsquo per se However the police may order and carry out detention of a person under the influence of alcohol in certain cases for example as defined in the Minor Offences Act according to which (also) police officers may order detention when the perpetrator is caught committing minor offence under the influence of alcohol or other psychoactive substances and there is danger that (s)he will continue to commit minor offences such detention (which is not the only possible one involving the police) takes place in detention rooms at police stations and can last until the perpetrator becomes sober or capable to control behavior - but no longer than 12 hours Regarding lsquocare given to drunk peoplersquo in police detention ndash first of all police officers are bound to make sure that detained person gets medical aid if needed (injuries signs of alcohol poisoninghellip) or if the person demands so - this can be provided by medical personnel coming to place of detention itself or by taking the person to proper institution Police officer carrying out the detention is actually bound to take care of safety in general of the detained person for the duration of detention at least regular physical supervision is necessary but most often technical (audio and video) is provided too Drinkable water must be provided at all times and generally also one cold meal If the person is brought in wearing wet or in any other way unsuitable clothing (given the season weather conditionshellip) police officer must provide the person with proper clothes or footwear for the duration of the detention Certain standards are prescribed for the detention rooms themselves also ndash in cases of detention of up to 12 hours the floor shall not be slippery air temperature shall not be under 18 degrees Celsius in any case the room shall be equipped with toilet facilities unbreakable wash-hand basin and fixed bed with impermeable inflammable and untearable pillow and two blankets All circumstances regarding the detention (condition of the person carried out physical supervisions provided clothing food etc) are to be also carefully documentedrsquo
- Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo
lsquoIn our Law of Police is regulated this question The police officer may detain a person under the influence of alcohol or other psychoactive substances under terms and conditions determined by special law and the detention can last up to 8 hours With this article is limited time of detention because for criminal acts detention in police station is maximum 24 hours ( 12 hours for juveniles) Person under the influence of alcohol has the same rights like other detainees We dont have special places for detention of intoxicated people and police use regular detention places in the police stations Pursuant to the Rulebook on the Manner of Performance of Police duties and the Standard Operating Procedures for Detention and Treatment of Detainees the head of shift (police officer for admission) is responsible for admission of persons giving advice on realization of hisher rights including continuous monitoring during the detention for the purpose of ensuring the detained personsrsquo safety in the police station So people who are detained in Police station have right for food and water right to an attorney and informing the family right to medical assistance The shift manager is obligated to assess the health status of detained persons upon admission and record the same in the detention report The shift manager records any visible injuries visible signs of illness influence of alcohol or psychotropic substances thereby assessing whether medical attention is required In case of serious injuries or if the detainee complains for pain or injuries the right to medical assistance is of priority and it is undertaken before any other activity For most of the police stations it was concluded that in cases when there is higher blood alcohol content among the detainees a doctor was not called by the shift manager and in that line the NPM gave a recommendation that a doctor should be called no matter whether the person asks for medical assistance This should be made in order to act in line with the temporary protection of the health of the person deprived of liberty
22
In our report for 2012 we have thematic part about People detained in police stations ndash alcohol abusers Here is our opinion The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed In four of the folders for detainees in PS ____ it was assessed that the people were drunk in the limits of 1 50 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officers Regarding your questions in my country we dont have special places for drunk people and they are placed in police station in period of 8 hours without possibility to leave before they sober up and permission by head of shift If they have visible injuries or ask for medical help its called doctor but we suggested hat the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of libertyrsquo
- Response from the NPM of Georgia
lsquoSince the Soviet period Georgia had no special institution for drunken individuals According to the Georgian legislation being under the influence of alcohol per se doesnrsquot constitute an infraction Although last year in one region Akhalkalaki the Georgian NPM revealed a vicious practice ndash drunken individuals were detained by the police and held in a police station without being registered in any special registry until next morning The fact has been mentioned in the Public Defenderrsquos Report for 2012 and the abolition of this kind of practice has been recommended to the Minister of Internal Affairs In general if a detained person has any kind of medical concern an officer in charge calls the emergency service the detainee could even be transferred to hospital for example in case of acute alcoholic intoxicationrsquo
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo
81 Introduction
The Luxembourg NPM contacted the European NPM Network regarding vulnerable groups in prison as it is about to prepare a mission on its national prisons specially focused on the respect of the rights and the treatment of particularly vulnerable categories of prisoners and wanted to draw upon other comparative NPM experiences The NPM was in particular focused on the following categories vulnerable groups middot lsquoPrisoners living in detention without interruption for more than 10 years middot Prisoners recently condemned to a sentence of 15 years minimum middot Prisoners recently condemned to a very short sentence (9 months maximum) middot Older prisoners minimum age of 55 years
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
5
Balassagyarmat District Court The Ombudsmans investigation found that pursuant to the decree of the Minister of Justice the letters of detainees addressed to authorities cannot be checked A letter written to the court shall not be read by any prison officers therefore a disciplinary proceeding could have not been initiated against the detainee based on his letter The head of prison might have discovered the obvious infringement and should have terminated the proceeding at first instance However the disciplinary proceeding ended only at second instance by the Deputy Commander The Ombudsman also pointed out that the European Court of Human Rights had previously decided against Hungary because a penitentiary institution checked one prisonerrsquos correspondence with the court in Strasbourg The Commissioner for Fundamental Rights noted that Balassagyarmat Prison had seriously infringed the prisonerrsquos privacy as well as his right for communication Therefore he recommended to the Director General of the Hungarian Prison Service to take actions to prevent similar abuses in the future as well as to avoid checking the prisonersrsquo contacts with the authorities human right defenders or legal representativesrsquo For further details please contact The International Ombudsman Institute | General Secretariat co Austrian Ombudsman Board Singerstrasse 17 A-1015 Vienna PO Box 20 mail ioivolksanwgvat or the Office of the Commissioner for Fundamental Rights Hungary
114 NPM of Poland
The Polish NPM has recently published its annual report for 2012 For further details or a copy please contact Marcin Kusy Office of the Human Rights Defender of the Republic of Poland at mkusybrpogovpl
115 Lithuania Seimas Ombudsmanrsquos office
lsquoOn 16 April upon the nomination of the Speaker the Seimas (Parliament) appointed Augustinas Normantas to investigate activities of officials of state institutions and agencies instead of investigation of activities of officials of municipal institutions and agencies that he has been responsible for since 2005 On 23 April the Seimas appointed Raimondas Šukys a former parliamentarian minister of the interior and health to the position of the Seimas Ombudsman He was nominated by the Speaker of the Seimas Mr Šukys was appointed to investigate activities of officials of municipal institutions and agencies On 25 April a newly appointed Seimas Ombudsman swore an oath in the Parliament On the same day at the secret ballot the Seimas Ombudsman Dr Augustinas Normantas was appointed to the position of the head of the Seimas Ombudsmenrsquos Office [hellip] Following change of the Seimas Ombudsman the institution started to implement organisational-structural and activity-related changes following which a new structure of the Office was approved groups of Advisers to the Seimas Ombudsmen formed distribution of areas of activities performed and a Human Rights Division as a separate administrative unit established Arminas Lydeka the former Chairman of the Seimas Committee on Human Rights was appointed to the position of the head of the newly established Human Rights Division [hellip] Another significant change is that the draft Law amending the Law on the Seimas Ombudsmen which provides for additional functions of the Seimas Ombudsmenrsquos Office that are necessary to become a national human rights institution as well as national preventive mechanism which would perform prevention of torture and other cruel inhuman or degrading treatment or punishment in closed detention institutions under the OPCAT is submitted to the Seimas of the Republic of Lithuania It should be noted that the Seimas Ombudsmenlsquos Office carries out the prevention of torture and other cruel inhuman or degrading treatment or punishment in closed detention institutions even now and also performs to a limited extent the functions attributable to a human rights institution however after the Seimas of the Republic of Lithuania ratifies the Optional Protocol and approves the new wording of the Law on the Seimas Ombudsmen it will be possible to implement these functions to the full extentrsquo For more information contact The International Ombudsman Institute | General Secretariat co Austrian Ombudsman Board Singerstrasse 17 A-1015 Vienna PO Box 20 mail ioivolksanwgvat
6
2 United Nations
21 UN Sub-Commitee on Prevention of Torture (SPT) and OPCAT news
211 SPT visits
2111 SPT advisory visit to the NPM of Armenia
lsquoSPT delegation visits Republic of Armenia to strengthen the national capacity to prevent torture Yerevan 6 September 2013 ndash The United Nations Subcommittee on Prevention of Torture concluded today its first visit to the Republic of Armenia The purpose of the visit which took place from 3 to 6 September 2013 was to provide advice and technical assistance to the Armenian National Preventive Mechanism (NPM) The NPM is the mechanism for the prevention of torture in conformity with article 11 of the Optional Protocol to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment During its visit to Armenia the Subcommittee met with Government officials non-governmental organizations United Nations representatives as well as with the Armenian NPM The Subcommittee devoted most part of its visit to a capacity building exercise of the Armenian NPM through substantive meetings with the Torture and Violence Prevention Division of the Human Rights Defenders Office and the Torture Prevention Expert Council as well as a number of joint visits to places of deprivation of liberty UN experts had the opportunity to assess first-hand the needs and current challenges of this Armenian organ for the prevention of torture and ill-treatment At the conclusion of the visit the head of the delegation stated The SPT held working meetings with State authorities civil society and particularly the Armenian NPM and joined the latter in its visits to several places of detention The SPT recognizes the steps Armenia has made regarding the prevention of torture and will advise on measures necessary to further this task In the adoption of these the SPT remains available to provide the Republic of Armenia and its National Preventive Mechanism all relevant support and advice The Subcommittee will submit separate confidential reports to the Government of the Republic of Armenia and to the Armenian NPM containing its observations and recommendations arising from the visit The SPT delegation to the Republic of Armenia consisted of the following members Ms Mari AMOS (head of the delegation) Mr Miguel SARRE IGUIacuteNIZ and Mr Viacutector MADRIGAL-BORLOZ The delegation was supported by the UN Resident Coordinator and Representative of UNDPrsquo For more information on the mandate of Subcommittee please visit httpwww2ohchrorgenglishbodiescatopcatindexhtm
212 Recent OPCAT events
Norway ratified the OPCAT on 27 June 2013
213 Forthcoming OPCAT events
SPT visit to Peru to be conducted on 10-20 September 2013 SPT 21st session will be held on 11-15 November 2013
214 SPT Call for information on reprisals
The United Nations Subcommittee on Prevention of Torture (SPT) is developing a policy on reprisals The term ldquoreprisalsrdquo is understood to mean those acts or omissions by an authority or
7
official of a State Party visited whereby the aforementioned authority or official carries out permits or tolerates ldquoany sanction against any person or organization for having communicated to the Subcommittee on Prevention or to its delegates any information whether true or false and no such person or organization shall be otherwise prejudiced in any wayrdquo (Article 15 of the Optional Protocol to the Convention against Torture- OPCAT) The SPT is therefore calling for written contributions to assist its reflections on reprisals Submissions should be provided within 2 months ie by 30 August 2013 at the following e-mail address opcatohchrorg
22 UN Committee against Torture (CAT)
221 Recent events
2211 CAT Committee 50th Session
The CAT Committee held the 50th session from 6 May to 31 May 2013 and adopts Concluding Observations on Reports of Bolivia Estonia Guatemala Japan Kenya Mauritania the Netherlands and the United Kingdom lsquoThe Committee against Torture today concluded its fiftieth session after adopting its concluding observations and recommendations on the reports on the implementation of the provisions of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment in Bolivia Estonia Guatemala Japan Kenya Mauritania the Netherlands and the United Kingdom The Committeersquos concluding observations and recommendations on the country reports will be available on the website of the Office of the High Commissioner for Human Rights this afternoon In its concluding meeting the Committee also adopted on its annual report to the United Nations General Assembly orally presented by Nora Sveaass Committee Rapporteur and its programme of work for future sessions In addition to the consideration of country reports during this session the Committee marked its twenty-fifth anniversary by holding two panel discussions on 7 May focused on the identification of its main achievements and challenges and on the obligations of States parties with regards to redress for victims of torture in light of the Committeersquos General Comment 3 on Article 14 of the Convention against Torture The Committee also met with the Subcommittee on the Prevention of Torture to discuss areas of collaboration between the two bodies and its President Malcolm Evans presented the Subcommitteersquos annual report The Committee also held a meeting with States parties to exchange views on the activities of the Committee and developments in its methods of work In a meeting with non-governmental organizations the Committee discussed ways to enhance cooperation in the implementation of the Convention In closed meetings the Committee also considered information appearing to contain well-founded indications that torture was systematically practised in some States parties and met separately with the delegation of Romania to discuss a delay in the entry into force of the Optional Protocol to the Convention and the establishment of its national preventive mechanism The next session of the Committee against Torture will be held from 28 October to 22 November 2013 during which it will review the reports of Andorra Belgium Burkina Faso Kyrgyzstan Latvia Mozambique Poland Portugal and Uzbekistanrsquo The programme and reports are available at httptbinternetohchrorg_layoutsTreatyBodyExternalSessionDetails1aspxSessionID=790ampLang=en
222 Recent CAT Committee examination of country reports
2221 Estonia
lsquoThe Committee against Torture today concluded its consideration of the fifth periodic report of Estonia on how it implements the provisions of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Introducing the report Margus Sarapuu Secretary-General of the Ministry of Justice of Estonia said that the 2011 amendments to the Criminal Procedure Code expedited judicial proceedings while the
8
Guidelines for the Development of Criminal Policy until 2018 adopted by Parliament provided for expedited pre-trial procedures in criminal matters regarding minors Further amendments of the Code of Misdemeanour Procedure would be implemented in order to increase its expedition and efficiency lessen bureaucracy and enhance the fundamental rights of persons The revision of the Penal Code was currently being undertaken and a section on domestic violence was added in the draft Trafficking in human beings had been criminalized in April 2012 and its definition was fully aligned to the United Nations Palermo Protocol Committee Experts commended Estonia for the measures it had taken to reduce the length of criminal proceedings and address prison overcrowding domestic violence and trafficking in persons They inquired about the amendment of the Penal Code and the progress in aligning the definition of torture with the Convention against Torture the ratification of the Optional Protocol and establishment of the national preventive mechanism and about the investigation of past crimes of torture and ill treatment and holding perpetrators accountable Other issues included detainee complaints received by the Chancellor of Justice and how those and complaints about poor conditions in punishment cells in prisons and in the immigrants expulsion centres were addressed treatment of asylum seekers penalties meted out to those convicted of human trafficking and help provided to their victims Responding to the questions and comments raised by the Committee members yesterday 22 May and today the delegation said that the ongoing revision of the Penal Code would bring the definition of torture in line with article 1 of the Convention against Torture this draft law together with the revised Code of Misdemeanour Procedures aimed at making the procedure more clear and the new Child Protection Act criminalizing all forms of corporal punishment against children would be presented to Parliament by the end of the year Screening procedures for asylum applicants were conducted under the international protection procedure regulated by the Act on Granting International Protection to Aliens the requirements for the determination of refugee status set in the legislation met those of the 1951 Convention relating to the Status of Refugees and the Dublin regulations Estonia still did not have an accredited national human rights institution but those functions were performed by the Chancellor of Justice The delegation of Estonia consisted of representatives from the Ministry of Justice Ministry of the Interior and the Permanent Mission of Estonia to the United Nations Office at Geneva The next public meeting of the Committee will be at 10 am on Friday 31 May when it will adopt its concluding observations and recommendations on the country reports considered during the session and then conclude the sessionrsquo The fifth periodic report of Estonia can be read via the following link httpwww2ohchrorgenglishbodiescatdocsCATCEST5_epdf For more information please see httpwwwohchrorgenNewsEventsPagesDisplayNewsaspxNewsID=13349ampLangID=E
2222 Japan
lsquoThe Committee against Torture today concluded its consideration of the second periodic report of Japan on how it implements the provisions of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Introducing the report Hideaki Ueda Ambassador in charge of Human Rights and Humanitarian Affairs at the Ministry of Foreign Affairs of Japan said that Japan had taken steps and measures to ensure appropriate interrogation and examination procedures both by prosecutors and police officers In 2009 it established an expert committee to ensure transparency of the treatment and improve management at immigration detention facilities Japan became a State party to the Rome Statute in 2007 which was a clear demonstration of its resolve to end impunity for the perpetrators of the most serious crimes of concern to the international community including torture In December 2009 the Action Plan to Combat Trafficking in Persons had been adopted which promoted coordinated measures of prevention elimination and protection by relevant ministries and agencies Committee Experts were concerned about the terminology in the Japanese legislation regarding torture and wondered whether it covered the whole range of acts of torture and cruel inhuman or degrading treatment or punishment Experts noted that Japan had increased the capacity of prisons and wished to hear more about steps to address overcrowding and living conditions in places of
9
detention particularly in womenrsquos prisons Inmates on death row spent a long time waiting for the execution which would then often be carried out without much prior warning Committee Experts also spoke about solitary confinement in prisons spousal violence and violence against women incidence of trafficking in human beings and data on investigations and prosecutions the complaints system for women victims of violence and steps to deal with impunity for crimes committed during World War II prosecute those responsible and provide compensation to victims Responding to questions and comments raised by the Committee members yesterday 21 May and today the delegation said that there was an absolute constitutional prohibition of infliction of torture and cruel punishment by public officials and confessions extracted under compulsion torture or a prolonged period of detention were not admissible in courts In April 2008 the Public Prosecutionrsquos office had announced a policy to ensure appropriate interrogation including the right of a suspect to a counsel all those who could not afford one and were charged with serious crimes were provided with a counsel paid for by the State The notification of the execution of capital punishment was done shortly before the execution itself to avoid inflicting mental pain and families were informed immediately upon the execution The number of detainees in prisons was on the decline which contributed to reducing overcrowding and Japan would continue to undertake measures to further reduce it and improve living conditions in prison facilitiesrsquo The second periodic report of Japan can be read via the following link httpwww2ohchrorgenglishbodiescatdocsCATCJPN2_enpdf
23 UN Special Rapporteur against torture
lsquoThe United Nations Special Rapporteur against torture and other cruel inhuman and degrading treatment or punishment Juan E Meacutendez has recently published his latest thematic report on the revision of the Standard Minimum Rules for the Treatment of Prisoners (SMRs) The report will be presented during the 68th session of the United Nations General Assembly on 22 October 2013 and represents a significant contribution to the ongoing review process of the SMRs coordinated by the UN Office of Drug Control and Crime Prevention (UNODC) with the active participation of many States and civil society organizations For the preparation of the report the Special Rapporteur held an expert meeting in Oxford UK on 10 July 2013 on ldquothe review of the UN Standard Minimum Rules for the Treatment of Prisonersrdquo co-organized by the OHCHR the American University Washington College of Lawrsquos Center for Human Rights and Humanitarian Lawrsquos Anti-Torture Initiative and the Institute of Human Rights for Future Generations University of Oxford The review process is intended to reflect critical developments in international human rights law since the 1957 adoption of the SMRs and to enhance the ability of the SMRs to serve as a useful tool for States and civil society to protect and uphold the rights of persons deprived of their liberty In contributing to this process the report reflects on several areas targeted for reviews and analyzes their interplay with the international prohibition of torture and ill-treatment through the identification of the procedural standards and safeguards that States are obliged to implement to all situations of deprivation of liberty In this sense the report highlights the importance of including an explicit condemnation of torture and ill-treatment in accordance with Art 4 of the Convention against Torture and of considering the principle of humane treatment and respect for inherent dignity as the starting point for any consideration regarding policy making related to persons deprived of liberty In this regard the report sets specific standards regarding pre-trial detention access to counsel and appropriate medical assistance the limits on the use of solitary confinement and the safeguards States must implement during disciplinary procedures and punishments In particular the report highlights the importance of establishing independent complaint and oversight mechanisms such as National Preventive Mechanisms in accordance with the Optional Protocol to the Convention against Torture as a necessary tool to combat and prevent impunityrsquo
24 UN Jurisprudence
Latest Jurisprudence of UN Treaty Bodies is now available The cases law adopted at the last session of the HRC CERD CEDAW and CRPD are available on-line in the six UN official languages In order to ease access to the jurisprudence on individual cases additional information is now available such as the articles invoked the subject matter the procedural issues and the outcome bull Latest jurisprudence adopted by the treaty bodies
10
Human Rights Committee httpwww2ohchrorgenglishbodieshrcHRCommitteeCaseLawhtm Committee on the Elimination of Racial Discrimination httpwww2ohchrorgenglishbodiescerdjurisprudencehtm Committee on the Elimination of Discrimination against Women httpwww2ohchrorgenglishlawjurisprudencehtm Committee on the Rights of Persons with Disabilities httpwwwohchrorgENHRBodiesCRPDPagesJurisprudenceaspx Committee against Torture (soon in the new format) httpwww2ohchrorgenglishbodiescatjurisprudencehtm
3 Council of Europe
31 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
lsquoCouncil of Europe anti-torture Committee publishes report on Latvia Strasbourg 27082013 ndash The CPT has published today the report on its visit to Latvia carried out in September 2011 The report has been made public at the request of the Latvian authorities together with their responses In the course of the 2011 visit the CPTrsquos delegation received a number of allegations from detained persons of physical ill-treatment by the police (consisting mainly of punches kicks and inappropriate use of truncheons) at the time of apprehension and during questioning Some of these allegations were corroborated by the delegationrsquos own medical observations and other medical evidence The CPT concludes in the report that persons in police custody continue to face a certain degree of risk of being subjected to ill-treatment and calls on the Latvian authorities to exercise constant vigilance in this area As regards conditions of detention in police establishments the Committee emphasises that the conditions in some of the detention facilities visited were so poor that they could be considered as amounting to inhuman and degrading treatment In their response the Latvian authorities refer to training and education programmes offered to police officers on various subjects including the prohibition of torture and inhuman or degrading treatment interrogation techniques and the use of physical force special means and weapons Information is also provided on measures taken to improve material conditions in several police detention facilities As regards the situation in prisons the vast majority of prisoners interviewed made no allegations of physical ill-treatment by staff nevertheless some allegations were received in particular at Jelgava Prison It transpired that inter-prisoner violence was a problem in all the establishments visited in the Committeersquos view certain factors contributed to this phenomenon including large-capacity accommodation units cramped conditions in multi-occupancy cells (and consequential stress among prisoners) limited possibilities for most prisoners to occupy themselves and insufficient staffing levels As for the provision of health care to prisoners a number of major shortcomings (eg insufficient health-care staff severe shortage of medication problematic access to specialist care etc) were observed with many inmates being denied effective health care Particular attention is paid in the report to the situation of life-sentenced prisoners The CPT commends the steps taken by the Latvian authorities to improve material conditions of detention for this category of inmates and to develop a regime of activities for life-sentenced prisoners on the medium and high regime levels However the regime applied to life-sentenced prisoners on the low regime level (about 65 percent of all such prisoners) remains very impoverished the vast majority of them being confined to their cells for up to 23 hours per day Further the Committee stresses once again that it can see no justification for the systematic handcuffing of almost all life-sentenced prisoners whenever they were escorted inside the prison it calls upon the Latvian authorities to carry out a proper individual risk assessment in respect of these prisoners with a view to adjusting the security measures applied to them accordingly In their response the Latvian authorities provide information on the measures they have taken or intend to take in order to address the recommendations made by the CPT on the issues described above The report also examines the treatment and living conditions of patients at a psychiatric clinic and of residents at a social care home as well as the legal safeguards in the context of admission procedures The CPTrsquos visit report and the responses of the Latvian authorities are available on the Committees website wwwcptcoeint
11
Council of Europe anti-torture Committee publishes the Dutch Governments response to the report on the 2011 visit Strasbourg - 21082013 - The CPT has published today the response of the Dutch Government to the report on the CPTs most recent visit to the Netherlands in October 2011 The response has already been made public by the Dutch authorities The CPTs report on the 2011 visit to the Netherlands was published in August 2012 The response is available on the Committeersquos website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Georgia Strasbourg 31072013 ndash The CPT has published today the report on its November 2012 ad hoc visit to Georgia together with the Georgian authoritiesrsquo response High-level talks held during the CPTrsquos visit mainly focused on the effectiveness of criminal investigations launched following the publication on 18 September 2012 of video material containing scenes of apparent serious ill-treatment of prisoners by staff in certain penitentiary establishments The legislative administrative and other steps being taken (and planned) by the Georgian authorities in respect of the countryrsquos prison system were also discussed In its report the CPT welcomes the wide-scale prison amnesty while stressing that the problems of prison overcrowding and prison population inflation cannot be addressed in a comprehensive and lasting way through the use of such exceptional measures a strategy for the sustainable reduction of the prison population should include a variety of steps to ensure that imprisonment really is the measure of last resort The CPT has also made several recommendations concerning the two prisons visited by the delegation (in Gldani and Kutaisi) and on other issues related with the prison system especially the prison health-care services In their response the Georgian authorities provide information on the progress and outcome of the above-mentioned criminal investigations as well as on measures being taken to reform the Georgian prison system Those measures include steps to further reduce the prison population renovate existing prisons and build new establishments develop the programmes of activities for both sentenced and remand prisoners and improve prison staff training The response also contains information on the Strategy and Action Plan for Prison Health-care Reform for the period 2013 ndash 2014 The CPTrsquos report and the response have been published at the request of the Georgian authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee visits the Russian Federation Strasbourg 23072013 ndash A delegation of the CPT carried out an ad hoc visit to the Russian Federation from 9 to 19 July 2013 The main objective of the visit was to review the implementation of recommendations made after previous visits regarding the treatment of persons deprived of their liberty by law enforcement agencies For this purpose the delegation interviewed numerous detained persons who had recently been or were still in the custody of the police or other law enforcement agencies it also examined relevant documentation including investigation files concerning complaints about ill-treatment by staff of those agencies In the course of the visit the delegation held consultations with Alexandr GOROVOY First Deputy Minister of Internal Affairs and Maxim TRAVNIKOV Deputy Minister of Justice as well as with other senior officials of the above-mentioned Ministries at both the federal and regional level Meetings were also held with senior officials of the Federal Service for the Execution of Punishments (FSIN) and the Federal Drug Control Service (FSKN) Further in Moscow and in most of the regions visited the delegation met senior officials of the Investigative Committee of the Russian Federation The delegation visited the following places of deprivation of liberty Police establishments Republic of Bashkortostan - Temporary Detention Centre (IVS) of the City Internal Affairs Department Ufa - IVS at the Police Division No 5 Ufa - Police Divisions Nos 1 4 6 and 7 Ufa - Blagoveshchensk District Internal Affairs Department Novosibirsk Region - IVS of the City Internal Affairs Department Novosibirsk - Police Divisions Nos 2 4 and 7 Novosibirsk Omsk Region - IVS of the City Internal Affairs Department Omsk - Police Divisions Nos 2 and 9 Omsk - Division of the Ministry of Internal Affairs for Omsk City District - Special Reception Centre for Persons under Administrative Arrest Omsk
12
Sverdlovsk Region - IVS of the City Internal Affairs Department Yekaterinburg - Police Divisions Nos 1 4 5 14 and 15 Yekaterinburg Federal Drug Control Service establishments - FSKN Directorate for Omsk Region Omsk - FSKN Directorate for Sverdlovsk Region Yekaterinburg The delegation also carried out interviews of newly-arrived remand prisoners in the following establishments under the Ministry of Justicersquos Federal Service for the Execution of Punishments - Pre-trial establishment (SIZO) No 1 Novosibirsk - SIZO No 1 Omsk
- SIZO No 1 Ufa SIZO No 1 Yekaterinburg Council of Europe anti-torture Committee publishes report on Slovenia Strasbourg 19072013 - The CPT has published today the report on its JanuaryFebruary 2012 visit to Slovenia The report has been made public at the request of the Slovenian authorities together with their response In the course of the visit the Committeersquos delegation examined the treatment and conditions of detention of persons held in police facilities prisons and psychiatric establishments The CPT received only a few isolated allegations of police ill-treatment they concerned excessive use of force in the context of apprehension and threats of physical ill-treatment during police questioning The material conditions of detention in police facilities were on the whole satisfactory As regards the prison system the CPT acknowledges the efforts made by the Slovenian authorities to increase the capacity of the prison estate however overcrowding continued to be a problem in some prisons In other aspects the material conditions of detention were generally adequate The Committee gained a particularly positive impression of the two newly-opened blocks at Dob Prison Particular attention is paid in the report to the regime of activities provided to inmates In this respect the Committee expresses concern about the situation of remand prisoners at Celje and Ljubljana Prisons as well as of prisoners held under the reinforced security regime at Celje and Dob Prisons The majority of these inmates spent most of the day locked-up in their cells with little to occupy themselves In their response the Slovenian authorities assure the Committee that efforts will be made to improve the existing arrangements By way of example in the second half of 2012 the regime for remand prisoners at Ljubljana Prison was relaxed so that now the inmates concerned may spend four hours a day on weekdays out of their cells With respect to psychiatry the CPT welcomes the adoption in July 2008 of the new Mental Health Act which inter alia reinforces the legal protection of patients in psychiatricsocial care institutions At Maribor Psychiatric Department the overwhelming majority of patients interviewed by the CPTrsquos delegation indicated that hospital staff had a caring attitude towards them However the delegation received a few allegations of physical ill-treatment of patients by nursing staff shortly after having been fixated to a bed The CPT also expresses misgivings about the fact that mechanical restraint was not always applied as a measure of last resort and that patients were on occasion subjected to fixation for prolonged periods In their response the Slovenian authorities state that a clear message has been delivered to nursing staff that no ill-treatment whatsoever of patients will be tolerated and that special training is being provided in handling aggressive andor agitated patients The CPTs report and the Slovenian authoritiesrsquo response are available on the Committees website httpwwwcptcoeint Forced return flights from the UK the European anti-torture committee publishes its first report Strasbourg 18072013 - The CPT publishes today its first report on an operation of deportation of foreign nationals by air The monitoring took place in the context of an ad hoc visit to the United Kingdom from 22 to 24 October 2012 and involved the presence of a CPT delegation on a charter flight between London and Colombo (Sri Lanka) In its report the CPT concludes that ldquoeach stage of the preparation of the removal process was carefully planned and organised staff were well briefed and every effort was made for the removal to be carried out in a humane wayrdquo However the CPT makes several recommendations and comments concerning both the preparation and execution phases of such operations The main issues raised concern the use of restraint by escort staff the presence of a medical doctor (instead of a paramedic or a nurse) on
13
board removal charter flights and the need for a ldquofit to fly certificaterdquo for persons to be deported In particular the CPT recommends that efforts be made for the revised training package for overseas escorts to be accredited and implemented at the earliest opportunity In their response the UK authorities indicate that an Independent Advisory Panel on Non-Compliance Management has been recruited to assess the quality and safety of the recently revised training package developed by the National Offender Management Service As regards the presence of a medical doctor on board the authorities indicate that ldquowhere indicated by risk assessment and where appropriate a doctor will be providedrdquo On the subject of the delivery of a ldquofit to fly certificaterdquo the authorities indicate that they do not consider it necessary ldquoto positively assert in all cases that a person is fit to fly based on the reasonable assumption that this will be the case in the vast majority of instancesrdquo Other important recommendations related to the presence of interpreters throughout the whole removal process (including on board the aircraft) as well as the provision of psychological support and counselling to better prepare the persons to be deported for their removal Recommendations are also made concerning the recruitment procedure of escort staff (which should include some form of psychological assessment) as well as the measures to be taken to avoid professional exhaustion syndrome and the risks related to routine and to ensure that escort staff maintain a certain emotional distance from the operational activities in which they are involved The CPT regrets that the Sri Lankan authorities did not allow its delegation to observe the hand-over of the returned detainees to local immigration staff The Committee invites the UK authorities to expressly address the issue of the role of monitoring bodies in readmission
agreements
The CPTs visit report and the response of the United Kingdom authorities are available on the Committees website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Malta Strasbourg 04072013 ndash The CPT has published today the report on its September 2011 visit to Malta together with the Maltese authoritiesrsquo response The visit mainly focused on Corradino Correctional Facility the only prison in Malta In certain parts of the prison material conditions of detention had significantly improved since the CPTrsquos previous visit in 2008 However major shortcomings were found once again in several other areas of the establishment (in particular as regards the state of repair of cells and access to natural light) The situation was further exacerbated by the prevailing overcrowding and the lack of organised activities for many prisoners The CPT has recommended in particular that a comprehensive plan to renovate the entire prison be drawn up as soon as possible The CPT also carried out follow-up visits to Lyster and Safi Barracks the only two detention centres for foreigners which were operational at the time of the visit In its report the Committee expresses concern about the frequency and seriousness of allegations received from foreign nationals about the force used by soldiers and police officers in the context of disturbances which had occurred in August 2011 at the Safi Detention Centre it has recommended that a comprehensive inquiry by an independent body be carried out into this matter At the Lyster Detention Centre the CPT observed improvements both in terms of material conditions and activities provided to foreign nationals However the conditions under which foreign nationals were being held in the two Warehouses at Safi Barracks remained very poor Further in both detention centres the health-care services were clearly insufficient Following a brief visit to Mount Carmel Psychiatric Hospital the CPT has expressed serious misgivings about the manner in which agitated or suicidal patients had on occasion been managed It has also made a number of specific recommendations to improve living conditions in the Forensic Ward and the Ward for Irregular Migrants In their response the Maltese authorities provide information on the action taken to address the recommendations made by the Committee on the issues described above
The CPTrsquos report and the response have been published at the request of the Maltese authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee publishes the Danish Governments response to the report on the visit to Greenland (September 2012) Strasbourg 03072013 - The CPT has published today the response of the Danish Government to the report on the Committeersquos ad hoc visit to Greenland in September 2012 The response has been made public at the request of the Danish authorities In its response the Danish Government provides information on the measures taken in the light of the recommendations made by the CPTrsquo
14
The CPTrsquos report on its visit to Greenland was made public in January 2013 The response is available on the Committees website wwwcptcoeint
32 Council of Europe Commissioner on Human Rights
lsquoTurkey police violence must not go unpunished Strasbourg 872013 - ldquoAll instances of excessive use of force by the police must be fully investigated and adequately punishedrdquo said Nils Muižnieks the Council of Europe Commissioner for Human Rights at the end of a five day visit to Istanbul and Ankara during which he discussed the Gezi Park events and other human rights issues The Commissioner recalled that according to the case-law of the European Court of Human Rights the failure to effectively investigate the misconduct of security forces was a human rights violation in itself and that Turkey had been condemned on numerous occasions by the Court precisely for this reason The Commissioner had received serious allegations of human rights violations committed by law enforcement forces against demonstrators backed up by witness accounts photos videos forensic evidence as well as the number of deaths and injuries over the course of the events Most of these reports concerned excessive and improper use of tear gas and ill-treatment by police at the time of apprehension On the other hand members of the government and security forces considered that the use of force had been proportionate in view of the actions of marginal groups hijacking the demonstrations except for isolated incidents which are under investigation [hellip] The Commissioner also noted that members of certain professional groups such as doctors lawyers academics teachers media professionals expressed fear of intimidation as well as of administrative and judicial measures against them as a result of their non-violent actions during the protests The Commissioner urged the Turkish authorities to allay these fears as a matter of urgency and to ensure that any perception of reprisals is averted The Commissioner also stated that there were certain shortcomings both in the Turkish legislation concerning the right to assembly and the role of law enforcement and its application by the competent authorities ldquoThe legislation and practice puts too much emphasis on the lawfulness of demonstrations as opposed to their peacefulness contrary to the European Convention on Human Rightsrdquo stated the Commissioner adding that the overwhelming majority of demonstrators in the Gezi Park events given the total participation of 25 million had thankfully been peaceful [hellip] The Commissioner also referred to his meetings with the newly established Ombudsman Office and the Turkish Human Rights Institution stating that the latest events provided a unique opportunity for these institutions to establish their credibility in the eyes of the Turkish public He stressed that citizens with grievances should also use the Ombudsman Office for redress including for actions of the security forces during demonstrationsrsquo The Commissionerrsquos report on his visit is forthcoming Press contact in the Commissionerrsquos Office Stefano Montanari stefanomontanaricoeint
33 Summaries of selected Article 3 cases before the European Court of Human Rights June and July 2013
AGAM DNM MKH MYH AND OTHERS NANS NMB NMY AND OTHERS SA V SWEDEN (NOS 7168010 2837911 7241310 5085910 6841110 6833510 7268610 6652310)
httphudocechrcoeintsitesengPagessearchaspxfulltext[AGAMDNMMKHMYH20AND20OTHERS]documentcollectionid2[GRANDCHAMBERCHAMBER]itemid[001-121571] 27 June 2013 ndash No violation of Article 2 and or Article 3 ndash No evidence to confirm that the
applicants would be exposed to a real risk of inhuman or degrading treatment or of becoming victims of honour-related crimes in the event of extradition in southern of central Iraq (for the applicants in the cases DNM and SA) or in Kurdistan (for the applicants in the other six cases)
15
All eight cases concerned the deportation of failed asylum-seekers originally from Baghdad Mosul and Kirkuk to Iraq The applicants in the cases DNM and SA alleged that if they were to be removed to Iraq they would be at risk of becoming victims of honour-related crimes due to their relations with women whom were disproved by their families while the other six applicants alleged that they would be at risk of persecution if deported to Iraq due to being Christian a religious minority in the country The Court noted that each of the applicantsrsquo claims had been examined and rejected by the Migration Board and the Migration Court particularly because the incidents of which the applicants were victim were mostly related to general security in Iraq at the time and that the applicants were not in need of asylum in Sweden since a number of years had since passed and the level of violence had thus declined The Court took into consideration the current national and international reports available and the gradual improvement that had been made Despite the applicantsrsquo personal circumstances (cases DNM and SA) and that their belonging to a vulnerable minority (the other six cases) would risk their lives and or facilitate inhuman or degrading treatment if removed the Court held that all ten applicants could relocate to other regions in Iraq such as Kurdistan in the north (concerning the six other cases) or to southern and central Iraq (cases DNM and SA) Therefore there would be no violation of Articles 2 and 3 of the Convention if the applicants were removed in southern or central Iraq or in Kurdistan
Horshill v Greece (application no7042711) httphudocechrcoeintsitesengPagessearchaspxfulltext[Horshill]languageisocode[FRA]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122973]
Detention of an asylum seeker in Greek police stations found to be degrading treatment incompatible with Article 3 of the Convention
In the Chamber judgment in the case of Horshill v Greece (application no7042711) the European Court of Human Rights held unanimously that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights The case concerned the placement in detention of Ismail Alfateh Horshill and the conditions in which he was detained The applicant a foreign national who was due to be deported was held successively for fifteen days in two police stations after having applied for asylum Pursuant to a decree transposing a directive from the Council of the European Union into national law Ismail Alfateh Horshill who had no travel documents was placed in detention by the Greek authorities Noting that the applicant had been released from detention after a short period of two weeks the Court considered that his detention had not been arbitrary and that it could not be concluded that it had not been ldquolawfulrdquo within the meaning of Article 5 sect 1 (f) of the Convention
Vinter and Others v United Kingdom - 6606909 13010 and 389610 Judgment 972013 [Grand Chamber]
httphudocechrcoeintsitesengPagessearchaspxfulltext[vinter]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122664] Article 3 The Grand Chamber agreed with and endorsed the Chamberrsquos finding that a grossly disproportionate sentence would violate Article 3 of the Convention although that test would be met only on rare and unique occasions In the instant case the applicants had not sought to argue that their whole life orders were grossly disproportionate instead they submitted that the absence of an in-built procedural requirement for a review constituted ill-treatment not only as the Chamber had found when there ceased to be legitimate penological grounds to justify continued detention but from the moment the order was made The Court reiterated that Contracting States must be allowed a margin of appreciation in deciding on the appropriate length of prison sentences for particular crimes and must remain free to impose life sentences on adult offenders for especially serious crimes However the imposition of an irreducible life sentence on an adult could raise an issue under Article 3 In determining whether a life sentence in a given case could be regarded as irreducible the Court would seek to ascertain whether the prisoner could be said to have any prospect of release Where national law afforded the possibility of review of a life sentence with a view to its
16
commutation remission termination or the conditional release of the prisoner that would be sufficient to satisfy Article 3 There were a number of reasons why for a life sentence to remain compatible with Article 3 there had to be both a prospect of release and a possibility of review Firstly it was axiomatic that a prisoner could not be detained unless there were legitimate penological grounds for that detention The balance between the justifications for detention was not necessarily static and could shift in the course of the sentence It was only by carrying out a review at an appropriate point in the sentence that these factors or shifts could be properly evaluated Secondly incarceration without any prospect of release or review carried the risk that the prisoner would never be able to atone for his offence whatever he did in prison and however exceptional his progress towards rehabilitation Thirdly it would be incompatible with human dignity for the State forcefully to deprive a person of his freedom without at least providing him with the chance to someday regain that freedom Moreover there was now clear support in European and international law for the principle that all prisoners including those serving life sentences should be offered the possibility of rehabilitation and the prospect of release if rehabilitation was achieved Accordingly Article 3 had to be interpreted as requiring reducibility of life sentences in the sense of a review allowing the domestic authorities to consider whether any changes in the life prisoner are so significant and such progress towards rehabilitation has been made in the course of the sentence as to mean that continued detention can no longer be justified on legitimate penological grounds While it was not the Courtrsquos task to prescribe the form (executive or judicial) which that review should take or to determine when it should take place the comparative and international law materials before it showed clear support for the institution of a dedicated mechanism guaranteeing a review no later than twenty-five years after the imposition of a life sentence with further periodic reviews thereafter A whole life sentence would not measure up to the standards of Article 3 where the domestic law did not provide for the possibility of such a review Lastly although the requisite review was a prospective event necessarily subsequent to the passing of the sentence a whole life prisoner should not be obliged to wait and serve an indeterminate number of years of his sentence before he could raise the complaint that the legal conditions attaching to his sentence failed to comply with the requirements of Article 3 Whole life prisoners were entitled to know at the outset of their sentence what they must do to be considered for release and under what conditions including when a review of their sentence will take place or may be sought Consequently where domestic law did not provide any mechanism or possibility for review of a whole life sentence the incompatibility with Article 3 on this ground already arose when the whole life sentence was imposed and not at a later stage of incarceration The Government had argued before the Court that the aim of the 2003 Act was to remove the executive from the decision-making process concerning life sentences and this was the reason for abolishing the 25-year review by the Home Secretary which had existed beforehand However the Court considered that it would have been more consistent with the legislative aim to provide that the 25-year review would be conducted within a judicial frame- work rather than completely eliminated The Court also found that the current law concerning the prospect of release of life prisoners in England and Wales was unclear Although section 30 of the 1997 Act gave the Justice Secretary the power to release any prisoner including one serving a whole life order the relevant Prison Service Order provided that release would only be ordered if a prisoner was terminally ill or physically incapacitated These were highly restrictive conditions and in the Courtrsquos view compassionate release of this kind would not be what was meant by a ldquoprospect of releaserdquo in Kafkaris In light therefore of this contrast between the broad wording of section 30 and the exhaustive conditions announced in the Prison Service Order as well as the absence of any dedicated review mechanism for whole life orders the Court was not persuaded that at the present time the applicantsrsquo life sentences could be regarded as reducible for the purposes of Article 3 The requirements of that provision had not therefore been met in relation to any of the three applicants The Court emphasised however that the finding of a violation in the applicantsrsquo cases should not be understood as giving them any prospect of imminent release Whether or not they should be released would depend for example on whether there were still legitimate penological grounds for their continued detention and whether they should continue to be detained on grounds of dangerous- ness These questions were not in issue in this case and were not the subject of argument before the Court Conclusion violation (sixteen votes to one) Article 41 Finding of a violation constituted sufficient just satisfaction for any non-pecuniary damage sustained by the first applicant No claim made by the other applicants
17
4 European Union and associated bodies
41 European Union Agency for Fundamental Rights (FRA)
June 2013 the European Court of Human Rights (ECtHR) and the European Union Agency for Fundamental Rights (FRA) published a joint Handbook on European law relating to asylum borders and immigration on 11 June lsquoIt examines the relevant law in the field of asylum borders and immigration stemming from both European systems the European Union and the Council of Europe It provides an accessible guide to the various European standards relevant to asylum borders and immigration The handbook is the second joint publication of this kind following a first handbook on non-discrimination issued in 2011 It is based on the case law of the European Court of Human Rights and the European Court of Justice as well as on the relevant EU regulations and directives It is also a first point of reference on the European Social Charter (ESC) and other instruments of the Council of Europe It is designed to assist legal practitioners at national and European level including lawyers judges prosecutors border guards immigration officials and others working with national authorities as well as non-governmental organisations and other bodies that may be confronted with legal questions in any of the areas the handbook sets out to coverrsquo The handbook is available at httpfraeuropaeusitesdefaultfileshandbook-law-asylum-migration-borders_enpdf
5 News from NGOs amp general updates
51 The Association for the Prevention of Torture Geneva (APT)
lsquoRights within the EU What role for European Institutions Monday September 16 2013 ldquoThe Treaties of the European Union state that the EU is founded on the value of respect for human rightsrdquo However much remains to be done for EU institutions to properly address gross human rights violations within the EU particularly the Council of the European Union This is the message that members of the Human Rights and Democracy Network which the APT is part of have sent to the representatives of all key EU institutions The letter singles out the EU Council Working Party on Fundamental Rights and Free Movement of Persons (FREMP) which has ldquobeen largely confined to negotiating the EU accession to the European Convention on Human Rightsrdquo rather than seeking to address serious human rights abuses within the European Union The letter concludes with a set of practical and constructive recommendations to the main EU institutions including the Council Commission Parliament and the Fundamental Rights Agency including strengthening the mandate of the latter The APT supports these recommendations and calls on remaining EU states that have not yet done so to ratify the Optional Protocol to the UN Convention against Torture (OPCAT) Presently 7 members of the EU (Belgium Finland Greece Ireland Latvia Lithuania and Slovakia) are not party to this innovative treaty The APT also calls on EU states that have established or designated National Preventive Mechanisms under the OPCAT to provide them with the necessary independence and resources as well as engaging in a constructive dialogue with these institutions to meaningfully reduce the risk of abuse on persons deprived of their libertyrsquo See more at httpwwwaptchennews_on_preventionrights-within-the-eu-what-role-for-european-institutionsUjnGb-DZn4Y lsquoExcessive use of pre-trial detention in the EU Tuesday September 10 2013 The APT today co-signed a letter sent to European Commission Vice-President Viviane Reding urging the Commission to take steps aimed at reducing the excessive periods of time people spend in pre-trial detention and to increase the use of alternatives
18
Across the European Union both the use and material conditions of pre-trial detention vary considerably and can have a very detrimental impact on persons deprived of their liberty Among other issues the letter calls on the Commission to take concrete steps to establish minimum and enforceable EU standards on pre-trial detention The letter is co-signed by 22 NGOs and has been copied to various relevant European Commission actorsrsquo lsquoInstitutional culture in detention a framework for preventive monitoring This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts It is the second in a series of thematic papers on aspects of detention monitoring which have so far been under-researched and received little attention They are the result of a joint project between the APT and Penal Reform International (PRI) with financial assistance of the UK Government and the European Unionrsquo See further details at httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17 Read more on the APT website at httpwwwaptch
52 Penal Reform International (PRI)
- Institutional culture in detention a framework for preventive monitoring
This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other forms of ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts This resource from PRI and the Association for the Prevention of Torture (APT) is designed to - raise awareness among monitoring bodies of the role of culture in places of detention in the prevention of torture and ill-treatment - provide a framework for understanding culture in places of detention - outline some common cultural attitudes that can represent risk factors for torture and ill-treatment - provide some examples of processes and factors that contribute to positive culture change in places of detention httpwwwpenalreformorgresourceinstitutional-culture-detention-framework-preventive-monitoring-3
- PRI briefing on complaints mechanisms in its Justice for Children series
Part of PRIs series of Justice for Children Briefings this resource explains a childs right to complain about his or her care treatment and conditions while deprived of their liberty Upholding the right to complain is very important for giving a voice to children in detention and for ensuring that their other human rights are protected The briefing looks at the basis of this right in international and regional treaties and standards and challenges to children in fulfilling this right It identifies key elements for creating an effective complaints mechanism and provides recommendations to ensure children can achieve their right to make complaints httpwwwpenalreformorgresourcechildren-deprived-liberty-complaints
- The Guide on gender-sensitive monitoring
The Guide is now also available in Spanish
httpwwwpenalreformorgresourcewomen-detention-guide-gendersensitive-monitoring
19
6 Immigration detention and monitoring updates
61 Council of Europe Immigration Issues
611 Migration Co-ordination Division update on work in the field of asylum and immigration
Recent editions of the Migration Co-ordination Newsletter were published in July and August 2013 The Newsletter provides a glance at some of the relevant Council of Europe activities on migration asylum and integration It will be published monthly and sent electronically to interested parties As we all know migration constitutes an ever-growing concern within the field of human rights and different aspects of migration profoundly affect social well-being In the foreseeable future these issues will only grow in importance and relevance across Europe Here the Council of Europe has a lot to offer The Migration Co-ordination Division hopes that this newsletter can give readers an insight into some of the debates and migration related activities as they unfolded at the Council in the months of June July and August The Newsletters are available at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp You can subscribe to future newsletters by sending an email to migration-newslettercoeint and you can search the archives for previous newsletters at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp Ukraine Efforts to improve policies and practices of detention of foreigners Strasbourg 4 July 2013 The Ukrainian authorities are engaged in serious efforts to bring their national policy and practice with regard to the detention of migrants and asylum-seekers in line with the Council of Europe standards A recent legislative initiative to amend several legal acts governing the status and the judicial protection of foreigners and stateless persons (draft law No 2743) emphasises the commitment of the Ukrainian government to ensure a judicial review of decisions depriving foreigners of their right to liberty The Council of Europe Migration Co-ordinator Christos Giakoumopoulos said the amendments which are currently examined by the Ukrainian parliament (Verhovna Rada) are an important step in ensuring compliance with Council of Europe norms as they are clearly inspired by the recommendations of the Committee of Ministers of the Council of Europe Moreover he said these amendments constitute a positive development in the process of the implementation of several judgements of the European Court of Human Rights such as for example the Soldatenko v Ukraine group of cases and the case of Nowak v Ukraine in which Ukraine was found in breach of the European Convention of Human Rights on account of unlawful detentions and lack of judicial control
62 Council of Europe Parliamentary Assembly (PACE) Migration Committee
Assistance to Syrian refugees after Lebanon PACE rapporteur continues visit to Turkey lsquoStrasbourg 21082013 ndash Jean-Marie Bockel (France EPPCD) who is preparing a report for the Parliamentary Assembly of the Council of Europe (PACE) on international assistance for Syrian refugees in Jordan Turkey Lebanon and Iraq today begins a fact-finding visit to Turkey (21 to 22 August 2013) following on from a visit to Lebanon (19-20 August) In Hatay (21-22 August) Mr Bockel will meet the Governor of Hatay and Turkish government officials ndash including from the Disaster and Emergency Management Presidency in the Prime Ministersrsquo Office ndash as well as representatives of the Red Crescent in Turkey He will also visit a local centre where refugees are accommodated and will speak to local residents about the impact of the refugee influx on the local community In Lebanon Mr Bockel met Syrian refugees in Alaawi (South Lebanon) and Ketermaya (Mount Lebanon) and discussed their situation with representatives of the UN High Commissioner for
20
Refugees and other NGOs working in the field During these exchanges of view he drew the authoritiesrsquo attention in particular to the situation of women and children Mr Bockelrsquos report is a follow-up to a current affairs debate held by the Assembly on this topic in April 2013rsquo For more details see httpassemblycoeintASPNewsManagerEMB_NewsManagerViewaspID=8977ampL=2
7 NPM discussion topic No 1 ldquothe monitoring of sobering-up detentionrdquo
71 Introduction
The thematic section for this Newsletter is on the experiences of NPMs regarding sobering-up detention The Polish NPM is currently preparing a thematic report and a conference regarding sobering-up stations and is looking for comparative experiences of monitoring such places from other CoE region NPMs In Poland these are institutions where drunk individuals are detained until they get sober for no longer than 24 hours In these places there is a non-stop medical service given to those people Those individuals are escorted there by the police because of their behaviour in public or at home The Polish NPM questions to the European NPM Network are
- how in your countries is the problem of care given to drunk people is solved - Where are drunk individuals placed (detained) if they are stopped by the Police - Can they leave those places anytime or they have to stay there till they are sober - What kind of care is given to them
The overview of responses to these questions form the European NPM Network members is below
72 Overview of responses from the European NPMs
- Response from the NPM of Luxembourg lsquoIn Luxemburg we have a very similar law regarding public drunkenness Following article 28 of the modified law from June 29th 1989 people that in a state of drunkenness cause public disorder or are likely to be harmful for themselves or others can be arrested by the police without intervention of a judge or an attorney for no longer than 24 hours Once arrested this people benefit from the full range of rights guaranteed to any other arrested person for criminal reasons (right to immediate assistance of a lawyer or consular assistance for foreigners right to call a family member inventory of their belongings fresh water supply etchellip) As for any other detainee the privation of liberty can only take place after a medical visit that generally takes place at the police station The surgeon in charge has to establish a written document stating that the concerned person does not present any corporal AND mental diseases making detention inappropriate or potentially harmful During the detention time those persons are under close survey (continuously by video and physically every hour at least all those verifications have to be noted down in real time indicating the time of control and the name of the controlling officer in a registry that is accessible at any time to the NPM and to the Inspectorate general of the Police) The Luxemburgish NPM already conducted several visits to police stations especially during the weekend nights Generally there was no noticeable problem The average time of privation of liberty cannot exceed 24 hours practically the detention time is very rarely superior to 6 hours In general people picked up during the night are released in the early morning hours The maximum time encountered by the Luxemburgish NPM was 165 hours immediately followed by a detention time of 825 hours There is no continuous medical survey in Luxemburg in case of a medical urgency people are immediately transferred to the next hospital which practically never happened until today as people with severe intoxications are detected by the medical visit prior to detention and are immediately transferred to a hospital
21
People arrested in Luxemburg on the legal basis above cannot leave the police station by their own decision liberation is depending upon the decision of the commanding police officer of the concerned station We also have another legal basis article 37 of the modified Police-law from May 31st 1999 entitling the police to arrest under the same conditions and restrictions as above anybody who by his ldquofoolishrdquo (insenseacute en french) behavior in public is likely to be harmful for himself or for others even without consumption of alcohol or drug abusersquo
- Response from the NPM of Slovenia
lsquoIn Republic of Slovenia there are no lsquosobering-up stationsrsquo per se However the police may order and carry out detention of a person under the influence of alcohol in certain cases for example as defined in the Minor Offences Act according to which (also) police officers may order detention when the perpetrator is caught committing minor offence under the influence of alcohol or other psychoactive substances and there is danger that (s)he will continue to commit minor offences such detention (which is not the only possible one involving the police) takes place in detention rooms at police stations and can last until the perpetrator becomes sober or capable to control behavior - but no longer than 12 hours Regarding lsquocare given to drunk peoplersquo in police detention ndash first of all police officers are bound to make sure that detained person gets medical aid if needed (injuries signs of alcohol poisoninghellip) or if the person demands so - this can be provided by medical personnel coming to place of detention itself or by taking the person to proper institution Police officer carrying out the detention is actually bound to take care of safety in general of the detained person for the duration of detention at least regular physical supervision is necessary but most often technical (audio and video) is provided too Drinkable water must be provided at all times and generally also one cold meal If the person is brought in wearing wet or in any other way unsuitable clothing (given the season weather conditionshellip) police officer must provide the person with proper clothes or footwear for the duration of the detention Certain standards are prescribed for the detention rooms themselves also ndash in cases of detention of up to 12 hours the floor shall not be slippery air temperature shall not be under 18 degrees Celsius in any case the room shall be equipped with toilet facilities unbreakable wash-hand basin and fixed bed with impermeable inflammable and untearable pillow and two blankets All circumstances regarding the detention (condition of the person carried out physical supervisions provided clothing food etc) are to be also carefully documentedrsquo
- Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo
lsquoIn our Law of Police is regulated this question The police officer may detain a person under the influence of alcohol or other psychoactive substances under terms and conditions determined by special law and the detention can last up to 8 hours With this article is limited time of detention because for criminal acts detention in police station is maximum 24 hours ( 12 hours for juveniles) Person under the influence of alcohol has the same rights like other detainees We dont have special places for detention of intoxicated people and police use regular detention places in the police stations Pursuant to the Rulebook on the Manner of Performance of Police duties and the Standard Operating Procedures for Detention and Treatment of Detainees the head of shift (police officer for admission) is responsible for admission of persons giving advice on realization of hisher rights including continuous monitoring during the detention for the purpose of ensuring the detained personsrsquo safety in the police station So people who are detained in Police station have right for food and water right to an attorney and informing the family right to medical assistance The shift manager is obligated to assess the health status of detained persons upon admission and record the same in the detention report The shift manager records any visible injuries visible signs of illness influence of alcohol or psychotropic substances thereby assessing whether medical attention is required In case of serious injuries or if the detainee complains for pain or injuries the right to medical assistance is of priority and it is undertaken before any other activity For most of the police stations it was concluded that in cases when there is higher blood alcohol content among the detainees a doctor was not called by the shift manager and in that line the NPM gave a recommendation that a doctor should be called no matter whether the person asks for medical assistance This should be made in order to act in line with the temporary protection of the health of the person deprived of liberty
22
In our report for 2012 we have thematic part about People detained in police stations ndash alcohol abusers Here is our opinion The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed In four of the folders for detainees in PS ____ it was assessed that the people were drunk in the limits of 1 50 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officers Regarding your questions in my country we dont have special places for drunk people and they are placed in police station in period of 8 hours without possibility to leave before they sober up and permission by head of shift If they have visible injuries or ask for medical help its called doctor but we suggested hat the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of libertyrsquo
- Response from the NPM of Georgia
lsquoSince the Soviet period Georgia had no special institution for drunken individuals According to the Georgian legislation being under the influence of alcohol per se doesnrsquot constitute an infraction Although last year in one region Akhalkalaki the Georgian NPM revealed a vicious practice ndash drunken individuals were detained by the police and held in a police station without being registered in any special registry until next morning The fact has been mentioned in the Public Defenderrsquos Report for 2012 and the abolition of this kind of practice has been recommended to the Minister of Internal Affairs In general if a detained person has any kind of medical concern an officer in charge calls the emergency service the detainee could even be transferred to hospital for example in case of acute alcoholic intoxicationrsquo
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo
81 Introduction
The Luxembourg NPM contacted the European NPM Network regarding vulnerable groups in prison as it is about to prepare a mission on its national prisons specially focused on the respect of the rights and the treatment of particularly vulnerable categories of prisoners and wanted to draw upon other comparative NPM experiences The NPM was in particular focused on the following categories vulnerable groups middot lsquoPrisoners living in detention without interruption for more than 10 years middot Prisoners recently condemned to a sentence of 15 years minimum middot Prisoners recently condemned to a very short sentence (9 months maximum) middot Older prisoners minimum age of 55 years
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
6
2 United Nations
21 UN Sub-Commitee on Prevention of Torture (SPT) and OPCAT news
211 SPT visits
2111 SPT advisory visit to the NPM of Armenia
lsquoSPT delegation visits Republic of Armenia to strengthen the national capacity to prevent torture Yerevan 6 September 2013 ndash The United Nations Subcommittee on Prevention of Torture concluded today its first visit to the Republic of Armenia The purpose of the visit which took place from 3 to 6 September 2013 was to provide advice and technical assistance to the Armenian National Preventive Mechanism (NPM) The NPM is the mechanism for the prevention of torture in conformity with article 11 of the Optional Protocol to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment During its visit to Armenia the Subcommittee met with Government officials non-governmental organizations United Nations representatives as well as with the Armenian NPM The Subcommittee devoted most part of its visit to a capacity building exercise of the Armenian NPM through substantive meetings with the Torture and Violence Prevention Division of the Human Rights Defenders Office and the Torture Prevention Expert Council as well as a number of joint visits to places of deprivation of liberty UN experts had the opportunity to assess first-hand the needs and current challenges of this Armenian organ for the prevention of torture and ill-treatment At the conclusion of the visit the head of the delegation stated The SPT held working meetings with State authorities civil society and particularly the Armenian NPM and joined the latter in its visits to several places of detention The SPT recognizes the steps Armenia has made regarding the prevention of torture and will advise on measures necessary to further this task In the adoption of these the SPT remains available to provide the Republic of Armenia and its National Preventive Mechanism all relevant support and advice The Subcommittee will submit separate confidential reports to the Government of the Republic of Armenia and to the Armenian NPM containing its observations and recommendations arising from the visit The SPT delegation to the Republic of Armenia consisted of the following members Ms Mari AMOS (head of the delegation) Mr Miguel SARRE IGUIacuteNIZ and Mr Viacutector MADRIGAL-BORLOZ The delegation was supported by the UN Resident Coordinator and Representative of UNDPrsquo For more information on the mandate of Subcommittee please visit httpwww2ohchrorgenglishbodiescatopcatindexhtm
212 Recent OPCAT events
Norway ratified the OPCAT on 27 June 2013
213 Forthcoming OPCAT events
SPT visit to Peru to be conducted on 10-20 September 2013 SPT 21st session will be held on 11-15 November 2013
214 SPT Call for information on reprisals
The United Nations Subcommittee on Prevention of Torture (SPT) is developing a policy on reprisals The term ldquoreprisalsrdquo is understood to mean those acts or omissions by an authority or
7
official of a State Party visited whereby the aforementioned authority or official carries out permits or tolerates ldquoany sanction against any person or organization for having communicated to the Subcommittee on Prevention or to its delegates any information whether true or false and no such person or organization shall be otherwise prejudiced in any wayrdquo (Article 15 of the Optional Protocol to the Convention against Torture- OPCAT) The SPT is therefore calling for written contributions to assist its reflections on reprisals Submissions should be provided within 2 months ie by 30 August 2013 at the following e-mail address opcatohchrorg
22 UN Committee against Torture (CAT)
221 Recent events
2211 CAT Committee 50th Session
The CAT Committee held the 50th session from 6 May to 31 May 2013 and adopts Concluding Observations on Reports of Bolivia Estonia Guatemala Japan Kenya Mauritania the Netherlands and the United Kingdom lsquoThe Committee against Torture today concluded its fiftieth session after adopting its concluding observations and recommendations on the reports on the implementation of the provisions of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment in Bolivia Estonia Guatemala Japan Kenya Mauritania the Netherlands and the United Kingdom The Committeersquos concluding observations and recommendations on the country reports will be available on the website of the Office of the High Commissioner for Human Rights this afternoon In its concluding meeting the Committee also adopted on its annual report to the United Nations General Assembly orally presented by Nora Sveaass Committee Rapporteur and its programme of work for future sessions In addition to the consideration of country reports during this session the Committee marked its twenty-fifth anniversary by holding two panel discussions on 7 May focused on the identification of its main achievements and challenges and on the obligations of States parties with regards to redress for victims of torture in light of the Committeersquos General Comment 3 on Article 14 of the Convention against Torture The Committee also met with the Subcommittee on the Prevention of Torture to discuss areas of collaboration between the two bodies and its President Malcolm Evans presented the Subcommitteersquos annual report The Committee also held a meeting with States parties to exchange views on the activities of the Committee and developments in its methods of work In a meeting with non-governmental organizations the Committee discussed ways to enhance cooperation in the implementation of the Convention In closed meetings the Committee also considered information appearing to contain well-founded indications that torture was systematically practised in some States parties and met separately with the delegation of Romania to discuss a delay in the entry into force of the Optional Protocol to the Convention and the establishment of its national preventive mechanism The next session of the Committee against Torture will be held from 28 October to 22 November 2013 during which it will review the reports of Andorra Belgium Burkina Faso Kyrgyzstan Latvia Mozambique Poland Portugal and Uzbekistanrsquo The programme and reports are available at httptbinternetohchrorg_layoutsTreatyBodyExternalSessionDetails1aspxSessionID=790ampLang=en
222 Recent CAT Committee examination of country reports
2221 Estonia
lsquoThe Committee against Torture today concluded its consideration of the fifth periodic report of Estonia on how it implements the provisions of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Introducing the report Margus Sarapuu Secretary-General of the Ministry of Justice of Estonia said that the 2011 amendments to the Criminal Procedure Code expedited judicial proceedings while the
8
Guidelines for the Development of Criminal Policy until 2018 adopted by Parliament provided for expedited pre-trial procedures in criminal matters regarding minors Further amendments of the Code of Misdemeanour Procedure would be implemented in order to increase its expedition and efficiency lessen bureaucracy and enhance the fundamental rights of persons The revision of the Penal Code was currently being undertaken and a section on domestic violence was added in the draft Trafficking in human beings had been criminalized in April 2012 and its definition was fully aligned to the United Nations Palermo Protocol Committee Experts commended Estonia for the measures it had taken to reduce the length of criminal proceedings and address prison overcrowding domestic violence and trafficking in persons They inquired about the amendment of the Penal Code and the progress in aligning the definition of torture with the Convention against Torture the ratification of the Optional Protocol and establishment of the national preventive mechanism and about the investigation of past crimes of torture and ill treatment and holding perpetrators accountable Other issues included detainee complaints received by the Chancellor of Justice and how those and complaints about poor conditions in punishment cells in prisons and in the immigrants expulsion centres were addressed treatment of asylum seekers penalties meted out to those convicted of human trafficking and help provided to their victims Responding to the questions and comments raised by the Committee members yesterday 22 May and today the delegation said that the ongoing revision of the Penal Code would bring the definition of torture in line with article 1 of the Convention against Torture this draft law together with the revised Code of Misdemeanour Procedures aimed at making the procedure more clear and the new Child Protection Act criminalizing all forms of corporal punishment against children would be presented to Parliament by the end of the year Screening procedures for asylum applicants were conducted under the international protection procedure regulated by the Act on Granting International Protection to Aliens the requirements for the determination of refugee status set in the legislation met those of the 1951 Convention relating to the Status of Refugees and the Dublin regulations Estonia still did not have an accredited national human rights institution but those functions were performed by the Chancellor of Justice The delegation of Estonia consisted of representatives from the Ministry of Justice Ministry of the Interior and the Permanent Mission of Estonia to the United Nations Office at Geneva The next public meeting of the Committee will be at 10 am on Friday 31 May when it will adopt its concluding observations and recommendations on the country reports considered during the session and then conclude the sessionrsquo The fifth periodic report of Estonia can be read via the following link httpwww2ohchrorgenglishbodiescatdocsCATCEST5_epdf For more information please see httpwwwohchrorgenNewsEventsPagesDisplayNewsaspxNewsID=13349ampLangID=E
2222 Japan
lsquoThe Committee against Torture today concluded its consideration of the second periodic report of Japan on how it implements the provisions of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Introducing the report Hideaki Ueda Ambassador in charge of Human Rights and Humanitarian Affairs at the Ministry of Foreign Affairs of Japan said that Japan had taken steps and measures to ensure appropriate interrogation and examination procedures both by prosecutors and police officers In 2009 it established an expert committee to ensure transparency of the treatment and improve management at immigration detention facilities Japan became a State party to the Rome Statute in 2007 which was a clear demonstration of its resolve to end impunity for the perpetrators of the most serious crimes of concern to the international community including torture In December 2009 the Action Plan to Combat Trafficking in Persons had been adopted which promoted coordinated measures of prevention elimination and protection by relevant ministries and agencies Committee Experts were concerned about the terminology in the Japanese legislation regarding torture and wondered whether it covered the whole range of acts of torture and cruel inhuman or degrading treatment or punishment Experts noted that Japan had increased the capacity of prisons and wished to hear more about steps to address overcrowding and living conditions in places of
9
detention particularly in womenrsquos prisons Inmates on death row spent a long time waiting for the execution which would then often be carried out without much prior warning Committee Experts also spoke about solitary confinement in prisons spousal violence and violence against women incidence of trafficking in human beings and data on investigations and prosecutions the complaints system for women victims of violence and steps to deal with impunity for crimes committed during World War II prosecute those responsible and provide compensation to victims Responding to questions and comments raised by the Committee members yesterday 21 May and today the delegation said that there was an absolute constitutional prohibition of infliction of torture and cruel punishment by public officials and confessions extracted under compulsion torture or a prolonged period of detention were not admissible in courts In April 2008 the Public Prosecutionrsquos office had announced a policy to ensure appropriate interrogation including the right of a suspect to a counsel all those who could not afford one and were charged with serious crimes were provided with a counsel paid for by the State The notification of the execution of capital punishment was done shortly before the execution itself to avoid inflicting mental pain and families were informed immediately upon the execution The number of detainees in prisons was on the decline which contributed to reducing overcrowding and Japan would continue to undertake measures to further reduce it and improve living conditions in prison facilitiesrsquo The second periodic report of Japan can be read via the following link httpwww2ohchrorgenglishbodiescatdocsCATCJPN2_enpdf
23 UN Special Rapporteur against torture
lsquoThe United Nations Special Rapporteur against torture and other cruel inhuman and degrading treatment or punishment Juan E Meacutendez has recently published his latest thematic report on the revision of the Standard Minimum Rules for the Treatment of Prisoners (SMRs) The report will be presented during the 68th session of the United Nations General Assembly on 22 October 2013 and represents a significant contribution to the ongoing review process of the SMRs coordinated by the UN Office of Drug Control and Crime Prevention (UNODC) with the active participation of many States and civil society organizations For the preparation of the report the Special Rapporteur held an expert meeting in Oxford UK on 10 July 2013 on ldquothe review of the UN Standard Minimum Rules for the Treatment of Prisonersrdquo co-organized by the OHCHR the American University Washington College of Lawrsquos Center for Human Rights and Humanitarian Lawrsquos Anti-Torture Initiative and the Institute of Human Rights for Future Generations University of Oxford The review process is intended to reflect critical developments in international human rights law since the 1957 adoption of the SMRs and to enhance the ability of the SMRs to serve as a useful tool for States and civil society to protect and uphold the rights of persons deprived of their liberty In contributing to this process the report reflects on several areas targeted for reviews and analyzes their interplay with the international prohibition of torture and ill-treatment through the identification of the procedural standards and safeguards that States are obliged to implement to all situations of deprivation of liberty In this sense the report highlights the importance of including an explicit condemnation of torture and ill-treatment in accordance with Art 4 of the Convention against Torture and of considering the principle of humane treatment and respect for inherent dignity as the starting point for any consideration regarding policy making related to persons deprived of liberty In this regard the report sets specific standards regarding pre-trial detention access to counsel and appropriate medical assistance the limits on the use of solitary confinement and the safeguards States must implement during disciplinary procedures and punishments In particular the report highlights the importance of establishing independent complaint and oversight mechanisms such as National Preventive Mechanisms in accordance with the Optional Protocol to the Convention against Torture as a necessary tool to combat and prevent impunityrsquo
24 UN Jurisprudence
Latest Jurisprudence of UN Treaty Bodies is now available The cases law adopted at the last session of the HRC CERD CEDAW and CRPD are available on-line in the six UN official languages In order to ease access to the jurisprudence on individual cases additional information is now available such as the articles invoked the subject matter the procedural issues and the outcome bull Latest jurisprudence adopted by the treaty bodies
10
Human Rights Committee httpwww2ohchrorgenglishbodieshrcHRCommitteeCaseLawhtm Committee on the Elimination of Racial Discrimination httpwww2ohchrorgenglishbodiescerdjurisprudencehtm Committee on the Elimination of Discrimination against Women httpwww2ohchrorgenglishlawjurisprudencehtm Committee on the Rights of Persons with Disabilities httpwwwohchrorgENHRBodiesCRPDPagesJurisprudenceaspx Committee against Torture (soon in the new format) httpwww2ohchrorgenglishbodiescatjurisprudencehtm
3 Council of Europe
31 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
lsquoCouncil of Europe anti-torture Committee publishes report on Latvia Strasbourg 27082013 ndash The CPT has published today the report on its visit to Latvia carried out in September 2011 The report has been made public at the request of the Latvian authorities together with their responses In the course of the 2011 visit the CPTrsquos delegation received a number of allegations from detained persons of physical ill-treatment by the police (consisting mainly of punches kicks and inappropriate use of truncheons) at the time of apprehension and during questioning Some of these allegations were corroborated by the delegationrsquos own medical observations and other medical evidence The CPT concludes in the report that persons in police custody continue to face a certain degree of risk of being subjected to ill-treatment and calls on the Latvian authorities to exercise constant vigilance in this area As regards conditions of detention in police establishments the Committee emphasises that the conditions in some of the detention facilities visited were so poor that they could be considered as amounting to inhuman and degrading treatment In their response the Latvian authorities refer to training and education programmes offered to police officers on various subjects including the prohibition of torture and inhuman or degrading treatment interrogation techniques and the use of physical force special means and weapons Information is also provided on measures taken to improve material conditions in several police detention facilities As regards the situation in prisons the vast majority of prisoners interviewed made no allegations of physical ill-treatment by staff nevertheless some allegations were received in particular at Jelgava Prison It transpired that inter-prisoner violence was a problem in all the establishments visited in the Committeersquos view certain factors contributed to this phenomenon including large-capacity accommodation units cramped conditions in multi-occupancy cells (and consequential stress among prisoners) limited possibilities for most prisoners to occupy themselves and insufficient staffing levels As for the provision of health care to prisoners a number of major shortcomings (eg insufficient health-care staff severe shortage of medication problematic access to specialist care etc) were observed with many inmates being denied effective health care Particular attention is paid in the report to the situation of life-sentenced prisoners The CPT commends the steps taken by the Latvian authorities to improve material conditions of detention for this category of inmates and to develop a regime of activities for life-sentenced prisoners on the medium and high regime levels However the regime applied to life-sentenced prisoners on the low regime level (about 65 percent of all such prisoners) remains very impoverished the vast majority of them being confined to their cells for up to 23 hours per day Further the Committee stresses once again that it can see no justification for the systematic handcuffing of almost all life-sentenced prisoners whenever they were escorted inside the prison it calls upon the Latvian authorities to carry out a proper individual risk assessment in respect of these prisoners with a view to adjusting the security measures applied to them accordingly In their response the Latvian authorities provide information on the measures they have taken or intend to take in order to address the recommendations made by the CPT on the issues described above The report also examines the treatment and living conditions of patients at a psychiatric clinic and of residents at a social care home as well as the legal safeguards in the context of admission procedures The CPTrsquos visit report and the responses of the Latvian authorities are available on the Committees website wwwcptcoeint
11
Council of Europe anti-torture Committee publishes the Dutch Governments response to the report on the 2011 visit Strasbourg - 21082013 - The CPT has published today the response of the Dutch Government to the report on the CPTs most recent visit to the Netherlands in October 2011 The response has already been made public by the Dutch authorities The CPTs report on the 2011 visit to the Netherlands was published in August 2012 The response is available on the Committeersquos website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Georgia Strasbourg 31072013 ndash The CPT has published today the report on its November 2012 ad hoc visit to Georgia together with the Georgian authoritiesrsquo response High-level talks held during the CPTrsquos visit mainly focused on the effectiveness of criminal investigations launched following the publication on 18 September 2012 of video material containing scenes of apparent serious ill-treatment of prisoners by staff in certain penitentiary establishments The legislative administrative and other steps being taken (and planned) by the Georgian authorities in respect of the countryrsquos prison system were also discussed In its report the CPT welcomes the wide-scale prison amnesty while stressing that the problems of prison overcrowding and prison population inflation cannot be addressed in a comprehensive and lasting way through the use of such exceptional measures a strategy for the sustainable reduction of the prison population should include a variety of steps to ensure that imprisonment really is the measure of last resort The CPT has also made several recommendations concerning the two prisons visited by the delegation (in Gldani and Kutaisi) and on other issues related with the prison system especially the prison health-care services In their response the Georgian authorities provide information on the progress and outcome of the above-mentioned criminal investigations as well as on measures being taken to reform the Georgian prison system Those measures include steps to further reduce the prison population renovate existing prisons and build new establishments develop the programmes of activities for both sentenced and remand prisoners and improve prison staff training The response also contains information on the Strategy and Action Plan for Prison Health-care Reform for the period 2013 ndash 2014 The CPTrsquos report and the response have been published at the request of the Georgian authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee visits the Russian Federation Strasbourg 23072013 ndash A delegation of the CPT carried out an ad hoc visit to the Russian Federation from 9 to 19 July 2013 The main objective of the visit was to review the implementation of recommendations made after previous visits regarding the treatment of persons deprived of their liberty by law enforcement agencies For this purpose the delegation interviewed numerous detained persons who had recently been or were still in the custody of the police or other law enforcement agencies it also examined relevant documentation including investigation files concerning complaints about ill-treatment by staff of those agencies In the course of the visit the delegation held consultations with Alexandr GOROVOY First Deputy Minister of Internal Affairs and Maxim TRAVNIKOV Deputy Minister of Justice as well as with other senior officials of the above-mentioned Ministries at both the federal and regional level Meetings were also held with senior officials of the Federal Service for the Execution of Punishments (FSIN) and the Federal Drug Control Service (FSKN) Further in Moscow and in most of the regions visited the delegation met senior officials of the Investigative Committee of the Russian Federation The delegation visited the following places of deprivation of liberty Police establishments Republic of Bashkortostan - Temporary Detention Centre (IVS) of the City Internal Affairs Department Ufa - IVS at the Police Division No 5 Ufa - Police Divisions Nos 1 4 6 and 7 Ufa - Blagoveshchensk District Internal Affairs Department Novosibirsk Region - IVS of the City Internal Affairs Department Novosibirsk - Police Divisions Nos 2 4 and 7 Novosibirsk Omsk Region - IVS of the City Internal Affairs Department Omsk - Police Divisions Nos 2 and 9 Omsk - Division of the Ministry of Internal Affairs for Omsk City District - Special Reception Centre for Persons under Administrative Arrest Omsk
12
Sverdlovsk Region - IVS of the City Internal Affairs Department Yekaterinburg - Police Divisions Nos 1 4 5 14 and 15 Yekaterinburg Federal Drug Control Service establishments - FSKN Directorate for Omsk Region Omsk - FSKN Directorate for Sverdlovsk Region Yekaterinburg The delegation also carried out interviews of newly-arrived remand prisoners in the following establishments under the Ministry of Justicersquos Federal Service for the Execution of Punishments - Pre-trial establishment (SIZO) No 1 Novosibirsk - SIZO No 1 Omsk
- SIZO No 1 Ufa SIZO No 1 Yekaterinburg Council of Europe anti-torture Committee publishes report on Slovenia Strasbourg 19072013 - The CPT has published today the report on its JanuaryFebruary 2012 visit to Slovenia The report has been made public at the request of the Slovenian authorities together with their response In the course of the visit the Committeersquos delegation examined the treatment and conditions of detention of persons held in police facilities prisons and psychiatric establishments The CPT received only a few isolated allegations of police ill-treatment they concerned excessive use of force in the context of apprehension and threats of physical ill-treatment during police questioning The material conditions of detention in police facilities were on the whole satisfactory As regards the prison system the CPT acknowledges the efforts made by the Slovenian authorities to increase the capacity of the prison estate however overcrowding continued to be a problem in some prisons In other aspects the material conditions of detention were generally adequate The Committee gained a particularly positive impression of the two newly-opened blocks at Dob Prison Particular attention is paid in the report to the regime of activities provided to inmates In this respect the Committee expresses concern about the situation of remand prisoners at Celje and Ljubljana Prisons as well as of prisoners held under the reinforced security regime at Celje and Dob Prisons The majority of these inmates spent most of the day locked-up in their cells with little to occupy themselves In their response the Slovenian authorities assure the Committee that efforts will be made to improve the existing arrangements By way of example in the second half of 2012 the regime for remand prisoners at Ljubljana Prison was relaxed so that now the inmates concerned may spend four hours a day on weekdays out of their cells With respect to psychiatry the CPT welcomes the adoption in July 2008 of the new Mental Health Act which inter alia reinforces the legal protection of patients in psychiatricsocial care institutions At Maribor Psychiatric Department the overwhelming majority of patients interviewed by the CPTrsquos delegation indicated that hospital staff had a caring attitude towards them However the delegation received a few allegations of physical ill-treatment of patients by nursing staff shortly after having been fixated to a bed The CPT also expresses misgivings about the fact that mechanical restraint was not always applied as a measure of last resort and that patients were on occasion subjected to fixation for prolonged periods In their response the Slovenian authorities state that a clear message has been delivered to nursing staff that no ill-treatment whatsoever of patients will be tolerated and that special training is being provided in handling aggressive andor agitated patients The CPTs report and the Slovenian authoritiesrsquo response are available on the Committees website httpwwwcptcoeint Forced return flights from the UK the European anti-torture committee publishes its first report Strasbourg 18072013 - The CPT publishes today its first report on an operation of deportation of foreign nationals by air The monitoring took place in the context of an ad hoc visit to the United Kingdom from 22 to 24 October 2012 and involved the presence of a CPT delegation on a charter flight between London and Colombo (Sri Lanka) In its report the CPT concludes that ldquoeach stage of the preparation of the removal process was carefully planned and organised staff were well briefed and every effort was made for the removal to be carried out in a humane wayrdquo However the CPT makes several recommendations and comments concerning both the preparation and execution phases of such operations The main issues raised concern the use of restraint by escort staff the presence of a medical doctor (instead of a paramedic or a nurse) on
13
board removal charter flights and the need for a ldquofit to fly certificaterdquo for persons to be deported In particular the CPT recommends that efforts be made for the revised training package for overseas escorts to be accredited and implemented at the earliest opportunity In their response the UK authorities indicate that an Independent Advisory Panel on Non-Compliance Management has been recruited to assess the quality and safety of the recently revised training package developed by the National Offender Management Service As regards the presence of a medical doctor on board the authorities indicate that ldquowhere indicated by risk assessment and where appropriate a doctor will be providedrdquo On the subject of the delivery of a ldquofit to fly certificaterdquo the authorities indicate that they do not consider it necessary ldquoto positively assert in all cases that a person is fit to fly based on the reasonable assumption that this will be the case in the vast majority of instancesrdquo Other important recommendations related to the presence of interpreters throughout the whole removal process (including on board the aircraft) as well as the provision of psychological support and counselling to better prepare the persons to be deported for their removal Recommendations are also made concerning the recruitment procedure of escort staff (which should include some form of psychological assessment) as well as the measures to be taken to avoid professional exhaustion syndrome and the risks related to routine and to ensure that escort staff maintain a certain emotional distance from the operational activities in which they are involved The CPT regrets that the Sri Lankan authorities did not allow its delegation to observe the hand-over of the returned detainees to local immigration staff The Committee invites the UK authorities to expressly address the issue of the role of monitoring bodies in readmission
agreements
The CPTs visit report and the response of the United Kingdom authorities are available on the Committees website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Malta Strasbourg 04072013 ndash The CPT has published today the report on its September 2011 visit to Malta together with the Maltese authoritiesrsquo response The visit mainly focused on Corradino Correctional Facility the only prison in Malta In certain parts of the prison material conditions of detention had significantly improved since the CPTrsquos previous visit in 2008 However major shortcomings were found once again in several other areas of the establishment (in particular as regards the state of repair of cells and access to natural light) The situation was further exacerbated by the prevailing overcrowding and the lack of organised activities for many prisoners The CPT has recommended in particular that a comprehensive plan to renovate the entire prison be drawn up as soon as possible The CPT also carried out follow-up visits to Lyster and Safi Barracks the only two detention centres for foreigners which were operational at the time of the visit In its report the Committee expresses concern about the frequency and seriousness of allegations received from foreign nationals about the force used by soldiers and police officers in the context of disturbances which had occurred in August 2011 at the Safi Detention Centre it has recommended that a comprehensive inquiry by an independent body be carried out into this matter At the Lyster Detention Centre the CPT observed improvements both in terms of material conditions and activities provided to foreign nationals However the conditions under which foreign nationals were being held in the two Warehouses at Safi Barracks remained very poor Further in both detention centres the health-care services were clearly insufficient Following a brief visit to Mount Carmel Psychiatric Hospital the CPT has expressed serious misgivings about the manner in which agitated or suicidal patients had on occasion been managed It has also made a number of specific recommendations to improve living conditions in the Forensic Ward and the Ward for Irregular Migrants In their response the Maltese authorities provide information on the action taken to address the recommendations made by the Committee on the issues described above
The CPTrsquos report and the response have been published at the request of the Maltese authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee publishes the Danish Governments response to the report on the visit to Greenland (September 2012) Strasbourg 03072013 - The CPT has published today the response of the Danish Government to the report on the Committeersquos ad hoc visit to Greenland in September 2012 The response has been made public at the request of the Danish authorities In its response the Danish Government provides information on the measures taken in the light of the recommendations made by the CPTrsquo
14
The CPTrsquos report on its visit to Greenland was made public in January 2013 The response is available on the Committees website wwwcptcoeint
32 Council of Europe Commissioner on Human Rights
lsquoTurkey police violence must not go unpunished Strasbourg 872013 - ldquoAll instances of excessive use of force by the police must be fully investigated and adequately punishedrdquo said Nils Muižnieks the Council of Europe Commissioner for Human Rights at the end of a five day visit to Istanbul and Ankara during which he discussed the Gezi Park events and other human rights issues The Commissioner recalled that according to the case-law of the European Court of Human Rights the failure to effectively investigate the misconduct of security forces was a human rights violation in itself and that Turkey had been condemned on numerous occasions by the Court precisely for this reason The Commissioner had received serious allegations of human rights violations committed by law enforcement forces against demonstrators backed up by witness accounts photos videos forensic evidence as well as the number of deaths and injuries over the course of the events Most of these reports concerned excessive and improper use of tear gas and ill-treatment by police at the time of apprehension On the other hand members of the government and security forces considered that the use of force had been proportionate in view of the actions of marginal groups hijacking the demonstrations except for isolated incidents which are under investigation [hellip] The Commissioner also noted that members of certain professional groups such as doctors lawyers academics teachers media professionals expressed fear of intimidation as well as of administrative and judicial measures against them as a result of their non-violent actions during the protests The Commissioner urged the Turkish authorities to allay these fears as a matter of urgency and to ensure that any perception of reprisals is averted The Commissioner also stated that there were certain shortcomings both in the Turkish legislation concerning the right to assembly and the role of law enforcement and its application by the competent authorities ldquoThe legislation and practice puts too much emphasis on the lawfulness of demonstrations as opposed to their peacefulness contrary to the European Convention on Human Rightsrdquo stated the Commissioner adding that the overwhelming majority of demonstrators in the Gezi Park events given the total participation of 25 million had thankfully been peaceful [hellip] The Commissioner also referred to his meetings with the newly established Ombudsman Office and the Turkish Human Rights Institution stating that the latest events provided a unique opportunity for these institutions to establish their credibility in the eyes of the Turkish public He stressed that citizens with grievances should also use the Ombudsman Office for redress including for actions of the security forces during demonstrationsrsquo The Commissionerrsquos report on his visit is forthcoming Press contact in the Commissionerrsquos Office Stefano Montanari stefanomontanaricoeint
33 Summaries of selected Article 3 cases before the European Court of Human Rights June and July 2013
AGAM DNM MKH MYH AND OTHERS NANS NMB NMY AND OTHERS SA V SWEDEN (NOS 7168010 2837911 7241310 5085910 6841110 6833510 7268610 6652310)
httphudocechrcoeintsitesengPagessearchaspxfulltext[AGAMDNMMKHMYH20AND20OTHERS]documentcollectionid2[GRANDCHAMBERCHAMBER]itemid[001-121571] 27 June 2013 ndash No violation of Article 2 and or Article 3 ndash No evidence to confirm that the
applicants would be exposed to a real risk of inhuman or degrading treatment or of becoming victims of honour-related crimes in the event of extradition in southern of central Iraq (for the applicants in the cases DNM and SA) or in Kurdistan (for the applicants in the other six cases)
15
All eight cases concerned the deportation of failed asylum-seekers originally from Baghdad Mosul and Kirkuk to Iraq The applicants in the cases DNM and SA alleged that if they were to be removed to Iraq they would be at risk of becoming victims of honour-related crimes due to their relations with women whom were disproved by their families while the other six applicants alleged that they would be at risk of persecution if deported to Iraq due to being Christian a religious minority in the country The Court noted that each of the applicantsrsquo claims had been examined and rejected by the Migration Board and the Migration Court particularly because the incidents of which the applicants were victim were mostly related to general security in Iraq at the time and that the applicants were not in need of asylum in Sweden since a number of years had since passed and the level of violence had thus declined The Court took into consideration the current national and international reports available and the gradual improvement that had been made Despite the applicantsrsquo personal circumstances (cases DNM and SA) and that their belonging to a vulnerable minority (the other six cases) would risk their lives and or facilitate inhuman or degrading treatment if removed the Court held that all ten applicants could relocate to other regions in Iraq such as Kurdistan in the north (concerning the six other cases) or to southern and central Iraq (cases DNM and SA) Therefore there would be no violation of Articles 2 and 3 of the Convention if the applicants were removed in southern or central Iraq or in Kurdistan
Horshill v Greece (application no7042711) httphudocechrcoeintsitesengPagessearchaspxfulltext[Horshill]languageisocode[FRA]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122973]
Detention of an asylum seeker in Greek police stations found to be degrading treatment incompatible with Article 3 of the Convention
In the Chamber judgment in the case of Horshill v Greece (application no7042711) the European Court of Human Rights held unanimously that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights The case concerned the placement in detention of Ismail Alfateh Horshill and the conditions in which he was detained The applicant a foreign national who was due to be deported was held successively for fifteen days in two police stations after having applied for asylum Pursuant to a decree transposing a directive from the Council of the European Union into national law Ismail Alfateh Horshill who had no travel documents was placed in detention by the Greek authorities Noting that the applicant had been released from detention after a short period of two weeks the Court considered that his detention had not been arbitrary and that it could not be concluded that it had not been ldquolawfulrdquo within the meaning of Article 5 sect 1 (f) of the Convention
Vinter and Others v United Kingdom - 6606909 13010 and 389610 Judgment 972013 [Grand Chamber]
httphudocechrcoeintsitesengPagessearchaspxfulltext[vinter]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122664] Article 3 The Grand Chamber agreed with and endorsed the Chamberrsquos finding that a grossly disproportionate sentence would violate Article 3 of the Convention although that test would be met only on rare and unique occasions In the instant case the applicants had not sought to argue that their whole life orders were grossly disproportionate instead they submitted that the absence of an in-built procedural requirement for a review constituted ill-treatment not only as the Chamber had found when there ceased to be legitimate penological grounds to justify continued detention but from the moment the order was made The Court reiterated that Contracting States must be allowed a margin of appreciation in deciding on the appropriate length of prison sentences for particular crimes and must remain free to impose life sentences on adult offenders for especially serious crimes However the imposition of an irreducible life sentence on an adult could raise an issue under Article 3 In determining whether a life sentence in a given case could be regarded as irreducible the Court would seek to ascertain whether the prisoner could be said to have any prospect of release Where national law afforded the possibility of review of a life sentence with a view to its
16
commutation remission termination or the conditional release of the prisoner that would be sufficient to satisfy Article 3 There were a number of reasons why for a life sentence to remain compatible with Article 3 there had to be both a prospect of release and a possibility of review Firstly it was axiomatic that a prisoner could not be detained unless there were legitimate penological grounds for that detention The balance between the justifications for detention was not necessarily static and could shift in the course of the sentence It was only by carrying out a review at an appropriate point in the sentence that these factors or shifts could be properly evaluated Secondly incarceration without any prospect of release or review carried the risk that the prisoner would never be able to atone for his offence whatever he did in prison and however exceptional his progress towards rehabilitation Thirdly it would be incompatible with human dignity for the State forcefully to deprive a person of his freedom without at least providing him with the chance to someday regain that freedom Moreover there was now clear support in European and international law for the principle that all prisoners including those serving life sentences should be offered the possibility of rehabilitation and the prospect of release if rehabilitation was achieved Accordingly Article 3 had to be interpreted as requiring reducibility of life sentences in the sense of a review allowing the domestic authorities to consider whether any changes in the life prisoner are so significant and such progress towards rehabilitation has been made in the course of the sentence as to mean that continued detention can no longer be justified on legitimate penological grounds While it was not the Courtrsquos task to prescribe the form (executive or judicial) which that review should take or to determine when it should take place the comparative and international law materials before it showed clear support for the institution of a dedicated mechanism guaranteeing a review no later than twenty-five years after the imposition of a life sentence with further periodic reviews thereafter A whole life sentence would not measure up to the standards of Article 3 where the domestic law did not provide for the possibility of such a review Lastly although the requisite review was a prospective event necessarily subsequent to the passing of the sentence a whole life prisoner should not be obliged to wait and serve an indeterminate number of years of his sentence before he could raise the complaint that the legal conditions attaching to his sentence failed to comply with the requirements of Article 3 Whole life prisoners were entitled to know at the outset of their sentence what they must do to be considered for release and under what conditions including when a review of their sentence will take place or may be sought Consequently where domestic law did not provide any mechanism or possibility for review of a whole life sentence the incompatibility with Article 3 on this ground already arose when the whole life sentence was imposed and not at a later stage of incarceration The Government had argued before the Court that the aim of the 2003 Act was to remove the executive from the decision-making process concerning life sentences and this was the reason for abolishing the 25-year review by the Home Secretary which had existed beforehand However the Court considered that it would have been more consistent with the legislative aim to provide that the 25-year review would be conducted within a judicial frame- work rather than completely eliminated The Court also found that the current law concerning the prospect of release of life prisoners in England and Wales was unclear Although section 30 of the 1997 Act gave the Justice Secretary the power to release any prisoner including one serving a whole life order the relevant Prison Service Order provided that release would only be ordered if a prisoner was terminally ill or physically incapacitated These were highly restrictive conditions and in the Courtrsquos view compassionate release of this kind would not be what was meant by a ldquoprospect of releaserdquo in Kafkaris In light therefore of this contrast between the broad wording of section 30 and the exhaustive conditions announced in the Prison Service Order as well as the absence of any dedicated review mechanism for whole life orders the Court was not persuaded that at the present time the applicantsrsquo life sentences could be regarded as reducible for the purposes of Article 3 The requirements of that provision had not therefore been met in relation to any of the three applicants The Court emphasised however that the finding of a violation in the applicantsrsquo cases should not be understood as giving them any prospect of imminent release Whether or not they should be released would depend for example on whether there were still legitimate penological grounds for their continued detention and whether they should continue to be detained on grounds of dangerous- ness These questions were not in issue in this case and were not the subject of argument before the Court Conclusion violation (sixteen votes to one) Article 41 Finding of a violation constituted sufficient just satisfaction for any non-pecuniary damage sustained by the first applicant No claim made by the other applicants
17
4 European Union and associated bodies
41 European Union Agency for Fundamental Rights (FRA)
June 2013 the European Court of Human Rights (ECtHR) and the European Union Agency for Fundamental Rights (FRA) published a joint Handbook on European law relating to asylum borders and immigration on 11 June lsquoIt examines the relevant law in the field of asylum borders and immigration stemming from both European systems the European Union and the Council of Europe It provides an accessible guide to the various European standards relevant to asylum borders and immigration The handbook is the second joint publication of this kind following a first handbook on non-discrimination issued in 2011 It is based on the case law of the European Court of Human Rights and the European Court of Justice as well as on the relevant EU regulations and directives It is also a first point of reference on the European Social Charter (ESC) and other instruments of the Council of Europe It is designed to assist legal practitioners at national and European level including lawyers judges prosecutors border guards immigration officials and others working with national authorities as well as non-governmental organisations and other bodies that may be confronted with legal questions in any of the areas the handbook sets out to coverrsquo The handbook is available at httpfraeuropaeusitesdefaultfileshandbook-law-asylum-migration-borders_enpdf
5 News from NGOs amp general updates
51 The Association for the Prevention of Torture Geneva (APT)
lsquoRights within the EU What role for European Institutions Monday September 16 2013 ldquoThe Treaties of the European Union state that the EU is founded on the value of respect for human rightsrdquo However much remains to be done for EU institutions to properly address gross human rights violations within the EU particularly the Council of the European Union This is the message that members of the Human Rights and Democracy Network which the APT is part of have sent to the representatives of all key EU institutions The letter singles out the EU Council Working Party on Fundamental Rights and Free Movement of Persons (FREMP) which has ldquobeen largely confined to negotiating the EU accession to the European Convention on Human Rightsrdquo rather than seeking to address serious human rights abuses within the European Union The letter concludes with a set of practical and constructive recommendations to the main EU institutions including the Council Commission Parliament and the Fundamental Rights Agency including strengthening the mandate of the latter The APT supports these recommendations and calls on remaining EU states that have not yet done so to ratify the Optional Protocol to the UN Convention against Torture (OPCAT) Presently 7 members of the EU (Belgium Finland Greece Ireland Latvia Lithuania and Slovakia) are not party to this innovative treaty The APT also calls on EU states that have established or designated National Preventive Mechanisms under the OPCAT to provide them with the necessary independence and resources as well as engaging in a constructive dialogue with these institutions to meaningfully reduce the risk of abuse on persons deprived of their libertyrsquo See more at httpwwwaptchennews_on_preventionrights-within-the-eu-what-role-for-european-institutionsUjnGb-DZn4Y lsquoExcessive use of pre-trial detention in the EU Tuesday September 10 2013 The APT today co-signed a letter sent to European Commission Vice-President Viviane Reding urging the Commission to take steps aimed at reducing the excessive periods of time people spend in pre-trial detention and to increase the use of alternatives
18
Across the European Union both the use and material conditions of pre-trial detention vary considerably and can have a very detrimental impact on persons deprived of their liberty Among other issues the letter calls on the Commission to take concrete steps to establish minimum and enforceable EU standards on pre-trial detention The letter is co-signed by 22 NGOs and has been copied to various relevant European Commission actorsrsquo lsquoInstitutional culture in detention a framework for preventive monitoring This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts It is the second in a series of thematic papers on aspects of detention monitoring which have so far been under-researched and received little attention They are the result of a joint project between the APT and Penal Reform International (PRI) with financial assistance of the UK Government and the European Unionrsquo See further details at httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17 Read more on the APT website at httpwwwaptch
52 Penal Reform International (PRI)
- Institutional culture in detention a framework for preventive monitoring
This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other forms of ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts This resource from PRI and the Association for the Prevention of Torture (APT) is designed to - raise awareness among monitoring bodies of the role of culture in places of detention in the prevention of torture and ill-treatment - provide a framework for understanding culture in places of detention - outline some common cultural attitudes that can represent risk factors for torture and ill-treatment - provide some examples of processes and factors that contribute to positive culture change in places of detention httpwwwpenalreformorgresourceinstitutional-culture-detention-framework-preventive-monitoring-3
- PRI briefing on complaints mechanisms in its Justice for Children series
Part of PRIs series of Justice for Children Briefings this resource explains a childs right to complain about his or her care treatment and conditions while deprived of their liberty Upholding the right to complain is very important for giving a voice to children in detention and for ensuring that their other human rights are protected The briefing looks at the basis of this right in international and regional treaties and standards and challenges to children in fulfilling this right It identifies key elements for creating an effective complaints mechanism and provides recommendations to ensure children can achieve their right to make complaints httpwwwpenalreformorgresourcechildren-deprived-liberty-complaints
- The Guide on gender-sensitive monitoring
The Guide is now also available in Spanish
httpwwwpenalreformorgresourcewomen-detention-guide-gendersensitive-monitoring
19
6 Immigration detention and monitoring updates
61 Council of Europe Immigration Issues
611 Migration Co-ordination Division update on work in the field of asylum and immigration
Recent editions of the Migration Co-ordination Newsletter were published in July and August 2013 The Newsletter provides a glance at some of the relevant Council of Europe activities on migration asylum and integration It will be published monthly and sent electronically to interested parties As we all know migration constitutes an ever-growing concern within the field of human rights and different aspects of migration profoundly affect social well-being In the foreseeable future these issues will only grow in importance and relevance across Europe Here the Council of Europe has a lot to offer The Migration Co-ordination Division hopes that this newsletter can give readers an insight into some of the debates and migration related activities as they unfolded at the Council in the months of June July and August The Newsletters are available at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp You can subscribe to future newsletters by sending an email to migration-newslettercoeint and you can search the archives for previous newsletters at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp Ukraine Efforts to improve policies and practices of detention of foreigners Strasbourg 4 July 2013 The Ukrainian authorities are engaged in serious efforts to bring their national policy and practice with regard to the detention of migrants and asylum-seekers in line with the Council of Europe standards A recent legislative initiative to amend several legal acts governing the status and the judicial protection of foreigners and stateless persons (draft law No 2743) emphasises the commitment of the Ukrainian government to ensure a judicial review of decisions depriving foreigners of their right to liberty The Council of Europe Migration Co-ordinator Christos Giakoumopoulos said the amendments which are currently examined by the Ukrainian parliament (Verhovna Rada) are an important step in ensuring compliance with Council of Europe norms as they are clearly inspired by the recommendations of the Committee of Ministers of the Council of Europe Moreover he said these amendments constitute a positive development in the process of the implementation of several judgements of the European Court of Human Rights such as for example the Soldatenko v Ukraine group of cases and the case of Nowak v Ukraine in which Ukraine was found in breach of the European Convention of Human Rights on account of unlawful detentions and lack of judicial control
62 Council of Europe Parliamentary Assembly (PACE) Migration Committee
Assistance to Syrian refugees after Lebanon PACE rapporteur continues visit to Turkey lsquoStrasbourg 21082013 ndash Jean-Marie Bockel (France EPPCD) who is preparing a report for the Parliamentary Assembly of the Council of Europe (PACE) on international assistance for Syrian refugees in Jordan Turkey Lebanon and Iraq today begins a fact-finding visit to Turkey (21 to 22 August 2013) following on from a visit to Lebanon (19-20 August) In Hatay (21-22 August) Mr Bockel will meet the Governor of Hatay and Turkish government officials ndash including from the Disaster and Emergency Management Presidency in the Prime Ministersrsquo Office ndash as well as representatives of the Red Crescent in Turkey He will also visit a local centre where refugees are accommodated and will speak to local residents about the impact of the refugee influx on the local community In Lebanon Mr Bockel met Syrian refugees in Alaawi (South Lebanon) and Ketermaya (Mount Lebanon) and discussed their situation with representatives of the UN High Commissioner for
20
Refugees and other NGOs working in the field During these exchanges of view he drew the authoritiesrsquo attention in particular to the situation of women and children Mr Bockelrsquos report is a follow-up to a current affairs debate held by the Assembly on this topic in April 2013rsquo For more details see httpassemblycoeintASPNewsManagerEMB_NewsManagerViewaspID=8977ampL=2
7 NPM discussion topic No 1 ldquothe monitoring of sobering-up detentionrdquo
71 Introduction
The thematic section for this Newsletter is on the experiences of NPMs regarding sobering-up detention The Polish NPM is currently preparing a thematic report and a conference regarding sobering-up stations and is looking for comparative experiences of monitoring such places from other CoE region NPMs In Poland these are institutions where drunk individuals are detained until they get sober for no longer than 24 hours In these places there is a non-stop medical service given to those people Those individuals are escorted there by the police because of their behaviour in public or at home The Polish NPM questions to the European NPM Network are
- how in your countries is the problem of care given to drunk people is solved - Where are drunk individuals placed (detained) if they are stopped by the Police - Can they leave those places anytime or they have to stay there till they are sober - What kind of care is given to them
The overview of responses to these questions form the European NPM Network members is below
72 Overview of responses from the European NPMs
- Response from the NPM of Luxembourg lsquoIn Luxemburg we have a very similar law regarding public drunkenness Following article 28 of the modified law from June 29th 1989 people that in a state of drunkenness cause public disorder or are likely to be harmful for themselves or others can be arrested by the police without intervention of a judge or an attorney for no longer than 24 hours Once arrested this people benefit from the full range of rights guaranteed to any other arrested person for criminal reasons (right to immediate assistance of a lawyer or consular assistance for foreigners right to call a family member inventory of their belongings fresh water supply etchellip) As for any other detainee the privation of liberty can only take place after a medical visit that generally takes place at the police station The surgeon in charge has to establish a written document stating that the concerned person does not present any corporal AND mental diseases making detention inappropriate or potentially harmful During the detention time those persons are under close survey (continuously by video and physically every hour at least all those verifications have to be noted down in real time indicating the time of control and the name of the controlling officer in a registry that is accessible at any time to the NPM and to the Inspectorate general of the Police) The Luxemburgish NPM already conducted several visits to police stations especially during the weekend nights Generally there was no noticeable problem The average time of privation of liberty cannot exceed 24 hours practically the detention time is very rarely superior to 6 hours In general people picked up during the night are released in the early morning hours The maximum time encountered by the Luxemburgish NPM was 165 hours immediately followed by a detention time of 825 hours There is no continuous medical survey in Luxemburg in case of a medical urgency people are immediately transferred to the next hospital which practically never happened until today as people with severe intoxications are detected by the medical visit prior to detention and are immediately transferred to a hospital
21
People arrested in Luxemburg on the legal basis above cannot leave the police station by their own decision liberation is depending upon the decision of the commanding police officer of the concerned station We also have another legal basis article 37 of the modified Police-law from May 31st 1999 entitling the police to arrest under the same conditions and restrictions as above anybody who by his ldquofoolishrdquo (insenseacute en french) behavior in public is likely to be harmful for himself or for others even without consumption of alcohol or drug abusersquo
- Response from the NPM of Slovenia
lsquoIn Republic of Slovenia there are no lsquosobering-up stationsrsquo per se However the police may order and carry out detention of a person under the influence of alcohol in certain cases for example as defined in the Minor Offences Act according to which (also) police officers may order detention when the perpetrator is caught committing minor offence under the influence of alcohol or other psychoactive substances and there is danger that (s)he will continue to commit minor offences such detention (which is not the only possible one involving the police) takes place in detention rooms at police stations and can last until the perpetrator becomes sober or capable to control behavior - but no longer than 12 hours Regarding lsquocare given to drunk peoplersquo in police detention ndash first of all police officers are bound to make sure that detained person gets medical aid if needed (injuries signs of alcohol poisoninghellip) or if the person demands so - this can be provided by medical personnel coming to place of detention itself or by taking the person to proper institution Police officer carrying out the detention is actually bound to take care of safety in general of the detained person for the duration of detention at least regular physical supervision is necessary but most often technical (audio and video) is provided too Drinkable water must be provided at all times and generally also one cold meal If the person is brought in wearing wet or in any other way unsuitable clothing (given the season weather conditionshellip) police officer must provide the person with proper clothes or footwear for the duration of the detention Certain standards are prescribed for the detention rooms themselves also ndash in cases of detention of up to 12 hours the floor shall not be slippery air temperature shall not be under 18 degrees Celsius in any case the room shall be equipped with toilet facilities unbreakable wash-hand basin and fixed bed with impermeable inflammable and untearable pillow and two blankets All circumstances regarding the detention (condition of the person carried out physical supervisions provided clothing food etc) are to be also carefully documentedrsquo
- Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo
lsquoIn our Law of Police is regulated this question The police officer may detain a person under the influence of alcohol or other psychoactive substances under terms and conditions determined by special law and the detention can last up to 8 hours With this article is limited time of detention because for criminal acts detention in police station is maximum 24 hours ( 12 hours for juveniles) Person under the influence of alcohol has the same rights like other detainees We dont have special places for detention of intoxicated people and police use regular detention places in the police stations Pursuant to the Rulebook on the Manner of Performance of Police duties and the Standard Operating Procedures for Detention and Treatment of Detainees the head of shift (police officer for admission) is responsible for admission of persons giving advice on realization of hisher rights including continuous monitoring during the detention for the purpose of ensuring the detained personsrsquo safety in the police station So people who are detained in Police station have right for food and water right to an attorney and informing the family right to medical assistance The shift manager is obligated to assess the health status of detained persons upon admission and record the same in the detention report The shift manager records any visible injuries visible signs of illness influence of alcohol or psychotropic substances thereby assessing whether medical attention is required In case of serious injuries or if the detainee complains for pain or injuries the right to medical assistance is of priority and it is undertaken before any other activity For most of the police stations it was concluded that in cases when there is higher blood alcohol content among the detainees a doctor was not called by the shift manager and in that line the NPM gave a recommendation that a doctor should be called no matter whether the person asks for medical assistance This should be made in order to act in line with the temporary protection of the health of the person deprived of liberty
22
In our report for 2012 we have thematic part about People detained in police stations ndash alcohol abusers Here is our opinion The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed In four of the folders for detainees in PS ____ it was assessed that the people were drunk in the limits of 1 50 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officers Regarding your questions in my country we dont have special places for drunk people and they are placed in police station in period of 8 hours without possibility to leave before they sober up and permission by head of shift If they have visible injuries or ask for medical help its called doctor but we suggested hat the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of libertyrsquo
- Response from the NPM of Georgia
lsquoSince the Soviet period Georgia had no special institution for drunken individuals According to the Georgian legislation being under the influence of alcohol per se doesnrsquot constitute an infraction Although last year in one region Akhalkalaki the Georgian NPM revealed a vicious practice ndash drunken individuals were detained by the police and held in a police station without being registered in any special registry until next morning The fact has been mentioned in the Public Defenderrsquos Report for 2012 and the abolition of this kind of practice has been recommended to the Minister of Internal Affairs In general if a detained person has any kind of medical concern an officer in charge calls the emergency service the detainee could even be transferred to hospital for example in case of acute alcoholic intoxicationrsquo
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo
81 Introduction
The Luxembourg NPM contacted the European NPM Network regarding vulnerable groups in prison as it is about to prepare a mission on its national prisons specially focused on the respect of the rights and the treatment of particularly vulnerable categories of prisoners and wanted to draw upon other comparative NPM experiences The NPM was in particular focused on the following categories vulnerable groups middot lsquoPrisoners living in detention without interruption for more than 10 years middot Prisoners recently condemned to a sentence of 15 years minimum middot Prisoners recently condemned to a very short sentence (9 months maximum) middot Older prisoners minimum age of 55 years
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
7
official of a State Party visited whereby the aforementioned authority or official carries out permits or tolerates ldquoany sanction against any person or organization for having communicated to the Subcommittee on Prevention or to its delegates any information whether true or false and no such person or organization shall be otherwise prejudiced in any wayrdquo (Article 15 of the Optional Protocol to the Convention against Torture- OPCAT) The SPT is therefore calling for written contributions to assist its reflections on reprisals Submissions should be provided within 2 months ie by 30 August 2013 at the following e-mail address opcatohchrorg
22 UN Committee against Torture (CAT)
221 Recent events
2211 CAT Committee 50th Session
The CAT Committee held the 50th session from 6 May to 31 May 2013 and adopts Concluding Observations on Reports of Bolivia Estonia Guatemala Japan Kenya Mauritania the Netherlands and the United Kingdom lsquoThe Committee against Torture today concluded its fiftieth session after adopting its concluding observations and recommendations on the reports on the implementation of the provisions of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment in Bolivia Estonia Guatemala Japan Kenya Mauritania the Netherlands and the United Kingdom The Committeersquos concluding observations and recommendations on the country reports will be available on the website of the Office of the High Commissioner for Human Rights this afternoon In its concluding meeting the Committee also adopted on its annual report to the United Nations General Assembly orally presented by Nora Sveaass Committee Rapporteur and its programme of work for future sessions In addition to the consideration of country reports during this session the Committee marked its twenty-fifth anniversary by holding two panel discussions on 7 May focused on the identification of its main achievements and challenges and on the obligations of States parties with regards to redress for victims of torture in light of the Committeersquos General Comment 3 on Article 14 of the Convention against Torture The Committee also met with the Subcommittee on the Prevention of Torture to discuss areas of collaboration between the two bodies and its President Malcolm Evans presented the Subcommitteersquos annual report The Committee also held a meeting with States parties to exchange views on the activities of the Committee and developments in its methods of work In a meeting with non-governmental organizations the Committee discussed ways to enhance cooperation in the implementation of the Convention In closed meetings the Committee also considered information appearing to contain well-founded indications that torture was systematically practised in some States parties and met separately with the delegation of Romania to discuss a delay in the entry into force of the Optional Protocol to the Convention and the establishment of its national preventive mechanism The next session of the Committee against Torture will be held from 28 October to 22 November 2013 during which it will review the reports of Andorra Belgium Burkina Faso Kyrgyzstan Latvia Mozambique Poland Portugal and Uzbekistanrsquo The programme and reports are available at httptbinternetohchrorg_layoutsTreatyBodyExternalSessionDetails1aspxSessionID=790ampLang=en
222 Recent CAT Committee examination of country reports
2221 Estonia
lsquoThe Committee against Torture today concluded its consideration of the fifth periodic report of Estonia on how it implements the provisions of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Introducing the report Margus Sarapuu Secretary-General of the Ministry of Justice of Estonia said that the 2011 amendments to the Criminal Procedure Code expedited judicial proceedings while the
8
Guidelines for the Development of Criminal Policy until 2018 adopted by Parliament provided for expedited pre-trial procedures in criminal matters regarding minors Further amendments of the Code of Misdemeanour Procedure would be implemented in order to increase its expedition and efficiency lessen bureaucracy and enhance the fundamental rights of persons The revision of the Penal Code was currently being undertaken and a section on domestic violence was added in the draft Trafficking in human beings had been criminalized in April 2012 and its definition was fully aligned to the United Nations Palermo Protocol Committee Experts commended Estonia for the measures it had taken to reduce the length of criminal proceedings and address prison overcrowding domestic violence and trafficking in persons They inquired about the amendment of the Penal Code and the progress in aligning the definition of torture with the Convention against Torture the ratification of the Optional Protocol and establishment of the national preventive mechanism and about the investigation of past crimes of torture and ill treatment and holding perpetrators accountable Other issues included detainee complaints received by the Chancellor of Justice and how those and complaints about poor conditions in punishment cells in prisons and in the immigrants expulsion centres were addressed treatment of asylum seekers penalties meted out to those convicted of human trafficking and help provided to their victims Responding to the questions and comments raised by the Committee members yesterday 22 May and today the delegation said that the ongoing revision of the Penal Code would bring the definition of torture in line with article 1 of the Convention against Torture this draft law together with the revised Code of Misdemeanour Procedures aimed at making the procedure more clear and the new Child Protection Act criminalizing all forms of corporal punishment against children would be presented to Parliament by the end of the year Screening procedures for asylum applicants were conducted under the international protection procedure regulated by the Act on Granting International Protection to Aliens the requirements for the determination of refugee status set in the legislation met those of the 1951 Convention relating to the Status of Refugees and the Dublin regulations Estonia still did not have an accredited national human rights institution but those functions were performed by the Chancellor of Justice The delegation of Estonia consisted of representatives from the Ministry of Justice Ministry of the Interior and the Permanent Mission of Estonia to the United Nations Office at Geneva The next public meeting of the Committee will be at 10 am on Friday 31 May when it will adopt its concluding observations and recommendations on the country reports considered during the session and then conclude the sessionrsquo The fifth periodic report of Estonia can be read via the following link httpwww2ohchrorgenglishbodiescatdocsCATCEST5_epdf For more information please see httpwwwohchrorgenNewsEventsPagesDisplayNewsaspxNewsID=13349ampLangID=E
2222 Japan
lsquoThe Committee against Torture today concluded its consideration of the second periodic report of Japan on how it implements the provisions of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Introducing the report Hideaki Ueda Ambassador in charge of Human Rights and Humanitarian Affairs at the Ministry of Foreign Affairs of Japan said that Japan had taken steps and measures to ensure appropriate interrogation and examination procedures both by prosecutors and police officers In 2009 it established an expert committee to ensure transparency of the treatment and improve management at immigration detention facilities Japan became a State party to the Rome Statute in 2007 which was a clear demonstration of its resolve to end impunity for the perpetrators of the most serious crimes of concern to the international community including torture In December 2009 the Action Plan to Combat Trafficking in Persons had been adopted which promoted coordinated measures of prevention elimination and protection by relevant ministries and agencies Committee Experts were concerned about the terminology in the Japanese legislation regarding torture and wondered whether it covered the whole range of acts of torture and cruel inhuman or degrading treatment or punishment Experts noted that Japan had increased the capacity of prisons and wished to hear more about steps to address overcrowding and living conditions in places of
9
detention particularly in womenrsquos prisons Inmates on death row spent a long time waiting for the execution which would then often be carried out without much prior warning Committee Experts also spoke about solitary confinement in prisons spousal violence and violence against women incidence of trafficking in human beings and data on investigations and prosecutions the complaints system for women victims of violence and steps to deal with impunity for crimes committed during World War II prosecute those responsible and provide compensation to victims Responding to questions and comments raised by the Committee members yesterday 21 May and today the delegation said that there was an absolute constitutional prohibition of infliction of torture and cruel punishment by public officials and confessions extracted under compulsion torture or a prolonged period of detention were not admissible in courts In April 2008 the Public Prosecutionrsquos office had announced a policy to ensure appropriate interrogation including the right of a suspect to a counsel all those who could not afford one and were charged with serious crimes were provided with a counsel paid for by the State The notification of the execution of capital punishment was done shortly before the execution itself to avoid inflicting mental pain and families were informed immediately upon the execution The number of detainees in prisons was on the decline which contributed to reducing overcrowding and Japan would continue to undertake measures to further reduce it and improve living conditions in prison facilitiesrsquo The second periodic report of Japan can be read via the following link httpwww2ohchrorgenglishbodiescatdocsCATCJPN2_enpdf
23 UN Special Rapporteur against torture
lsquoThe United Nations Special Rapporteur against torture and other cruel inhuman and degrading treatment or punishment Juan E Meacutendez has recently published his latest thematic report on the revision of the Standard Minimum Rules for the Treatment of Prisoners (SMRs) The report will be presented during the 68th session of the United Nations General Assembly on 22 October 2013 and represents a significant contribution to the ongoing review process of the SMRs coordinated by the UN Office of Drug Control and Crime Prevention (UNODC) with the active participation of many States and civil society organizations For the preparation of the report the Special Rapporteur held an expert meeting in Oxford UK on 10 July 2013 on ldquothe review of the UN Standard Minimum Rules for the Treatment of Prisonersrdquo co-organized by the OHCHR the American University Washington College of Lawrsquos Center for Human Rights and Humanitarian Lawrsquos Anti-Torture Initiative and the Institute of Human Rights for Future Generations University of Oxford The review process is intended to reflect critical developments in international human rights law since the 1957 adoption of the SMRs and to enhance the ability of the SMRs to serve as a useful tool for States and civil society to protect and uphold the rights of persons deprived of their liberty In contributing to this process the report reflects on several areas targeted for reviews and analyzes their interplay with the international prohibition of torture and ill-treatment through the identification of the procedural standards and safeguards that States are obliged to implement to all situations of deprivation of liberty In this sense the report highlights the importance of including an explicit condemnation of torture and ill-treatment in accordance with Art 4 of the Convention against Torture and of considering the principle of humane treatment and respect for inherent dignity as the starting point for any consideration regarding policy making related to persons deprived of liberty In this regard the report sets specific standards regarding pre-trial detention access to counsel and appropriate medical assistance the limits on the use of solitary confinement and the safeguards States must implement during disciplinary procedures and punishments In particular the report highlights the importance of establishing independent complaint and oversight mechanisms such as National Preventive Mechanisms in accordance with the Optional Protocol to the Convention against Torture as a necessary tool to combat and prevent impunityrsquo
24 UN Jurisprudence
Latest Jurisprudence of UN Treaty Bodies is now available The cases law adopted at the last session of the HRC CERD CEDAW and CRPD are available on-line in the six UN official languages In order to ease access to the jurisprudence on individual cases additional information is now available such as the articles invoked the subject matter the procedural issues and the outcome bull Latest jurisprudence adopted by the treaty bodies
10
Human Rights Committee httpwww2ohchrorgenglishbodieshrcHRCommitteeCaseLawhtm Committee on the Elimination of Racial Discrimination httpwww2ohchrorgenglishbodiescerdjurisprudencehtm Committee on the Elimination of Discrimination against Women httpwww2ohchrorgenglishlawjurisprudencehtm Committee on the Rights of Persons with Disabilities httpwwwohchrorgENHRBodiesCRPDPagesJurisprudenceaspx Committee against Torture (soon in the new format) httpwww2ohchrorgenglishbodiescatjurisprudencehtm
3 Council of Europe
31 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
lsquoCouncil of Europe anti-torture Committee publishes report on Latvia Strasbourg 27082013 ndash The CPT has published today the report on its visit to Latvia carried out in September 2011 The report has been made public at the request of the Latvian authorities together with their responses In the course of the 2011 visit the CPTrsquos delegation received a number of allegations from detained persons of physical ill-treatment by the police (consisting mainly of punches kicks and inappropriate use of truncheons) at the time of apprehension and during questioning Some of these allegations were corroborated by the delegationrsquos own medical observations and other medical evidence The CPT concludes in the report that persons in police custody continue to face a certain degree of risk of being subjected to ill-treatment and calls on the Latvian authorities to exercise constant vigilance in this area As regards conditions of detention in police establishments the Committee emphasises that the conditions in some of the detention facilities visited were so poor that they could be considered as amounting to inhuman and degrading treatment In their response the Latvian authorities refer to training and education programmes offered to police officers on various subjects including the prohibition of torture and inhuman or degrading treatment interrogation techniques and the use of physical force special means and weapons Information is also provided on measures taken to improve material conditions in several police detention facilities As regards the situation in prisons the vast majority of prisoners interviewed made no allegations of physical ill-treatment by staff nevertheless some allegations were received in particular at Jelgava Prison It transpired that inter-prisoner violence was a problem in all the establishments visited in the Committeersquos view certain factors contributed to this phenomenon including large-capacity accommodation units cramped conditions in multi-occupancy cells (and consequential stress among prisoners) limited possibilities for most prisoners to occupy themselves and insufficient staffing levels As for the provision of health care to prisoners a number of major shortcomings (eg insufficient health-care staff severe shortage of medication problematic access to specialist care etc) were observed with many inmates being denied effective health care Particular attention is paid in the report to the situation of life-sentenced prisoners The CPT commends the steps taken by the Latvian authorities to improve material conditions of detention for this category of inmates and to develop a regime of activities for life-sentenced prisoners on the medium and high regime levels However the regime applied to life-sentenced prisoners on the low regime level (about 65 percent of all such prisoners) remains very impoverished the vast majority of them being confined to their cells for up to 23 hours per day Further the Committee stresses once again that it can see no justification for the systematic handcuffing of almost all life-sentenced prisoners whenever they were escorted inside the prison it calls upon the Latvian authorities to carry out a proper individual risk assessment in respect of these prisoners with a view to adjusting the security measures applied to them accordingly In their response the Latvian authorities provide information on the measures they have taken or intend to take in order to address the recommendations made by the CPT on the issues described above The report also examines the treatment and living conditions of patients at a psychiatric clinic and of residents at a social care home as well as the legal safeguards in the context of admission procedures The CPTrsquos visit report and the responses of the Latvian authorities are available on the Committees website wwwcptcoeint
11
Council of Europe anti-torture Committee publishes the Dutch Governments response to the report on the 2011 visit Strasbourg - 21082013 - The CPT has published today the response of the Dutch Government to the report on the CPTs most recent visit to the Netherlands in October 2011 The response has already been made public by the Dutch authorities The CPTs report on the 2011 visit to the Netherlands was published in August 2012 The response is available on the Committeersquos website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Georgia Strasbourg 31072013 ndash The CPT has published today the report on its November 2012 ad hoc visit to Georgia together with the Georgian authoritiesrsquo response High-level talks held during the CPTrsquos visit mainly focused on the effectiveness of criminal investigations launched following the publication on 18 September 2012 of video material containing scenes of apparent serious ill-treatment of prisoners by staff in certain penitentiary establishments The legislative administrative and other steps being taken (and planned) by the Georgian authorities in respect of the countryrsquos prison system were also discussed In its report the CPT welcomes the wide-scale prison amnesty while stressing that the problems of prison overcrowding and prison population inflation cannot be addressed in a comprehensive and lasting way through the use of such exceptional measures a strategy for the sustainable reduction of the prison population should include a variety of steps to ensure that imprisonment really is the measure of last resort The CPT has also made several recommendations concerning the two prisons visited by the delegation (in Gldani and Kutaisi) and on other issues related with the prison system especially the prison health-care services In their response the Georgian authorities provide information on the progress and outcome of the above-mentioned criminal investigations as well as on measures being taken to reform the Georgian prison system Those measures include steps to further reduce the prison population renovate existing prisons and build new establishments develop the programmes of activities for both sentenced and remand prisoners and improve prison staff training The response also contains information on the Strategy and Action Plan for Prison Health-care Reform for the period 2013 ndash 2014 The CPTrsquos report and the response have been published at the request of the Georgian authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee visits the Russian Federation Strasbourg 23072013 ndash A delegation of the CPT carried out an ad hoc visit to the Russian Federation from 9 to 19 July 2013 The main objective of the visit was to review the implementation of recommendations made after previous visits regarding the treatment of persons deprived of their liberty by law enforcement agencies For this purpose the delegation interviewed numerous detained persons who had recently been or were still in the custody of the police or other law enforcement agencies it also examined relevant documentation including investigation files concerning complaints about ill-treatment by staff of those agencies In the course of the visit the delegation held consultations with Alexandr GOROVOY First Deputy Minister of Internal Affairs and Maxim TRAVNIKOV Deputy Minister of Justice as well as with other senior officials of the above-mentioned Ministries at both the federal and regional level Meetings were also held with senior officials of the Federal Service for the Execution of Punishments (FSIN) and the Federal Drug Control Service (FSKN) Further in Moscow and in most of the regions visited the delegation met senior officials of the Investigative Committee of the Russian Federation The delegation visited the following places of deprivation of liberty Police establishments Republic of Bashkortostan - Temporary Detention Centre (IVS) of the City Internal Affairs Department Ufa - IVS at the Police Division No 5 Ufa - Police Divisions Nos 1 4 6 and 7 Ufa - Blagoveshchensk District Internal Affairs Department Novosibirsk Region - IVS of the City Internal Affairs Department Novosibirsk - Police Divisions Nos 2 4 and 7 Novosibirsk Omsk Region - IVS of the City Internal Affairs Department Omsk - Police Divisions Nos 2 and 9 Omsk - Division of the Ministry of Internal Affairs for Omsk City District - Special Reception Centre for Persons under Administrative Arrest Omsk
12
Sverdlovsk Region - IVS of the City Internal Affairs Department Yekaterinburg - Police Divisions Nos 1 4 5 14 and 15 Yekaterinburg Federal Drug Control Service establishments - FSKN Directorate for Omsk Region Omsk - FSKN Directorate for Sverdlovsk Region Yekaterinburg The delegation also carried out interviews of newly-arrived remand prisoners in the following establishments under the Ministry of Justicersquos Federal Service for the Execution of Punishments - Pre-trial establishment (SIZO) No 1 Novosibirsk - SIZO No 1 Omsk
- SIZO No 1 Ufa SIZO No 1 Yekaterinburg Council of Europe anti-torture Committee publishes report on Slovenia Strasbourg 19072013 - The CPT has published today the report on its JanuaryFebruary 2012 visit to Slovenia The report has been made public at the request of the Slovenian authorities together with their response In the course of the visit the Committeersquos delegation examined the treatment and conditions of detention of persons held in police facilities prisons and psychiatric establishments The CPT received only a few isolated allegations of police ill-treatment they concerned excessive use of force in the context of apprehension and threats of physical ill-treatment during police questioning The material conditions of detention in police facilities were on the whole satisfactory As regards the prison system the CPT acknowledges the efforts made by the Slovenian authorities to increase the capacity of the prison estate however overcrowding continued to be a problem in some prisons In other aspects the material conditions of detention were generally adequate The Committee gained a particularly positive impression of the two newly-opened blocks at Dob Prison Particular attention is paid in the report to the regime of activities provided to inmates In this respect the Committee expresses concern about the situation of remand prisoners at Celje and Ljubljana Prisons as well as of prisoners held under the reinforced security regime at Celje and Dob Prisons The majority of these inmates spent most of the day locked-up in their cells with little to occupy themselves In their response the Slovenian authorities assure the Committee that efforts will be made to improve the existing arrangements By way of example in the second half of 2012 the regime for remand prisoners at Ljubljana Prison was relaxed so that now the inmates concerned may spend four hours a day on weekdays out of their cells With respect to psychiatry the CPT welcomes the adoption in July 2008 of the new Mental Health Act which inter alia reinforces the legal protection of patients in psychiatricsocial care institutions At Maribor Psychiatric Department the overwhelming majority of patients interviewed by the CPTrsquos delegation indicated that hospital staff had a caring attitude towards them However the delegation received a few allegations of physical ill-treatment of patients by nursing staff shortly after having been fixated to a bed The CPT also expresses misgivings about the fact that mechanical restraint was not always applied as a measure of last resort and that patients were on occasion subjected to fixation for prolonged periods In their response the Slovenian authorities state that a clear message has been delivered to nursing staff that no ill-treatment whatsoever of patients will be tolerated and that special training is being provided in handling aggressive andor agitated patients The CPTs report and the Slovenian authoritiesrsquo response are available on the Committees website httpwwwcptcoeint Forced return flights from the UK the European anti-torture committee publishes its first report Strasbourg 18072013 - The CPT publishes today its first report on an operation of deportation of foreign nationals by air The monitoring took place in the context of an ad hoc visit to the United Kingdom from 22 to 24 October 2012 and involved the presence of a CPT delegation on a charter flight between London and Colombo (Sri Lanka) In its report the CPT concludes that ldquoeach stage of the preparation of the removal process was carefully planned and organised staff were well briefed and every effort was made for the removal to be carried out in a humane wayrdquo However the CPT makes several recommendations and comments concerning both the preparation and execution phases of such operations The main issues raised concern the use of restraint by escort staff the presence of a medical doctor (instead of a paramedic or a nurse) on
13
board removal charter flights and the need for a ldquofit to fly certificaterdquo for persons to be deported In particular the CPT recommends that efforts be made for the revised training package for overseas escorts to be accredited and implemented at the earliest opportunity In their response the UK authorities indicate that an Independent Advisory Panel on Non-Compliance Management has been recruited to assess the quality and safety of the recently revised training package developed by the National Offender Management Service As regards the presence of a medical doctor on board the authorities indicate that ldquowhere indicated by risk assessment and where appropriate a doctor will be providedrdquo On the subject of the delivery of a ldquofit to fly certificaterdquo the authorities indicate that they do not consider it necessary ldquoto positively assert in all cases that a person is fit to fly based on the reasonable assumption that this will be the case in the vast majority of instancesrdquo Other important recommendations related to the presence of interpreters throughout the whole removal process (including on board the aircraft) as well as the provision of psychological support and counselling to better prepare the persons to be deported for their removal Recommendations are also made concerning the recruitment procedure of escort staff (which should include some form of psychological assessment) as well as the measures to be taken to avoid professional exhaustion syndrome and the risks related to routine and to ensure that escort staff maintain a certain emotional distance from the operational activities in which they are involved The CPT regrets that the Sri Lankan authorities did not allow its delegation to observe the hand-over of the returned detainees to local immigration staff The Committee invites the UK authorities to expressly address the issue of the role of monitoring bodies in readmission
agreements
The CPTs visit report and the response of the United Kingdom authorities are available on the Committees website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Malta Strasbourg 04072013 ndash The CPT has published today the report on its September 2011 visit to Malta together with the Maltese authoritiesrsquo response The visit mainly focused on Corradino Correctional Facility the only prison in Malta In certain parts of the prison material conditions of detention had significantly improved since the CPTrsquos previous visit in 2008 However major shortcomings were found once again in several other areas of the establishment (in particular as regards the state of repair of cells and access to natural light) The situation was further exacerbated by the prevailing overcrowding and the lack of organised activities for many prisoners The CPT has recommended in particular that a comprehensive plan to renovate the entire prison be drawn up as soon as possible The CPT also carried out follow-up visits to Lyster and Safi Barracks the only two detention centres for foreigners which were operational at the time of the visit In its report the Committee expresses concern about the frequency and seriousness of allegations received from foreign nationals about the force used by soldiers and police officers in the context of disturbances which had occurred in August 2011 at the Safi Detention Centre it has recommended that a comprehensive inquiry by an independent body be carried out into this matter At the Lyster Detention Centre the CPT observed improvements both in terms of material conditions and activities provided to foreign nationals However the conditions under which foreign nationals were being held in the two Warehouses at Safi Barracks remained very poor Further in both detention centres the health-care services were clearly insufficient Following a brief visit to Mount Carmel Psychiatric Hospital the CPT has expressed serious misgivings about the manner in which agitated or suicidal patients had on occasion been managed It has also made a number of specific recommendations to improve living conditions in the Forensic Ward and the Ward for Irregular Migrants In their response the Maltese authorities provide information on the action taken to address the recommendations made by the Committee on the issues described above
The CPTrsquos report and the response have been published at the request of the Maltese authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee publishes the Danish Governments response to the report on the visit to Greenland (September 2012) Strasbourg 03072013 - The CPT has published today the response of the Danish Government to the report on the Committeersquos ad hoc visit to Greenland in September 2012 The response has been made public at the request of the Danish authorities In its response the Danish Government provides information on the measures taken in the light of the recommendations made by the CPTrsquo
14
The CPTrsquos report on its visit to Greenland was made public in January 2013 The response is available on the Committees website wwwcptcoeint
32 Council of Europe Commissioner on Human Rights
lsquoTurkey police violence must not go unpunished Strasbourg 872013 - ldquoAll instances of excessive use of force by the police must be fully investigated and adequately punishedrdquo said Nils Muižnieks the Council of Europe Commissioner for Human Rights at the end of a five day visit to Istanbul and Ankara during which he discussed the Gezi Park events and other human rights issues The Commissioner recalled that according to the case-law of the European Court of Human Rights the failure to effectively investigate the misconduct of security forces was a human rights violation in itself and that Turkey had been condemned on numerous occasions by the Court precisely for this reason The Commissioner had received serious allegations of human rights violations committed by law enforcement forces against demonstrators backed up by witness accounts photos videos forensic evidence as well as the number of deaths and injuries over the course of the events Most of these reports concerned excessive and improper use of tear gas and ill-treatment by police at the time of apprehension On the other hand members of the government and security forces considered that the use of force had been proportionate in view of the actions of marginal groups hijacking the demonstrations except for isolated incidents which are under investigation [hellip] The Commissioner also noted that members of certain professional groups such as doctors lawyers academics teachers media professionals expressed fear of intimidation as well as of administrative and judicial measures against them as a result of their non-violent actions during the protests The Commissioner urged the Turkish authorities to allay these fears as a matter of urgency and to ensure that any perception of reprisals is averted The Commissioner also stated that there were certain shortcomings both in the Turkish legislation concerning the right to assembly and the role of law enforcement and its application by the competent authorities ldquoThe legislation and practice puts too much emphasis on the lawfulness of demonstrations as opposed to their peacefulness contrary to the European Convention on Human Rightsrdquo stated the Commissioner adding that the overwhelming majority of demonstrators in the Gezi Park events given the total participation of 25 million had thankfully been peaceful [hellip] The Commissioner also referred to his meetings with the newly established Ombudsman Office and the Turkish Human Rights Institution stating that the latest events provided a unique opportunity for these institutions to establish their credibility in the eyes of the Turkish public He stressed that citizens with grievances should also use the Ombudsman Office for redress including for actions of the security forces during demonstrationsrsquo The Commissionerrsquos report on his visit is forthcoming Press contact in the Commissionerrsquos Office Stefano Montanari stefanomontanaricoeint
33 Summaries of selected Article 3 cases before the European Court of Human Rights June and July 2013
AGAM DNM MKH MYH AND OTHERS NANS NMB NMY AND OTHERS SA V SWEDEN (NOS 7168010 2837911 7241310 5085910 6841110 6833510 7268610 6652310)
httphudocechrcoeintsitesengPagessearchaspxfulltext[AGAMDNMMKHMYH20AND20OTHERS]documentcollectionid2[GRANDCHAMBERCHAMBER]itemid[001-121571] 27 June 2013 ndash No violation of Article 2 and or Article 3 ndash No evidence to confirm that the
applicants would be exposed to a real risk of inhuman or degrading treatment or of becoming victims of honour-related crimes in the event of extradition in southern of central Iraq (for the applicants in the cases DNM and SA) or in Kurdistan (for the applicants in the other six cases)
15
All eight cases concerned the deportation of failed asylum-seekers originally from Baghdad Mosul and Kirkuk to Iraq The applicants in the cases DNM and SA alleged that if they were to be removed to Iraq they would be at risk of becoming victims of honour-related crimes due to their relations with women whom were disproved by their families while the other six applicants alleged that they would be at risk of persecution if deported to Iraq due to being Christian a religious minority in the country The Court noted that each of the applicantsrsquo claims had been examined and rejected by the Migration Board and the Migration Court particularly because the incidents of which the applicants were victim were mostly related to general security in Iraq at the time and that the applicants were not in need of asylum in Sweden since a number of years had since passed and the level of violence had thus declined The Court took into consideration the current national and international reports available and the gradual improvement that had been made Despite the applicantsrsquo personal circumstances (cases DNM and SA) and that their belonging to a vulnerable minority (the other six cases) would risk their lives and or facilitate inhuman or degrading treatment if removed the Court held that all ten applicants could relocate to other regions in Iraq such as Kurdistan in the north (concerning the six other cases) or to southern and central Iraq (cases DNM and SA) Therefore there would be no violation of Articles 2 and 3 of the Convention if the applicants were removed in southern or central Iraq or in Kurdistan
Horshill v Greece (application no7042711) httphudocechrcoeintsitesengPagessearchaspxfulltext[Horshill]languageisocode[FRA]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122973]
Detention of an asylum seeker in Greek police stations found to be degrading treatment incompatible with Article 3 of the Convention
In the Chamber judgment in the case of Horshill v Greece (application no7042711) the European Court of Human Rights held unanimously that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights The case concerned the placement in detention of Ismail Alfateh Horshill and the conditions in which he was detained The applicant a foreign national who was due to be deported was held successively for fifteen days in two police stations after having applied for asylum Pursuant to a decree transposing a directive from the Council of the European Union into national law Ismail Alfateh Horshill who had no travel documents was placed in detention by the Greek authorities Noting that the applicant had been released from detention after a short period of two weeks the Court considered that his detention had not been arbitrary and that it could not be concluded that it had not been ldquolawfulrdquo within the meaning of Article 5 sect 1 (f) of the Convention
Vinter and Others v United Kingdom - 6606909 13010 and 389610 Judgment 972013 [Grand Chamber]
httphudocechrcoeintsitesengPagessearchaspxfulltext[vinter]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122664] Article 3 The Grand Chamber agreed with and endorsed the Chamberrsquos finding that a grossly disproportionate sentence would violate Article 3 of the Convention although that test would be met only on rare and unique occasions In the instant case the applicants had not sought to argue that their whole life orders were grossly disproportionate instead they submitted that the absence of an in-built procedural requirement for a review constituted ill-treatment not only as the Chamber had found when there ceased to be legitimate penological grounds to justify continued detention but from the moment the order was made The Court reiterated that Contracting States must be allowed a margin of appreciation in deciding on the appropriate length of prison sentences for particular crimes and must remain free to impose life sentences on adult offenders for especially serious crimes However the imposition of an irreducible life sentence on an adult could raise an issue under Article 3 In determining whether a life sentence in a given case could be regarded as irreducible the Court would seek to ascertain whether the prisoner could be said to have any prospect of release Where national law afforded the possibility of review of a life sentence with a view to its
16
commutation remission termination or the conditional release of the prisoner that would be sufficient to satisfy Article 3 There were a number of reasons why for a life sentence to remain compatible with Article 3 there had to be both a prospect of release and a possibility of review Firstly it was axiomatic that a prisoner could not be detained unless there were legitimate penological grounds for that detention The balance between the justifications for detention was not necessarily static and could shift in the course of the sentence It was only by carrying out a review at an appropriate point in the sentence that these factors or shifts could be properly evaluated Secondly incarceration without any prospect of release or review carried the risk that the prisoner would never be able to atone for his offence whatever he did in prison and however exceptional his progress towards rehabilitation Thirdly it would be incompatible with human dignity for the State forcefully to deprive a person of his freedom without at least providing him with the chance to someday regain that freedom Moreover there was now clear support in European and international law for the principle that all prisoners including those serving life sentences should be offered the possibility of rehabilitation and the prospect of release if rehabilitation was achieved Accordingly Article 3 had to be interpreted as requiring reducibility of life sentences in the sense of a review allowing the domestic authorities to consider whether any changes in the life prisoner are so significant and such progress towards rehabilitation has been made in the course of the sentence as to mean that continued detention can no longer be justified on legitimate penological grounds While it was not the Courtrsquos task to prescribe the form (executive or judicial) which that review should take or to determine when it should take place the comparative and international law materials before it showed clear support for the institution of a dedicated mechanism guaranteeing a review no later than twenty-five years after the imposition of a life sentence with further periodic reviews thereafter A whole life sentence would not measure up to the standards of Article 3 where the domestic law did not provide for the possibility of such a review Lastly although the requisite review was a prospective event necessarily subsequent to the passing of the sentence a whole life prisoner should not be obliged to wait and serve an indeterminate number of years of his sentence before he could raise the complaint that the legal conditions attaching to his sentence failed to comply with the requirements of Article 3 Whole life prisoners were entitled to know at the outset of their sentence what they must do to be considered for release and under what conditions including when a review of their sentence will take place or may be sought Consequently where domestic law did not provide any mechanism or possibility for review of a whole life sentence the incompatibility with Article 3 on this ground already arose when the whole life sentence was imposed and not at a later stage of incarceration The Government had argued before the Court that the aim of the 2003 Act was to remove the executive from the decision-making process concerning life sentences and this was the reason for abolishing the 25-year review by the Home Secretary which had existed beforehand However the Court considered that it would have been more consistent with the legislative aim to provide that the 25-year review would be conducted within a judicial frame- work rather than completely eliminated The Court also found that the current law concerning the prospect of release of life prisoners in England and Wales was unclear Although section 30 of the 1997 Act gave the Justice Secretary the power to release any prisoner including one serving a whole life order the relevant Prison Service Order provided that release would only be ordered if a prisoner was terminally ill or physically incapacitated These were highly restrictive conditions and in the Courtrsquos view compassionate release of this kind would not be what was meant by a ldquoprospect of releaserdquo in Kafkaris In light therefore of this contrast between the broad wording of section 30 and the exhaustive conditions announced in the Prison Service Order as well as the absence of any dedicated review mechanism for whole life orders the Court was not persuaded that at the present time the applicantsrsquo life sentences could be regarded as reducible for the purposes of Article 3 The requirements of that provision had not therefore been met in relation to any of the three applicants The Court emphasised however that the finding of a violation in the applicantsrsquo cases should not be understood as giving them any prospect of imminent release Whether or not they should be released would depend for example on whether there were still legitimate penological grounds for their continued detention and whether they should continue to be detained on grounds of dangerous- ness These questions were not in issue in this case and were not the subject of argument before the Court Conclusion violation (sixteen votes to one) Article 41 Finding of a violation constituted sufficient just satisfaction for any non-pecuniary damage sustained by the first applicant No claim made by the other applicants
17
4 European Union and associated bodies
41 European Union Agency for Fundamental Rights (FRA)
June 2013 the European Court of Human Rights (ECtHR) and the European Union Agency for Fundamental Rights (FRA) published a joint Handbook on European law relating to asylum borders and immigration on 11 June lsquoIt examines the relevant law in the field of asylum borders and immigration stemming from both European systems the European Union and the Council of Europe It provides an accessible guide to the various European standards relevant to asylum borders and immigration The handbook is the second joint publication of this kind following a first handbook on non-discrimination issued in 2011 It is based on the case law of the European Court of Human Rights and the European Court of Justice as well as on the relevant EU regulations and directives It is also a first point of reference on the European Social Charter (ESC) and other instruments of the Council of Europe It is designed to assist legal practitioners at national and European level including lawyers judges prosecutors border guards immigration officials and others working with national authorities as well as non-governmental organisations and other bodies that may be confronted with legal questions in any of the areas the handbook sets out to coverrsquo The handbook is available at httpfraeuropaeusitesdefaultfileshandbook-law-asylum-migration-borders_enpdf
5 News from NGOs amp general updates
51 The Association for the Prevention of Torture Geneva (APT)
lsquoRights within the EU What role for European Institutions Monday September 16 2013 ldquoThe Treaties of the European Union state that the EU is founded on the value of respect for human rightsrdquo However much remains to be done for EU institutions to properly address gross human rights violations within the EU particularly the Council of the European Union This is the message that members of the Human Rights and Democracy Network which the APT is part of have sent to the representatives of all key EU institutions The letter singles out the EU Council Working Party on Fundamental Rights and Free Movement of Persons (FREMP) which has ldquobeen largely confined to negotiating the EU accession to the European Convention on Human Rightsrdquo rather than seeking to address serious human rights abuses within the European Union The letter concludes with a set of practical and constructive recommendations to the main EU institutions including the Council Commission Parliament and the Fundamental Rights Agency including strengthening the mandate of the latter The APT supports these recommendations and calls on remaining EU states that have not yet done so to ratify the Optional Protocol to the UN Convention against Torture (OPCAT) Presently 7 members of the EU (Belgium Finland Greece Ireland Latvia Lithuania and Slovakia) are not party to this innovative treaty The APT also calls on EU states that have established or designated National Preventive Mechanisms under the OPCAT to provide them with the necessary independence and resources as well as engaging in a constructive dialogue with these institutions to meaningfully reduce the risk of abuse on persons deprived of their libertyrsquo See more at httpwwwaptchennews_on_preventionrights-within-the-eu-what-role-for-european-institutionsUjnGb-DZn4Y lsquoExcessive use of pre-trial detention in the EU Tuesday September 10 2013 The APT today co-signed a letter sent to European Commission Vice-President Viviane Reding urging the Commission to take steps aimed at reducing the excessive periods of time people spend in pre-trial detention and to increase the use of alternatives
18
Across the European Union both the use and material conditions of pre-trial detention vary considerably and can have a very detrimental impact on persons deprived of their liberty Among other issues the letter calls on the Commission to take concrete steps to establish minimum and enforceable EU standards on pre-trial detention The letter is co-signed by 22 NGOs and has been copied to various relevant European Commission actorsrsquo lsquoInstitutional culture in detention a framework for preventive monitoring This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts It is the second in a series of thematic papers on aspects of detention monitoring which have so far been under-researched and received little attention They are the result of a joint project between the APT and Penal Reform International (PRI) with financial assistance of the UK Government and the European Unionrsquo See further details at httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17 Read more on the APT website at httpwwwaptch
52 Penal Reform International (PRI)
- Institutional culture in detention a framework for preventive monitoring
This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other forms of ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts This resource from PRI and the Association for the Prevention of Torture (APT) is designed to - raise awareness among monitoring bodies of the role of culture in places of detention in the prevention of torture and ill-treatment - provide a framework for understanding culture in places of detention - outline some common cultural attitudes that can represent risk factors for torture and ill-treatment - provide some examples of processes and factors that contribute to positive culture change in places of detention httpwwwpenalreformorgresourceinstitutional-culture-detention-framework-preventive-monitoring-3
- PRI briefing on complaints mechanisms in its Justice for Children series
Part of PRIs series of Justice for Children Briefings this resource explains a childs right to complain about his or her care treatment and conditions while deprived of their liberty Upholding the right to complain is very important for giving a voice to children in detention and for ensuring that their other human rights are protected The briefing looks at the basis of this right in international and regional treaties and standards and challenges to children in fulfilling this right It identifies key elements for creating an effective complaints mechanism and provides recommendations to ensure children can achieve their right to make complaints httpwwwpenalreformorgresourcechildren-deprived-liberty-complaints
- The Guide on gender-sensitive monitoring
The Guide is now also available in Spanish
httpwwwpenalreformorgresourcewomen-detention-guide-gendersensitive-monitoring
19
6 Immigration detention and monitoring updates
61 Council of Europe Immigration Issues
611 Migration Co-ordination Division update on work in the field of asylum and immigration
Recent editions of the Migration Co-ordination Newsletter were published in July and August 2013 The Newsletter provides a glance at some of the relevant Council of Europe activities on migration asylum and integration It will be published monthly and sent electronically to interested parties As we all know migration constitutes an ever-growing concern within the field of human rights and different aspects of migration profoundly affect social well-being In the foreseeable future these issues will only grow in importance and relevance across Europe Here the Council of Europe has a lot to offer The Migration Co-ordination Division hopes that this newsletter can give readers an insight into some of the debates and migration related activities as they unfolded at the Council in the months of June July and August The Newsletters are available at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp You can subscribe to future newsletters by sending an email to migration-newslettercoeint and you can search the archives for previous newsletters at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp Ukraine Efforts to improve policies and practices of detention of foreigners Strasbourg 4 July 2013 The Ukrainian authorities are engaged in serious efforts to bring their national policy and practice with regard to the detention of migrants and asylum-seekers in line with the Council of Europe standards A recent legislative initiative to amend several legal acts governing the status and the judicial protection of foreigners and stateless persons (draft law No 2743) emphasises the commitment of the Ukrainian government to ensure a judicial review of decisions depriving foreigners of their right to liberty The Council of Europe Migration Co-ordinator Christos Giakoumopoulos said the amendments which are currently examined by the Ukrainian parliament (Verhovna Rada) are an important step in ensuring compliance with Council of Europe norms as they are clearly inspired by the recommendations of the Committee of Ministers of the Council of Europe Moreover he said these amendments constitute a positive development in the process of the implementation of several judgements of the European Court of Human Rights such as for example the Soldatenko v Ukraine group of cases and the case of Nowak v Ukraine in which Ukraine was found in breach of the European Convention of Human Rights on account of unlawful detentions and lack of judicial control
62 Council of Europe Parliamentary Assembly (PACE) Migration Committee
Assistance to Syrian refugees after Lebanon PACE rapporteur continues visit to Turkey lsquoStrasbourg 21082013 ndash Jean-Marie Bockel (France EPPCD) who is preparing a report for the Parliamentary Assembly of the Council of Europe (PACE) on international assistance for Syrian refugees in Jordan Turkey Lebanon and Iraq today begins a fact-finding visit to Turkey (21 to 22 August 2013) following on from a visit to Lebanon (19-20 August) In Hatay (21-22 August) Mr Bockel will meet the Governor of Hatay and Turkish government officials ndash including from the Disaster and Emergency Management Presidency in the Prime Ministersrsquo Office ndash as well as representatives of the Red Crescent in Turkey He will also visit a local centre where refugees are accommodated and will speak to local residents about the impact of the refugee influx on the local community In Lebanon Mr Bockel met Syrian refugees in Alaawi (South Lebanon) and Ketermaya (Mount Lebanon) and discussed their situation with representatives of the UN High Commissioner for
20
Refugees and other NGOs working in the field During these exchanges of view he drew the authoritiesrsquo attention in particular to the situation of women and children Mr Bockelrsquos report is a follow-up to a current affairs debate held by the Assembly on this topic in April 2013rsquo For more details see httpassemblycoeintASPNewsManagerEMB_NewsManagerViewaspID=8977ampL=2
7 NPM discussion topic No 1 ldquothe monitoring of sobering-up detentionrdquo
71 Introduction
The thematic section for this Newsletter is on the experiences of NPMs regarding sobering-up detention The Polish NPM is currently preparing a thematic report and a conference regarding sobering-up stations and is looking for comparative experiences of monitoring such places from other CoE region NPMs In Poland these are institutions where drunk individuals are detained until they get sober for no longer than 24 hours In these places there is a non-stop medical service given to those people Those individuals are escorted there by the police because of their behaviour in public or at home The Polish NPM questions to the European NPM Network are
- how in your countries is the problem of care given to drunk people is solved - Where are drunk individuals placed (detained) if they are stopped by the Police - Can they leave those places anytime or they have to stay there till they are sober - What kind of care is given to them
The overview of responses to these questions form the European NPM Network members is below
72 Overview of responses from the European NPMs
- Response from the NPM of Luxembourg lsquoIn Luxemburg we have a very similar law regarding public drunkenness Following article 28 of the modified law from June 29th 1989 people that in a state of drunkenness cause public disorder or are likely to be harmful for themselves or others can be arrested by the police without intervention of a judge or an attorney for no longer than 24 hours Once arrested this people benefit from the full range of rights guaranteed to any other arrested person for criminal reasons (right to immediate assistance of a lawyer or consular assistance for foreigners right to call a family member inventory of their belongings fresh water supply etchellip) As for any other detainee the privation of liberty can only take place after a medical visit that generally takes place at the police station The surgeon in charge has to establish a written document stating that the concerned person does not present any corporal AND mental diseases making detention inappropriate or potentially harmful During the detention time those persons are under close survey (continuously by video and physically every hour at least all those verifications have to be noted down in real time indicating the time of control and the name of the controlling officer in a registry that is accessible at any time to the NPM and to the Inspectorate general of the Police) The Luxemburgish NPM already conducted several visits to police stations especially during the weekend nights Generally there was no noticeable problem The average time of privation of liberty cannot exceed 24 hours practically the detention time is very rarely superior to 6 hours In general people picked up during the night are released in the early morning hours The maximum time encountered by the Luxemburgish NPM was 165 hours immediately followed by a detention time of 825 hours There is no continuous medical survey in Luxemburg in case of a medical urgency people are immediately transferred to the next hospital which practically never happened until today as people with severe intoxications are detected by the medical visit prior to detention and are immediately transferred to a hospital
21
People arrested in Luxemburg on the legal basis above cannot leave the police station by their own decision liberation is depending upon the decision of the commanding police officer of the concerned station We also have another legal basis article 37 of the modified Police-law from May 31st 1999 entitling the police to arrest under the same conditions and restrictions as above anybody who by his ldquofoolishrdquo (insenseacute en french) behavior in public is likely to be harmful for himself or for others even without consumption of alcohol or drug abusersquo
- Response from the NPM of Slovenia
lsquoIn Republic of Slovenia there are no lsquosobering-up stationsrsquo per se However the police may order and carry out detention of a person under the influence of alcohol in certain cases for example as defined in the Minor Offences Act according to which (also) police officers may order detention when the perpetrator is caught committing minor offence under the influence of alcohol or other psychoactive substances and there is danger that (s)he will continue to commit minor offences such detention (which is not the only possible one involving the police) takes place in detention rooms at police stations and can last until the perpetrator becomes sober or capable to control behavior - but no longer than 12 hours Regarding lsquocare given to drunk peoplersquo in police detention ndash first of all police officers are bound to make sure that detained person gets medical aid if needed (injuries signs of alcohol poisoninghellip) or if the person demands so - this can be provided by medical personnel coming to place of detention itself or by taking the person to proper institution Police officer carrying out the detention is actually bound to take care of safety in general of the detained person for the duration of detention at least regular physical supervision is necessary but most often technical (audio and video) is provided too Drinkable water must be provided at all times and generally also one cold meal If the person is brought in wearing wet or in any other way unsuitable clothing (given the season weather conditionshellip) police officer must provide the person with proper clothes or footwear for the duration of the detention Certain standards are prescribed for the detention rooms themselves also ndash in cases of detention of up to 12 hours the floor shall not be slippery air temperature shall not be under 18 degrees Celsius in any case the room shall be equipped with toilet facilities unbreakable wash-hand basin and fixed bed with impermeable inflammable and untearable pillow and two blankets All circumstances regarding the detention (condition of the person carried out physical supervisions provided clothing food etc) are to be also carefully documentedrsquo
- Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo
lsquoIn our Law of Police is regulated this question The police officer may detain a person under the influence of alcohol or other psychoactive substances under terms and conditions determined by special law and the detention can last up to 8 hours With this article is limited time of detention because for criminal acts detention in police station is maximum 24 hours ( 12 hours for juveniles) Person under the influence of alcohol has the same rights like other detainees We dont have special places for detention of intoxicated people and police use regular detention places in the police stations Pursuant to the Rulebook on the Manner of Performance of Police duties and the Standard Operating Procedures for Detention and Treatment of Detainees the head of shift (police officer for admission) is responsible for admission of persons giving advice on realization of hisher rights including continuous monitoring during the detention for the purpose of ensuring the detained personsrsquo safety in the police station So people who are detained in Police station have right for food and water right to an attorney and informing the family right to medical assistance The shift manager is obligated to assess the health status of detained persons upon admission and record the same in the detention report The shift manager records any visible injuries visible signs of illness influence of alcohol or psychotropic substances thereby assessing whether medical attention is required In case of serious injuries or if the detainee complains for pain or injuries the right to medical assistance is of priority and it is undertaken before any other activity For most of the police stations it was concluded that in cases when there is higher blood alcohol content among the detainees a doctor was not called by the shift manager and in that line the NPM gave a recommendation that a doctor should be called no matter whether the person asks for medical assistance This should be made in order to act in line with the temporary protection of the health of the person deprived of liberty
22
In our report for 2012 we have thematic part about People detained in police stations ndash alcohol abusers Here is our opinion The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed In four of the folders for detainees in PS ____ it was assessed that the people were drunk in the limits of 1 50 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officers Regarding your questions in my country we dont have special places for drunk people and they are placed in police station in period of 8 hours without possibility to leave before they sober up and permission by head of shift If they have visible injuries or ask for medical help its called doctor but we suggested hat the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of libertyrsquo
- Response from the NPM of Georgia
lsquoSince the Soviet period Georgia had no special institution for drunken individuals According to the Georgian legislation being under the influence of alcohol per se doesnrsquot constitute an infraction Although last year in one region Akhalkalaki the Georgian NPM revealed a vicious practice ndash drunken individuals were detained by the police and held in a police station without being registered in any special registry until next morning The fact has been mentioned in the Public Defenderrsquos Report for 2012 and the abolition of this kind of practice has been recommended to the Minister of Internal Affairs In general if a detained person has any kind of medical concern an officer in charge calls the emergency service the detainee could even be transferred to hospital for example in case of acute alcoholic intoxicationrsquo
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo
81 Introduction
The Luxembourg NPM contacted the European NPM Network regarding vulnerable groups in prison as it is about to prepare a mission on its national prisons specially focused on the respect of the rights and the treatment of particularly vulnerable categories of prisoners and wanted to draw upon other comparative NPM experiences The NPM was in particular focused on the following categories vulnerable groups middot lsquoPrisoners living in detention without interruption for more than 10 years middot Prisoners recently condemned to a sentence of 15 years minimum middot Prisoners recently condemned to a very short sentence (9 months maximum) middot Older prisoners minimum age of 55 years
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
8
Guidelines for the Development of Criminal Policy until 2018 adopted by Parliament provided for expedited pre-trial procedures in criminal matters regarding minors Further amendments of the Code of Misdemeanour Procedure would be implemented in order to increase its expedition and efficiency lessen bureaucracy and enhance the fundamental rights of persons The revision of the Penal Code was currently being undertaken and a section on domestic violence was added in the draft Trafficking in human beings had been criminalized in April 2012 and its definition was fully aligned to the United Nations Palermo Protocol Committee Experts commended Estonia for the measures it had taken to reduce the length of criminal proceedings and address prison overcrowding domestic violence and trafficking in persons They inquired about the amendment of the Penal Code and the progress in aligning the definition of torture with the Convention against Torture the ratification of the Optional Protocol and establishment of the national preventive mechanism and about the investigation of past crimes of torture and ill treatment and holding perpetrators accountable Other issues included detainee complaints received by the Chancellor of Justice and how those and complaints about poor conditions in punishment cells in prisons and in the immigrants expulsion centres were addressed treatment of asylum seekers penalties meted out to those convicted of human trafficking and help provided to their victims Responding to the questions and comments raised by the Committee members yesterday 22 May and today the delegation said that the ongoing revision of the Penal Code would bring the definition of torture in line with article 1 of the Convention against Torture this draft law together with the revised Code of Misdemeanour Procedures aimed at making the procedure more clear and the new Child Protection Act criminalizing all forms of corporal punishment against children would be presented to Parliament by the end of the year Screening procedures for asylum applicants were conducted under the international protection procedure regulated by the Act on Granting International Protection to Aliens the requirements for the determination of refugee status set in the legislation met those of the 1951 Convention relating to the Status of Refugees and the Dublin regulations Estonia still did not have an accredited national human rights institution but those functions were performed by the Chancellor of Justice The delegation of Estonia consisted of representatives from the Ministry of Justice Ministry of the Interior and the Permanent Mission of Estonia to the United Nations Office at Geneva The next public meeting of the Committee will be at 10 am on Friday 31 May when it will adopt its concluding observations and recommendations on the country reports considered during the session and then conclude the sessionrsquo The fifth periodic report of Estonia can be read via the following link httpwww2ohchrorgenglishbodiescatdocsCATCEST5_epdf For more information please see httpwwwohchrorgenNewsEventsPagesDisplayNewsaspxNewsID=13349ampLangID=E
2222 Japan
lsquoThe Committee against Torture today concluded its consideration of the second periodic report of Japan on how it implements the provisions of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Introducing the report Hideaki Ueda Ambassador in charge of Human Rights and Humanitarian Affairs at the Ministry of Foreign Affairs of Japan said that Japan had taken steps and measures to ensure appropriate interrogation and examination procedures both by prosecutors and police officers In 2009 it established an expert committee to ensure transparency of the treatment and improve management at immigration detention facilities Japan became a State party to the Rome Statute in 2007 which was a clear demonstration of its resolve to end impunity for the perpetrators of the most serious crimes of concern to the international community including torture In December 2009 the Action Plan to Combat Trafficking in Persons had been adopted which promoted coordinated measures of prevention elimination and protection by relevant ministries and agencies Committee Experts were concerned about the terminology in the Japanese legislation regarding torture and wondered whether it covered the whole range of acts of torture and cruel inhuman or degrading treatment or punishment Experts noted that Japan had increased the capacity of prisons and wished to hear more about steps to address overcrowding and living conditions in places of
9
detention particularly in womenrsquos prisons Inmates on death row spent a long time waiting for the execution which would then often be carried out without much prior warning Committee Experts also spoke about solitary confinement in prisons spousal violence and violence against women incidence of trafficking in human beings and data on investigations and prosecutions the complaints system for women victims of violence and steps to deal with impunity for crimes committed during World War II prosecute those responsible and provide compensation to victims Responding to questions and comments raised by the Committee members yesterday 21 May and today the delegation said that there was an absolute constitutional prohibition of infliction of torture and cruel punishment by public officials and confessions extracted under compulsion torture or a prolonged period of detention were not admissible in courts In April 2008 the Public Prosecutionrsquos office had announced a policy to ensure appropriate interrogation including the right of a suspect to a counsel all those who could not afford one and were charged with serious crimes were provided with a counsel paid for by the State The notification of the execution of capital punishment was done shortly before the execution itself to avoid inflicting mental pain and families were informed immediately upon the execution The number of detainees in prisons was on the decline which contributed to reducing overcrowding and Japan would continue to undertake measures to further reduce it and improve living conditions in prison facilitiesrsquo The second periodic report of Japan can be read via the following link httpwww2ohchrorgenglishbodiescatdocsCATCJPN2_enpdf
23 UN Special Rapporteur against torture
lsquoThe United Nations Special Rapporteur against torture and other cruel inhuman and degrading treatment or punishment Juan E Meacutendez has recently published his latest thematic report on the revision of the Standard Minimum Rules for the Treatment of Prisoners (SMRs) The report will be presented during the 68th session of the United Nations General Assembly on 22 October 2013 and represents a significant contribution to the ongoing review process of the SMRs coordinated by the UN Office of Drug Control and Crime Prevention (UNODC) with the active participation of many States and civil society organizations For the preparation of the report the Special Rapporteur held an expert meeting in Oxford UK on 10 July 2013 on ldquothe review of the UN Standard Minimum Rules for the Treatment of Prisonersrdquo co-organized by the OHCHR the American University Washington College of Lawrsquos Center for Human Rights and Humanitarian Lawrsquos Anti-Torture Initiative and the Institute of Human Rights for Future Generations University of Oxford The review process is intended to reflect critical developments in international human rights law since the 1957 adoption of the SMRs and to enhance the ability of the SMRs to serve as a useful tool for States and civil society to protect and uphold the rights of persons deprived of their liberty In contributing to this process the report reflects on several areas targeted for reviews and analyzes their interplay with the international prohibition of torture and ill-treatment through the identification of the procedural standards and safeguards that States are obliged to implement to all situations of deprivation of liberty In this sense the report highlights the importance of including an explicit condemnation of torture and ill-treatment in accordance with Art 4 of the Convention against Torture and of considering the principle of humane treatment and respect for inherent dignity as the starting point for any consideration regarding policy making related to persons deprived of liberty In this regard the report sets specific standards regarding pre-trial detention access to counsel and appropriate medical assistance the limits on the use of solitary confinement and the safeguards States must implement during disciplinary procedures and punishments In particular the report highlights the importance of establishing independent complaint and oversight mechanisms such as National Preventive Mechanisms in accordance with the Optional Protocol to the Convention against Torture as a necessary tool to combat and prevent impunityrsquo
24 UN Jurisprudence
Latest Jurisprudence of UN Treaty Bodies is now available The cases law adopted at the last session of the HRC CERD CEDAW and CRPD are available on-line in the six UN official languages In order to ease access to the jurisprudence on individual cases additional information is now available such as the articles invoked the subject matter the procedural issues and the outcome bull Latest jurisprudence adopted by the treaty bodies
10
Human Rights Committee httpwww2ohchrorgenglishbodieshrcHRCommitteeCaseLawhtm Committee on the Elimination of Racial Discrimination httpwww2ohchrorgenglishbodiescerdjurisprudencehtm Committee on the Elimination of Discrimination against Women httpwww2ohchrorgenglishlawjurisprudencehtm Committee on the Rights of Persons with Disabilities httpwwwohchrorgENHRBodiesCRPDPagesJurisprudenceaspx Committee against Torture (soon in the new format) httpwww2ohchrorgenglishbodiescatjurisprudencehtm
3 Council of Europe
31 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
lsquoCouncil of Europe anti-torture Committee publishes report on Latvia Strasbourg 27082013 ndash The CPT has published today the report on its visit to Latvia carried out in September 2011 The report has been made public at the request of the Latvian authorities together with their responses In the course of the 2011 visit the CPTrsquos delegation received a number of allegations from detained persons of physical ill-treatment by the police (consisting mainly of punches kicks and inappropriate use of truncheons) at the time of apprehension and during questioning Some of these allegations were corroborated by the delegationrsquos own medical observations and other medical evidence The CPT concludes in the report that persons in police custody continue to face a certain degree of risk of being subjected to ill-treatment and calls on the Latvian authorities to exercise constant vigilance in this area As regards conditions of detention in police establishments the Committee emphasises that the conditions in some of the detention facilities visited were so poor that they could be considered as amounting to inhuman and degrading treatment In their response the Latvian authorities refer to training and education programmes offered to police officers on various subjects including the prohibition of torture and inhuman or degrading treatment interrogation techniques and the use of physical force special means and weapons Information is also provided on measures taken to improve material conditions in several police detention facilities As regards the situation in prisons the vast majority of prisoners interviewed made no allegations of physical ill-treatment by staff nevertheless some allegations were received in particular at Jelgava Prison It transpired that inter-prisoner violence was a problem in all the establishments visited in the Committeersquos view certain factors contributed to this phenomenon including large-capacity accommodation units cramped conditions in multi-occupancy cells (and consequential stress among prisoners) limited possibilities for most prisoners to occupy themselves and insufficient staffing levels As for the provision of health care to prisoners a number of major shortcomings (eg insufficient health-care staff severe shortage of medication problematic access to specialist care etc) were observed with many inmates being denied effective health care Particular attention is paid in the report to the situation of life-sentenced prisoners The CPT commends the steps taken by the Latvian authorities to improve material conditions of detention for this category of inmates and to develop a regime of activities for life-sentenced prisoners on the medium and high regime levels However the regime applied to life-sentenced prisoners on the low regime level (about 65 percent of all such prisoners) remains very impoverished the vast majority of them being confined to their cells for up to 23 hours per day Further the Committee stresses once again that it can see no justification for the systematic handcuffing of almost all life-sentenced prisoners whenever they were escorted inside the prison it calls upon the Latvian authorities to carry out a proper individual risk assessment in respect of these prisoners with a view to adjusting the security measures applied to them accordingly In their response the Latvian authorities provide information on the measures they have taken or intend to take in order to address the recommendations made by the CPT on the issues described above The report also examines the treatment and living conditions of patients at a psychiatric clinic and of residents at a social care home as well as the legal safeguards in the context of admission procedures The CPTrsquos visit report and the responses of the Latvian authorities are available on the Committees website wwwcptcoeint
11
Council of Europe anti-torture Committee publishes the Dutch Governments response to the report on the 2011 visit Strasbourg - 21082013 - The CPT has published today the response of the Dutch Government to the report on the CPTs most recent visit to the Netherlands in October 2011 The response has already been made public by the Dutch authorities The CPTs report on the 2011 visit to the Netherlands was published in August 2012 The response is available on the Committeersquos website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Georgia Strasbourg 31072013 ndash The CPT has published today the report on its November 2012 ad hoc visit to Georgia together with the Georgian authoritiesrsquo response High-level talks held during the CPTrsquos visit mainly focused on the effectiveness of criminal investigations launched following the publication on 18 September 2012 of video material containing scenes of apparent serious ill-treatment of prisoners by staff in certain penitentiary establishments The legislative administrative and other steps being taken (and planned) by the Georgian authorities in respect of the countryrsquos prison system were also discussed In its report the CPT welcomes the wide-scale prison amnesty while stressing that the problems of prison overcrowding and prison population inflation cannot be addressed in a comprehensive and lasting way through the use of such exceptional measures a strategy for the sustainable reduction of the prison population should include a variety of steps to ensure that imprisonment really is the measure of last resort The CPT has also made several recommendations concerning the two prisons visited by the delegation (in Gldani and Kutaisi) and on other issues related with the prison system especially the prison health-care services In their response the Georgian authorities provide information on the progress and outcome of the above-mentioned criminal investigations as well as on measures being taken to reform the Georgian prison system Those measures include steps to further reduce the prison population renovate existing prisons and build new establishments develop the programmes of activities for both sentenced and remand prisoners and improve prison staff training The response also contains information on the Strategy and Action Plan for Prison Health-care Reform for the period 2013 ndash 2014 The CPTrsquos report and the response have been published at the request of the Georgian authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee visits the Russian Federation Strasbourg 23072013 ndash A delegation of the CPT carried out an ad hoc visit to the Russian Federation from 9 to 19 July 2013 The main objective of the visit was to review the implementation of recommendations made after previous visits regarding the treatment of persons deprived of their liberty by law enforcement agencies For this purpose the delegation interviewed numerous detained persons who had recently been or were still in the custody of the police or other law enforcement agencies it also examined relevant documentation including investigation files concerning complaints about ill-treatment by staff of those agencies In the course of the visit the delegation held consultations with Alexandr GOROVOY First Deputy Minister of Internal Affairs and Maxim TRAVNIKOV Deputy Minister of Justice as well as with other senior officials of the above-mentioned Ministries at both the federal and regional level Meetings were also held with senior officials of the Federal Service for the Execution of Punishments (FSIN) and the Federal Drug Control Service (FSKN) Further in Moscow and in most of the regions visited the delegation met senior officials of the Investigative Committee of the Russian Federation The delegation visited the following places of deprivation of liberty Police establishments Republic of Bashkortostan - Temporary Detention Centre (IVS) of the City Internal Affairs Department Ufa - IVS at the Police Division No 5 Ufa - Police Divisions Nos 1 4 6 and 7 Ufa - Blagoveshchensk District Internal Affairs Department Novosibirsk Region - IVS of the City Internal Affairs Department Novosibirsk - Police Divisions Nos 2 4 and 7 Novosibirsk Omsk Region - IVS of the City Internal Affairs Department Omsk - Police Divisions Nos 2 and 9 Omsk - Division of the Ministry of Internal Affairs for Omsk City District - Special Reception Centre for Persons under Administrative Arrest Omsk
12
Sverdlovsk Region - IVS of the City Internal Affairs Department Yekaterinburg - Police Divisions Nos 1 4 5 14 and 15 Yekaterinburg Federal Drug Control Service establishments - FSKN Directorate for Omsk Region Omsk - FSKN Directorate for Sverdlovsk Region Yekaterinburg The delegation also carried out interviews of newly-arrived remand prisoners in the following establishments under the Ministry of Justicersquos Federal Service for the Execution of Punishments - Pre-trial establishment (SIZO) No 1 Novosibirsk - SIZO No 1 Omsk
- SIZO No 1 Ufa SIZO No 1 Yekaterinburg Council of Europe anti-torture Committee publishes report on Slovenia Strasbourg 19072013 - The CPT has published today the report on its JanuaryFebruary 2012 visit to Slovenia The report has been made public at the request of the Slovenian authorities together with their response In the course of the visit the Committeersquos delegation examined the treatment and conditions of detention of persons held in police facilities prisons and psychiatric establishments The CPT received only a few isolated allegations of police ill-treatment they concerned excessive use of force in the context of apprehension and threats of physical ill-treatment during police questioning The material conditions of detention in police facilities were on the whole satisfactory As regards the prison system the CPT acknowledges the efforts made by the Slovenian authorities to increase the capacity of the prison estate however overcrowding continued to be a problem in some prisons In other aspects the material conditions of detention were generally adequate The Committee gained a particularly positive impression of the two newly-opened blocks at Dob Prison Particular attention is paid in the report to the regime of activities provided to inmates In this respect the Committee expresses concern about the situation of remand prisoners at Celje and Ljubljana Prisons as well as of prisoners held under the reinforced security regime at Celje and Dob Prisons The majority of these inmates spent most of the day locked-up in their cells with little to occupy themselves In their response the Slovenian authorities assure the Committee that efforts will be made to improve the existing arrangements By way of example in the second half of 2012 the regime for remand prisoners at Ljubljana Prison was relaxed so that now the inmates concerned may spend four hours a day on weekdays out of their cells With respect to psychiatry the CPT welcomes the adoption in July 2008 of the new Mental Health Act which inter alia reinforces the legal protection of patients in psychiatricsocial care institutions At Maribor Psychiatric Department the overwhelming majority of patients interviewed by the CPTrsquos delegation indicated that hospital staff had a caring attitude towards them However the delegation received a few allegations of physical ill-treatment of patients by nursing staff shortly after having been fixated to a bed The CPT also expresses misgivings about the fact that mechanical restraint was not always applied as a measure of last resort and that patients were on occasion subjected to fixation for prolonged periods In their response the Slovenian authorities state that a clear message has been delivered to nursing staff that no ill-treatment whatsoever of patients will be tolerated and that special training is being provided in handling aggressive andor agitated patients The CPTs report and the Slovenian authoritiesrsquo response are available on the Committees website httpwwwcptcoeint Forced return flights from the UK the European anti-torture committee publishes its first report Strasbourg 18072013 - The CPT publishes today its first report on an operation of deportation of foreign nationals by air The monitoring took place in the context of an ad hoc visit to the United Kingdom from 22 to 24 October 2012 and involved the presence of a CPT delegation on a charter flight between London and Colombo (Sri Lanka) In its report the CPT concludes that ldquoeach stage of the preparation of the removal process was carefully planned and organised staff were well briefed and every effort was made for the removal to be carried out in a humane wayrdquo However the CPT makes several recommendations and comments concerning both the preparation and execution phases of such operations The main issues raised concern the use of restraint by escort staff the presence of a medical doctor (instead of a paramedic or a nurse) on
13
board removal charter flights and the need for a ldquofit to fly certificaterdquo for persons to be deported In particular the CPT recommends that efforts be made for the revised training package for overseas escorts to be accredited and implemented at the earliest opportunity In their response the UK authorities indicate that an Independent Advisory Panel on Non-Compliance Management has been recruited to assess the quality and safety of the recently revised training package developed by the National Offender Management Service As regards the presence of a medical doctor on board the authorities indicate that ldquowhere indicated by risk assessment and where appropriate a doctor will be providedrdquo On the subject of the delivery of a ldquofit to fly certificaterdquo the authorities indicate that they do not consider it necessary ldquoto positively assert in all cases that a person is fit to fly based on the reasonable assumption that this will be the case in the vast majority of instancesrdquo Other important recommendations related to the presence of interpreters throughout the whole removal process (including on board the aircraft) as well as the provision of psychological support and counselling to better prepare the persons to be deported for their removal Recommendations are also made concerning the recruitment procedure of escort staff (which should include some form of psychological assessment) as well as the measures to be taken to avoid professional exhaustion syndrome and the risks related to routine and to ensure that escort staff maintain a certain emotional distance from the operational activities in which they are involved The CPT regrets that the Sri Lankan authorities did not allow its delegation to observe the hand-over of the returned detainees to local immigration staff The Committee invites the UK authorities to expressly address the issue of the role of monitoring bodies in readmission
agreements
The CPTs visit report and the response of the United Kingdom authorities are available on the Committees website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Malta Strasbourg 04072013 ndash The CPT has published today the report on its September 2011 visit to Malta together with the Maltese authoritiesrsquo response The visit mainly focused on Corradino Correctional Facility the only prison in Malta In certain parts of the prison material conditions of detention had significantly improved since the CPTrsquos previous visit in 2008 However major shortcomings were found once again in several other areas of the establishment (in particular as regards the state of repair of cells and access to natural light) The situation was further exacerbated by the prevailing overcrowding and the lack of organised activities for many prisoners The CPT has recommended in particular that a comprehensive plan to renovate the entire prison be drawn up as soon as possible The CPT also carried out follow-up visits to Lyster and Safi Barracks the only two detention centres for foreigners which were operational at the time of the visit In its report the Committee expresses concern about the frequency and seriousness of allegations received from foreign nationals about the force used by soldiers and police officers in the context of disturbances which had occurred in August 2011 at the Safi Detention Centre it has recommended that a comprehensive inquiry by an independent body be carried out into this matter At the Lyster Detention Centre the CPT observed improvements both in terms of material conditions and activities provided to foreign nationals However the conditions under which foreign nationals were being held in the two Warehouses at Safi Barracks remained very poor Further in both detention centres the health-care services were clearly insufficient Following a brief visit to Mount Carmel Psychiatric Hospital the CPT has expressed serious misgivings about the manner in which agitated or suicidal patients had on occasion been managed It has also made a number of specific recommendations to improve living conditions in the Forensic Ward and the Ward for Irregular Migrants In their response the Maltese authorities provide information on the action taken to address the recommendations made by the Committee on the issues described above
The CPTrsquos report and the response have been published at the request of the Maltese authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee publishes the Danish Governments response to the report on the visit to Greenland (September 2012) Strasbourg 03072013 - The CPT has published today the response of the Danish Government to the report on the Committeersquos ad hoc visit to Greenland in September 2012 The response has been made public at the request of the Danish authorities In its response the Danish Government provides information on the measures taken in the light of the recommendations made by the CPTrsquo
14
The CPTrsquos report on its visit to Greenland was made public in January 2013 The response is available on the Committees website wwwcptcoeint
32 Council of Europe Commissioner on Human Rights
lsquoTurkey police violence must not go unpunished Strasbourg 872013 - ldquoAll instances of excessive use of force by the police must be fully investigated and adequately punishedrdquo said Nils Muižnieks the Council of Europe Commissioner for Human Rights at the end of a five day visit to Istanbul and Ankara during which he discussed the Gezi Park events and other human rights issues The Commissioner recalled that according to the case-law of the European Court of Human Rights the failure to effectively investigate the misconduct of security forces was a human rights violation in itself and that Turkey had been condemned on numerous occasions by the Court precisely for this reason The Commissioner had received serious allegations of human rights violations committed by law enforcement forces against demonstrators backed up by witness accounts photos videos forensic evidence as well as the number of deaths and injuries over the course of the events Most of these reports concerned excessive and improper use of tear gas and ill-treatment by police at the time of apprehension On the other hand members of the government and security forces considered that the use of force had been proportionate in view of the actions of marginal groups hijacking the demonstrations except for isolated incidents which are under investigation [hellip] The Commissioner also noted that members of certain professional groups such as doctors lawyers academics teachers media professionals expressed fear of intimidation as well as of administrative and judicial measures against them as a result of their non-violent actions during the protests The Commissioner urged the Turkish authorities to allay these fears as a matter of urgency and to ensure that any perception of reprisals is averted The Commissioner also stated that there were certain shortcomings both in the Turkish legislation concerning the right to assembly and the role of law enforcement and its application by the competent authorities ldquoThe legislation and practice puts too much emphasis on the lawfulness of demonstrations as opposed to their peacefulness contrary to the European Convention on Human Rightsrdquo stated the Commissioner adding that the overwhelming majority of demonstrators in the Gezi Park events given the total participation of 25 million had thankfully been peaceful [hellip] The Commissioner also referred to his meetings with the newly established Ombudsman Office and the Turkish Human Rights Institution stating that the latest events provided a unique opportunity for these institutions to establish their credibility in the eyes of the Turkish public He stressed that citizens with grievances should also use the Ombudsman Office for redress including for actions of the security forces during demonstrationsrsquo The Commissionerrsquos report on his visit is forthcoming Press contact in the Commissionerrsquos Office Stefano Montanari stefanomontanaricoeint
33 Summaries of selected Article 3 cases before the European Court of Human Rights June and July 2013
AGAM DNM MKH MYH AND OTHERS NANS NMB NMY AND OTHERS SA V SWEDEN (NOS 7168010 2837911 7241310 5085910 6841110 6833510 7268610 6652310)
httphudocechrcoeintsitesengPagessearchaspxfulltext[AGAMDNMMKHMYH20AND20OTHERS]documentcollectionid2[GRANDCHAMBERCHAMBER]itemid[001-121571] 27 June 2013 ndash No violation of Article 2 and or Article 3 ndash No evidence to confirm that the
applicants would be exposed to a real risk of inhuman or degrading treatment or of becoming victims of honour-related crimes in the event of extradition in southern of central Iraq (for the applicants in the cases DNM and SA) or in Kurdistan (for the applicants in the other six cases)
15
All eight cases concerned the deportation of failed asylum-seekers originally from Baghdad Mosul and Kirkuk to Iraq The applicants in the cases DNM and SA alleged that if they were to be removed to Iraq they would be at risk of becoming victims of honour-related crimes due to their relations with women whom were disproved by their families while the other six applicants alleged that they would be at risk of persecution if deported to Iraq due to being Christian a religious minority in the country The Court noted that each of the applicantsrsquo claims had been examined and rejected by the Migration Board and the Migration Court particularly because the incidents of which the applicants were victim were mostly related to general security in Iraq at the time and that the applicants were not in need of asylum in Sweden since a number of years had since passed and the level of violence had thus declined The Court took into consideration the current national and international reports available and the gradual improvement that had been made Despite the applicantsrsquo personal circumstances (cases DNM and SA) and that their belonging to a vulnerable minority (the other six cases) would risk their lives and or facilitate inhuman or degrading treatment if removed the Court held that all ten applicants could relocate to other regions in Iraq such as Kurdistan in the north (concerning the six other cases) or to southern and central Iraq (cases DNM and SA) Therefore there would be no violation of Articles 2 and 3 of the Convention if the applicants were removed in southern or central Iraq or in Kurdistan
Horshill v Greece (application no7042711) httphudocechrcoeintsitesengPagessearchaspxfulltext[Horshill]languageisocode[FRA]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122973]
Detention of an asylum seeker in Greek police stations found to be degrading treatment incompatible with Article 3 of the Convention
In the Chamber judgment in the case of Horshill v Greece (application no7042711) the European Court of Human Rights held unanimously that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights The case concerned the placement in detention of Ismail Alfateh Horshill and the conditions in which he was detained The applicant a foreign national who was due to be deported was held successively for fifteen days in two police stations after having applied for asylum Pursuant to a decree transposing a directive from the Council of the European Union into national law Ismail Alfateh Horshill who had no travel documents was placed in detention by the Greek authorities Noting that the applicant had been released from detention after a short period of two weeks the Court considered that his detention had not been arbitrary and that it could not be concluded that it had not been ldquolawfulrdquo within the meaning of Article 5 sect 1 (f) of the Convention
Vinter and Others v United Kingdom - 6606909 13010 and 389610 Judgment 972013 [Grand Chamber]
httphudocechrcoeintsitesengPagessearchaspxfulltext[vinter]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122664] Article 3 The Grand Chamber agreed with and endorsed the Chamberrsquos finding that a grossly disproportionate sentence would violate Article 3 of the Convention although that test would be met only on rare and unique occasions In the instant case the applicants had not sought to argue that their whole life orders were grossly disproportionate instead they submitted that the absence of an in-built procedural requirement for a review constituted ill-treatment not only as the Chamber had found when there ceased to be legitimate penological grounds to justify continued detention but from the moment the order was made The Court reiterated that Contracting States must be allowed a margin of appreciation in deciding on the appropriate length of prison sentences for particular crimes and must remain free to impose life sentences on adult offenders for especially serious crimes However the imposition of an irreducible life sentence on an adult could raise an issue under Article 3 In determining whether a life sentence in a given case could be regarded as irreducible the Court would seek to ascertain whether the prisoner could be said to have any prospect of release Where national law afforded the possibility of review of a life sentence with a view to its
16
commutation remission termination or the conditional release of the prisoner that would be sufficient to satisfy Article 3 There were a number of reasons why for a life sentence to remain compatible with Article 3 there had to be both a prospect of release and a possibility of review Firstly it was axiomatic that a prisoner could not be detained unless there were legitimate penological grounds for that detention The balance between the justifications for detention was not necessarily static and could shift in the course of the sentence It was only by carrying out a review at an appropriate point in the sentence that these factors or shifts could be properly evaluated Secondly incarceration without any prospect of release or review carried the risk that the prisoner would never be able to atone for his offence whatever he did in prison and however exceptional his progress towards rehabilitation Thirdly it would be incompatible with human dignity for the State forcefully to deprive a person of his freedom without at least providing him with the chance to someday regain that freedom Moreover there was now clear support in European and international law for the principle that all prisoners including those serving life sentences should be offered the possibility of rehabilitation and the prospect of release if rehabilitation was achieved Accordingly Article 3 had to be interpreted as requiring reducibility of life sentences in the sense of a review allowing the domestic authorities to consider whether any changes in the life prisoner are so significant and such progress towards rehabilitation has been made in the course of the sentence as to mean that continued detention can no longer be justified on legitimate penological grounds While it was not the Courtrsquos task to prescribe the form (executive or judicial) which that review should take or to determine when it should take place the comparative and international law materials before it showed clear support for the institution of a dedicated mechanism guaranteeing a review no later than twenty-five years after the imposition of a life sentence with further periodic reviews thereafter A whole life sentence would not measure up to the standards of Article 3 where the domestic law did not provide for the possibility of such a review Lastly although the requisite review was a prospective event necessarily subsequent to the passing of the sentence a whole life prisoner should not be obliged to wait and serve an indeterminate number of years of his sentence before he could raise the complaint that the legal conditions attaching to his sentence failed to comply with the requirements of Article 3 Whole life prisoners were entitled to know at the outset of their sentence what they must do to be considered for release and under what conditions including when a review of their sentence will take place or may be sought Consequently where domestic law did not provide any mechanism or possibility for review of a whole life sentence the incompatibility with Article 3 on this ground already arose when the whole life sentence was imposed and not at a later stage of incarceration The Government had argued before the Court that the aim of the 2003 Act was to remove the executive from the decision-making process concerning life sentences and this was the reason for abolishing the 25-year review by the Home Secretary which had existed beforehand However the Court considered that it would have been more consistent with the legislative aim to provide that the 25-year review would be conducted within a judicial frame- work rather than completely eliminated The Court also found that the current law concerning the prospect of release of life prisoners in England and Wales was unclear Although section 30 of the 1997 Act gave the Justice Secretary the power to release any prisoner including one serving a whole life order the relevant Prison Service Order provided that release would only be ordered if a prisoner was terminally ill or physically incapacitated These were highly restrictive conditions and in the Courtrsquos view compassionate release of this kind would not be what was meant by a ldquoprospect of releaserdquo in Kafkaris In light therefore of this contrast between the broad wording of section 30 and the exhaustive conditions announced in the Prison Service Order as well as the absence of any dedicated review mechanism for whole life orders the Court was not persuaded that at the present time the applicantsrsquo life sentences could be regarded as reducible for the purposes of Article 3 The requirements of that provision had not therefore been met in relation to any of the three applicants The Court emphasised however that the finding of a violation in the applicantsrsquo cases should not be understood as giving them any prospect of imminent release Whether or not they should be released would depend for example on whether there were still legitimate penological grounds for their continued detention and whether they should continue to be detained on grounds of dangerous- ness These questions were not in issue in this case and were not the subject of argument before the Court Conclusion violation (sixteen votes to one) Article 41 Finding of a violation constituted sufficient just satisfaction for any non-pecuniary damage sustained by the first applicant No claim made by the other applicants
17
4 European Union and associated bodies
41 European Union Agency for Fundamental Rights (FRA)
June 2013 the European Court of Human Rights (ECtHR) and the European Union Agency for Fundamental Rights (FRA) published a joint Handbook on European law relating to asylum borders and immigration on 11 June lsquoIt examines the relevant law in the field of asylum borders and immigration stemming from both European systems the European Union and the Council of Europe It provides an accessible guide to the various European standards relevant to asylum borders and immigration The handbook is the second joint publication of this kind following a first handbook on non-discrimination issued in 2011 It is based on the case law of the European Court of Human Rights and the European Court of Justice as well as on the relevant EU regulations and directives It is also a first point of reference on the European Social Charter (ESC) and other instruments of the Council of Europe It is designed to assist legal practitioners at national and European level including lawyers judges prosecutors border guards immigration officials and others working with national authorities as well as non-governmental organisations and other bodies that may be confronted with legal questions in any of the areas the handbook sets out to coverrsquo The handbook is available at httpfraeuropaeusitesdefaultfileshandbook-law-asylum-migration-borders_enpdf
5 News from NGOs amp general updates
51 The Association for the Prevention of Torture Geneva (APT)
lsquoRights within the EU What role for European Institutions Monday September 16 2013 ldquoThe Treaties of the European Union state that the EU is founded on the value of respect for human rightsrdquo However much remains to be done for EU institutions to properly address gross human rights violations within the EU particularly the Council of the European Union This is the message that members of the Human Rights and Democracy Network which the APT is part of have sent to the representatives of all key EU institutions The letter singles out the EU Council Working Party on Fundamental Rights and Free Movement of Persons (FREMP) which has ldquobeen largely confined to negotiating the EU accession to the European Convention on Human Rightsrdquo rather than seeking to address serious human rights abuses within the European Union The letter concludes with a set of practical and constructive recommendations to the main EU institutions including the Council Commission Parliament and the Fundamental Rights Agency including strengthening the mandate of the latter The APT supports these recommendations and calls on remaining EU states that have not yet done so to ratify the Optional Protocol to the UN Convention against Torture (OPCAT) Presently 7 members of the EU (Belgium Finland Greece Ireland Latvia Lithuania and Slovakia) are not party to this innovative treaty The APT also calls on EU states that have established or designated National Preventive Mechanisms under the OPCAT to provide them with the necessary independence and resources as well as engaging in a constructive dialogue with these institutions to meaningfully reduce the risk of abuse on persons deprived of their libertyrsquo See more at httpwwwaptchennews_on_preventionrights-within-the-eu-what-role-for-european-institutionsUjnGb-DZn4Y lsquoExcessive use of pre-trial detention in the EU Tuesday September 10 2013 The APT today co-signed a letter sent to European Commission Vice-President Viviane Reding urging the Commission to take steps aimed at reducing the excessive periods of time people spend in pre-trial detention and to increase the use of alternatives
18
Across the European Union both the use and material conditions of pre-trial detention vary considerably and can have a very detrimental impact on persons deprived of their liberty Among other issues the letter calls on the Commission to take concrete steps to establish minimum and enforceable EU standards on pre-trial detention The letter is co-signed by 22 NGOs and has been copied to various relevant European Commission actorsrsquo lsquoInstitutional culture in detention a framework for preventive monitoring This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts It is the second in a series of thematic papers on aspects of detention monitoring which have so far been under-researched and received little attention They are the result of a joint project between the APT and Penal Reform International (PRI) with financial assistance of the UK Government and the European Unionrsquo See further details at httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17 Read more on the APT website at httpwwwaptch
52 Penal Reform International (PRI)
- Institutional culture in detention a framework for preventive monitoring
This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other forms of ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts This resource from PRI and the Association for the Prevention of Torture (APT) is designed to - raise awareness among monitoring bodies of the role of culture in places of detention in the prevention of torture and ill-treatment - provide a framework for understanding culture in places of detention - outline some common cultural attitudes that can represent risk factors for torture and ill-treatment - provide some examples of processes and factors that contribute to positive culture change in places of detention httpwwwpenalreformorgresourceinstitutional-culture-detention-framework-preventive-monitoring-3
- PRI briefing on complaints mechanisms in its Justice for Children series
Part of PRIs series of Justice for Children Briefings this resource explains a childs right to complain about his or her care treatment and conditions while deprived of their liberty Upholding the right to complain is very important for giving a voice to children in detention and for ensuring that their other human rights are protected The briefing looks at the basis of this right in international and regional treaties and standards and challenges to children in fulfilling this right It identifies key elements for creating an effective complaints mechanism and provides recommendations to ensure children can achieve their right to make complaints httpwwwpenalreformorgresourcechildren-deprived-liberty-complaints
- The Guide on gender-sensitive monitoring
The Guide is now also available in Spanish
httpwwwpenalreformorgresourcewomen-detention-guide-gendersensitive-monitoring
19
6 Immigration detention and monitoring updates
61 Council of Europe Immigration Issues
611 Migration Co-ordination Division update on work in the field of asylum and immigration
Recent editions of the Migration Co-ordination Newsletter were published in July and August 2013 The Newsletter provides a glance at some of the relevant Council of Europe activities on migration asylum and integration It will be published monthly and sent electronically to interested parties As we all know migration constitutes an ever-growing concern within the field of human rights and different aspects of migration profoundly affect social well-being In the foreseeable future these issues will only grow in importance and relevance across Europe Here the Council of Europe has a lot to offer The Migration Co-ordination Division hopes that this newsletter can give readers an insight into some of the debates and migration related activities as they unfolded at the Council in the months of June July and August The Newsletters are available at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp You can subscribe to future newsletters by sending an email to migration-newslettercoeint and you can search the archives for previous newsletters at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp Ukraine Efforts to improve policies and practices of detention of foreigners Strasbourg 4 July 2013 The Ukrainian authorities are engaged in serious efforts to bring their national policy and practice with regard to the detention of migrants and asylum-seekers in line with the Council of Europe standards A recent legislative initiative to amend several legal acts governing the status and the judicial protection of foreigners and stateless persons (draft law No 2743) emphasises the commitment of the Ukrainian government to ensure a judicial review of decisions depriving foreigners of their right to liberty The Council of Europe Migration Co-ordinator Christos Giakoumopoulos said the amendments which are currently examined by the Ukrainian parliament (Verhovna Rada) are an important step in ensuring compliance with Council of Europe norms as they are clearly inspired by the recommendations of the Committee of Ministers of the Council of Europe Moreover he said these amendments constitute a positive development in the process of the implementation of several judgements of the European Court of Human Rights such as for example the Soldatenko v Ukraine group of cases and the case of Nowak v Ukraine in which Ukraine was found in breach of the European Convention of Human Rights on account of unlawful detentions and lack of judicial control
62 Council of Europe Parliamentary Assembly (PACE) Migration Committee
Assistance to Syrian refugees after Lebanon PACE rapporteur continues visit to Turkey lsquoStrasbourg 21082013 ndash Jean-Marie Bockel (France EPPCD) who is preparing a report for the Parliamentary Assembly of the Council of Europe (PACE) on international assistance for Syrian refugees in Jordan Turkey Lebanon and Iraq today begins a fact-finding visit to Turkey (21 to 22 August 2013) following on from a visit to Lebanon (19-20 August) In Hatay (21-22 August) Mr Bockel will meet the Governor of Hatay and Turkish government officials ndash including from the Disaster and Emergency Management Presidency in the Prime Ministersrsquo Office ndash as well as representatives of the Red Crescent in Turkey He will also visit a local centre where refugees are accommodated and will speak to local residents about the impact of the refugee influx on the local community In Lebanon Mr Bockel met Syrian refugees in Alaawi (South Lebanon) and Ketermaya (Mount Lebanon) and discussed their situation with representatives of the UN High Commissioner for
20
Refugees and other NGOs working in the field During these exchanges of view he drew the authoritiesrsquo attention in particular to the situation of women and children Mr Bockelrsquos report is a follow-up to a current affairs debate held by the Assembly on this topic in April 2013rsquo For more details see httpassemblycoeintASPNewsManagerEMB_NewsManagerViewaspID=8977ampL=2
7 NPM discussion topic No 1 ldquothe monitoring of sobering-up detentionrdquo
71 Introduction
The thematic section for this Newsletter is on the experiences of NPMs regarding sobering-up detention The Polish NPM is currently preparing a thematic report and a conference regarding sobering-up stations and is looking for comparative experiences of monitoring such places from other CoE region NPMs In Poland these are institutions where drunk individuals are detained until they get sober for no longer than 24 hours In these places there is a non-stop medical service given to those people Those individuals are escorted there by the police because of their behaviour in public or at home The Polish NPM questions to the European NPM Network are
- how in your countries is the problem of care given to drunk people is solved - Where are drunk individuals placed (detained) if they are stopped by the Police - Can they leave those places anytime or they have to stay there till they are sober - What kind of care is given to them
The overview of responses to these questions form the European NPM Network members is below
72 Overview of responses from the European NPMs
- Response from the NPM of Luxembourg lsquoIn Luxemburg we have a very similar law regarding public drunkenness Following article 28 of the modified law from June 29th 1989 people that in a state of drunkenness cause public disorder or are likely to be harmful for themselves or others can be arrested by the police without intervention of a judge or an attorney for no longer than 24 hours Once arrested this people benefit from the full range of rights guaranteed to any other arrested person for criminal reasons (right to immediate assistance of a lawyer or consular assistance for foreigners right to call a family member inventory of their belongings fresh water supply etchellip) As for any other detainee the privation of liberty can only take place after a medical visit that generally takes place at the police station The surgeon in charge has to establish a written document stating that the concerned person does not present any corporal AND mental diseases making detention inappropriate or potentially harmful During the detention time those persons are under close survey (continuously by video and physically every hour at least all those verifications have to be noted down in real time indicating the time of control and the name of the controlling officer in a registry that is accessible at any time to the NPM and to the Inspectorate general of the Police) The Luxemburgish NPM already conducted several visits to police stations especially during the weekend nights Generally there was no noticeable problem The average time of privation of liberty cannot exceed 24 hours practically the detention time is very rarely superior to 6 hours In general people picked up during the night are released in the early morning hours The maximum time encountered by the Luxemburgish NPM was 165 hours immediately followed by a detention time of 825 hours There is no continuous medical survey in Luxemburg in case of a medical urgency people are immediately transferred to the next hospital which practically never happened until today as people with severe intoxications are detected by the medical visit prior to detention and are immediately transferred to a hospital
21
People arrested in Luxemburg on the legal basis above cannot leave the police station by their own decision liberation is depending upon the decision of the commanding police officer of the concerned station We also have another legal basis article 37 of the modified Police-law from May 31st 1999 entitling the police to arrest under the same conditions and restrictions as above anybody who by his ldquofoolishrdquo (insenseacute en french) behavior in public is likely to be harmful for himself or for others even without consumption of alcohol or drug abusersquo
- Response from the NPM of Slovenia
lsquoIn Republic of Slovenia there are no lsquosobering-up stationsrsquo per se However the police may order and carry out detention of a person under the influence of alcohol in certain cases for example as defined in the Minor Offences Act according to which (also) police officers may order detention when the perpetrator is caught committing minor offence under the influence of alcohol or other psychoactive substances and there is danger that (s)he will continue to commit minor offences such detention (which is not the only possible one involving the police) takes place in detention rooms at police stations and can last until the perpetrator becomes sober or capable to control behavior - but no longer than 12 hours Regarding lsquocare given to drunk peoplersquo in police detention ndash first of all police officers are bound to make sure that detained person gets medical aid if needed (injuries signs of alcohol poisoninghellip) or if the person demands so - this can be provided by medical personnel coming to place of detention itself or by taking the person to proper institution Police officer carrying out the detention is actually bound to take care of safety in general of the detained person for the duration of detention at least regular physical supervision is necessary but most often technical (audio and video) is provided too Drinkable water must be provided at all times and generally also one cold meal If the person is brought in wearing wet or in any other way unsuitable clothing (given the season weather conditionshellip) police officer must provide the person with proper clothes or footwear for the duration of the detention Certain standards are prescribed for the detention rooms themselves also ndash in cases of detention of up to 12 hours the floor shall not be slippery air temperature shall not be under 18 degrees Celsius in any case the room shall be equipped with toilet facilities unbreakable wash-hand basin and fixed bed with impermeable inflammable and untearable pillow and two blankets All circumstances regarding the detention (condition of the person carried out physical supervisions provided clothing food etc) are to be also carefully documentedrsquo
- Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo
lsquoIn our Law of Police is regulated this question The police officer may detain a person under the influence of alcohol or other psychoactive substances under terms and conditions determined by special law and the detention can last up to 8 hours With this article is limited time of detention because for criminal acts detention in police station is maximum 24 hours ( 12 hours for juveniles) Person under the influence of alcohol has the same rights like other detainees We dont have special places for detention of intoxicated people and police use regular detention places in the police stations Pursuant to the Rulebook on the Manner of Performance of Police duties and the Standard Operating Procedures for Detention and Treatment of Detainees the head of shift (police officer for admission) is responsible for admission of persons giving advice on realization of hisher rights including continuous monitoring during the detention for the purpose of ensuring the detained personsrsquo safety in the police station So people who are detained in Police station have right for food and water right to an attorney and informing the family right to medical assistance The shift manager is obligated to assess the health status of detained persons upon admission and record the same in the detention report The shift manager records any visible injuries visible signs of illness influence of alcohol or psychotropic substances thereby assessing whether medical attention is required In case of serious injuries or if the detainee complains for pain or injuries the right to medical assistance is of priority and it is undertaken before any other activity For most of the police stations it was concluded that in cases when there is higher blood alcohol content among the detainees a doctor was not called by the shift manager and in that line the NPM gave a recommendation that a doctor should be called no matter whether the person asks for medical assistance This should be made in order to act in line with the temporary protection of the health of the person deprived of liberty
22
In our report for 2012 we have thematic part about People detained in police stations ndash alcohol abusers Here is our opinion The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed In four of the folders for detainees in PS ____ it was assessed that the people were drunk in the limits of 1 50 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officers Regarding your questions in my country we dont have special places for drunk people and they are placed in police station in period of 8 hours without possibility to leave before they sober up and permission by head of shift If they have visible injuries or ask for medical help its called doctor but we suggested hat the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of libertyrsquo
- Response from the NPM of Georgia
lsquoSince the Soviet period Georgia had no special institution for drunken individuals According to the Georgian legislation being under the influence of alcohol per se doesnrsquot constitute an infraction Although last year in one region Akhalkalaki the Georgian NPM revealed a vicious practice ndash drunken individuals were detained by the police and held in a police station without being registered in any special registry until next morning The fact has been mentioned in the Public Defenderrsquos Report for 2012 and the abolition of this kind of practice has been recommended to the Minister of Internal Affairs In general if a detained person has any kind of medical concern an officer in charge calls the emergency service the detainee could even be transferred to hospital for example in case of acute alcoholic intoxicationrsquo
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo
81 Introduction
The Luxembourg NPM contacted the European NPM Network regarding vulnerable groups in prison as it is about to prepare a mission on its national prisons specially focused on the respect of the rights and the treatment of particularly vulnerable categories of prisoners and wanted to draw upon other comparative NPM experiences The NPM was in particular focused on the following categories vulnerable groups middot lsquoPrisoners living in detention without interruption for more than 10 years middot Prisoners recently condemned to a sentence of 15 years minimum middot Prisoners recently condemned to a very short sentence (9 months maximum) middot Older prisoners minimum age of 55 years
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
9
detention particularly in womenrsquos prisons Inmates on death row spent a long time waiting for the execution which would then often be carried out without much prior warning Committee Experts also spoke about solitary confinement in prisons spousal violence and violence against women incidence of trafficking in human beings and data on investigations and prosecutions the complaints system for women victims of violence and steps to deal with impunity for crimes committed during World War II prosecute those responsible and provide compensation to victims Responding to questions and comments raised by the Committee members yesterday 21 May and today the delegation said that there was an absolute constitutional prohibition of infliction of torture and cruel punishment by public officials and confessions extracted under compulsion torture or a prolonged period of detention were not admissible in courts In April 2008 the Public Prosecutionrsquos office had announced a policy to ensure appropriate interrogation including the right of a suspect to a counsel all those who could not afford one and were charged with serious crimes were provided with a counsel paid for by the State The notification of the execution of capital punishment was done shortly before the execution itself to avoid inflicting mental pain and families were informed immediately upon the execution The number of detainees in prisons was on the decline which contributed to reducing overcrowding and Japan would continue to undertake measures to further reduce it and improve living conditions in prison facilitiesrsquo The second periodic report of Japan can be read via the following link httpwww2ohchrorgenglishbodiescatdocsCATCJPN2_enpdf
23 UN Special Rapporteur against torture
lsquoThe United Nations Special Rapporteur against torture and other cruel inhuman and degrading treatment or punishment Juan E Meacutendez has recently published his latest thematic report on the revision of the Standard Minimum Rules for the Treatment of Prisoners (SMRs) The report will be presented during the 68th session of the United Nations General Assembly on 22 October 2013 and represents a significant contribution to the ongoing review process of the SMRs coordinated by the UN Office of Drug Control and Crime Prevention (UNODC) with the active participation of many States and civil society organizations For the preparation of the report the Special Rapporteur held an expert meeting in Oxford UK on 10 July 2013 on ldquothe review of the UN Standard Minimum Rules for the Treatment of Prisonersrdquo co-organized by the OHCHR the American University Washington College of Lawrsquos Center for Human Rights and Humanitarian Lawrsquos Anti-Torture Initiative and the Institute of Human Rights for Future Generations University of Oxford The review process is intended to reflect critical developments in international human rights law since the 1957 adoption of the SMRs and to enhance the ability of the SMRs to serve as a useful tool for States and civil society to protect and uphold the rights of persons deprived of their liberty In contributing to this process the report reflects on several areas targeted for reviews and analyzes their interplay with the international prohibition of torture and ill-treatment through the identification of the procedural standards and safeguards that States are obliged to implement to all situations of deprivation of liberty In this sense the report highlights the importance of including an explicit condemnation of torture and ill-treatment in accordance with Art 4 of the Convention against Torture and of considering the principle of humane treatment and respect for inherent dignity as the starting point for any consideration regarding policy making related to persons deprived of liberty In this regard the report sets specific standards regarding pre-trial detention access to counsel and appropriate medical assistance the limits on the use of solitary confinement and the safeguards States must implement during disciplinary procedures and punishments In particular the report highlights the importance of establishing independent complaint and oversight mechanisms such as National Preventive Mechanisms in accordance with the Optional Protocol to the Convention against Torture as a necessary tool to combat and prevent impunityrsquo
24 UN Jurisprudence
Latest Jurisprudence of UN Treaty Bodies is now available The cases law adopted at the last session of the HRC CERD CEDAW and CRPD are available on-line in the six UN official languages In order to ease access to the jurisprudence on individual cases additional information is now available such as the articles invoked the subject matter the procedural issues and the outcome bull Latest jurisprudence adopted by the treaty bodies
10
Human Rights Committee httpwww2ohchrorgenglishbodieshrcHRCommitteeCaseLawhtm Committee on the Elimination of Racial Discrimination httpwww2ohchrorgenglishbodiescerdjurisprudencehtm Committee on the Elimination of Discrimination against Women httpwww2ohchrorgenglishlawjurisprudencehtm Committee on the Rights of Persons with Disabilities httpwwwohchrorgENHRBodiesCRPDPagesJurisprudenceaspx Committee against Torture (soon in the new format) httpwww2ohchrorgenglishbodiescatjurisprudencehtm
3 Council of Europe
31 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
lsquoCouncil of Europe anti-torture Committee publishes report on Latvia Strasbourg 27082013 ndash The CPT has published today the report on its visit to Latvia carried out in September 2011 The report has been made public at the request of the Latvian authorities together with their responses In the course of the 2011 visit the CPTrsquos delegation received a number of allegations from detained persons of physical ill-treatment by the police (consisting mainly of punches kicks and inappropriate use of truncheons) at the time of apprehension and during questioning Some of these allegations were corroborated by the delegationrsquos own medical observations and other medical evidence The CPT concludes in the report that persons in police custody continue to face a certain degree of risk of being subjected to ill-treatment and calls on the Latvian authorities to exercise constant vigilance in this area As regards conditions of detention in police establishments the Committee emphasises that the conditions in some of the detention facilities visited were so poor that they could be considered as amounting to inhuman and degrading treatment In their response the Latvian authorities refer to training and education programmes offered to police officers on various subjects including the prohibition of torture and inhuman or degrading treatment interrogation techniques and the use of physical force special means and weapons Information is also provided on measures taken to improve material conditions in several police detention facilities As regards the situation in prisons the vast majority of prisoners interviewed made no allegations of physical ill-treatment by staff nevertheless some allegations were received in particular at Jelgava Prison It transpired that inter-prisoner violence was a problem in all the establishments visited in the Committeersquos view certain factors contributed to this phenomenon including large-capacity accommodation units cramped conditions in multi-occupancy cells (and consequential stress among prisoners) limited possibilities for most prisoners to occupy themselves and insufficient staffing levels As for the provision of health care to prisoners a number of major shortcomings (eg insufficient health-care staff severe shortage of medication problematic access to specialist care etc) were observed with many inmates being denied effective health care Particular attention is paid in the report to the situation of life-sentenced prisoners The CPT commends the steps taken by the Latvian authorities to improve material conditions of detention for this category of inmates and to develop a regime of activities for life-sentenced prisoners on the medium and high regime levels However the regime applied to life-sentenced prisoners on the low regime level (about 65 percent of all such prisoners) remains very impoverished the vast majority of them being confined to their cells for up to 23 hours per day Further the Committee stresses once again that it can see no justification for the systematic handcuffing of almost all life-sentenced prisoners whenever they were escorted inside the prison it calls upon the Latvian authorities to carry out a proper individual risk assessment in respect of these prisoners with a view to adjusting the security measures applied to them accordingly In their response the Latvian authorities provide information on the measures they have taken or intend to take in order to address the recommendations made by the CPT on the issues described above The report also examines the treatment and living conditions of patients at a psychiatric clinic and of residents at a social care home as well as the legal safeguards in the context of admission procedures The CPTrsquos visit report and the responses of the Latvian authorities are available on the Committees website wwwcptcoeint
11
Council of Europe anti-torture Committee publishes the Dutch Governments response to the report on the 2011 visit Strasbourg - 21082013 - The CPT has published today the response of the Dutch Government to the report on the CPTs most recent visit to the Netherlands in October 2011 The response has already been made public by the Dutch authorities The CPTs report on the 2011 visit to the Netherlands was published in August 2012 The response is available on the Committeersquos website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Georgia Strasbourg 31072013 ndash The CPT has published today the report on its November 2012 ad hoc visit to Georgia together with the Georgian authoritiesrsquo response High-level talks held during the CPTrsquos visit mainly focused on the effectiveness of criminal investigations launched following the publication on 18 September 2012 of video material containing scenes of apparent serious ill-treatment of prisoners by staff in certain penitentiary establishments The legislative administrative and other steps being taken (and planned) by the Georgian authorities in respect of the countryrsquos prison system were also discussed In its report the CPT welcomes the wide-scale prison amnesty while stressing that the problems of prison overcrowding and prison population inflation cannot be addressed in a comprehensive and lasting way through the use of such exceptional measures a strategy for the sustainable reduction of the prison population should include a variety of steps to ensure that imprisonment really is the measure of last resort The CPT has also made several recommendations concerning the two prisons visited by the delegation (in Gldani and Kutaisi) and on other issues related with the prison system especially the prison health-care services In their response the Georgian authorities provide information on the progress and outcome of the above-mentioned criminal investigations as well as on measures being taken to reform the Georgian prison system Those measures include steps to further reduce the prison population renovate existing prisons and build new establishments develop the programmes of activities for both sentenced and remand prisoners and improve prison staff training The response also contains information on the Strategy and Action Plan for Prison Health-care Reform for the period 2013 ndash 2014 The CPTrsquos report and the response have been published at the request of the Georgian authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee visits the Russian Federation Strasbourg 23072013 ndash A delegation of the CPT carried out an ad hoc visit to the Russian Federation from 9 to 19 July 2013 The main objective of the visit was to review the implementation of recommendations made after previous visits regarding the treatment of persons deprived of their liberty by law enforcement agencies For this purpose the delegation interviewed numerous detained persons who had recently been or were still in the custody of the police or other law enforcement agencies it also examined relevant documentation including investigation files concerning complaints about ill-treatment by staff of those agencies In the course of the visit the delegation held consultations with Alexandr GOROVOY First Deputy Minister of Internal Affairs and Maxim TRAVNIKOV Deputy Minister of Justice as well as with other senior officials of the above-mentioned Ministries at both the federal and regional level Meetings were also held with senior officials of the Federal Service for the Execution of Punishments (FSIN) and the Federal Drug Control Service (FSKN) Further in Moscow and in most of the regions visited the delegation met senior officials of the Investigative Committee of the Russian Federation The delegation visited the following places of deprivation of liberty Police establishments Republic of Bashkortostan - Temporary Detention Centre (IVS) of the City Internal Affairs Department Ufa - IVS at the Police Division No 5 Ufa - Police Divisions Nos 1 4 6 and 7 Ufa - Blagoveshchensk District Internal Affairs Department Novosibirsk Region - IVS of the City Internal Affairs Department Novosibirsk - Police Divisions Nos 2 4 and 7 Novosibirsk Omsk Region - IVS of the City Internal Affairs Department Omsk - Police Divisions Nos 2 and 9 Omsk - Division of the Ministry of Internal Affairs for Omsk City District - Special Reception Centre for Persons under Administrative Arrest Omsk
12
Sverdlovsk Region - IVS of the City Internal Affairs Department Yekaterinburg - Police Divisions Nos 1 4 5 14 and 15 Yekaterinburg Federal Drug Control Service establishments - FSKN Directorate for Omsk Region Omsk - FSKN Directorate for Sverdlovsk Region Yekaterinburg The delegation also carried out interviews of newly-arrived remand prisoners in the following establishments under the Ministry of Justicersquos Federal Service for the Execution of Punishments - Pre-trial establishment (SIZO) No 1 Novosibirsk - SIZO No 1 Omsk
- SIZO No 1 Ufa SIZO No 1 Yekaterinburg Council of Europe anti-torture Committee publishes report on Slovenia Strasbourg 19072013 - The CPT has published today the report on its JanuaryFebruary 2012 visit to Slovenia The report has been made public at the request of the Slovenian authorities together with their response In the course of the visit the Committeersquos delegation examined the treatment and conditions of detention of persons held in police facilities prisons and psychiatric establishments The CPT received only a few isolated allegations of police ill-treatment they concerned excessive use of force in the context of apprehension and threats of physical ill-treatment during police questioning The material conditions of detention in police facilities were on the whole satisfactory As regards the prison system the CPT acknowledges the efforts made by the Slovenian authorities to increase the capacity of the prison estate however overcrowding continued to be a problem in some prisons In other aspects the material conditions of detention were generally adequate The Committee gained a particularly positive impression of the two newly-opened blocks at Dob Prison Particular attention is paid in the report to the regime of activities provided to inmates In this respect the Committee expresses concern about the situation of remand prisoners at Celje and Ljubljana Prisons as well as of prisoners held under the reinforced security regime at Celje and Dob Prisons The majority of these inmates spent most of the day locked-up in their cells with little to occupy themselves In their response the Slovenian authorities assure the Committee that efforts will be made to improve the existing arrangements By way of example in the second half of 2012 the regime for remand prisoners at Ljubljana Prison was relaxed so that now the inmates concerned may spend four hours a day on weekdays out of their cells With respect to psychiatry the CPT welcomes the adoption in July 2008 of the new Mental Health Act which inter alia reinforces the legal protection of patients in psychiatricsocial care institutions At Maribor Psychiatric Department the overwhelming majority of patients interviewed by the CPTrsquos delegation indicated that hospital staff had a caring attitude towards them However the delegation received a few allegations of physical ill-treatment of patients by nursing staff shortly after having been fixated to a bed The CPT also expresses misgivings about the fact that mechanical restraint was not always applied as a measure of last resort and that patients were on occasion subjected to fixation for prolonged periods In their response the Slovenian authorities state that a clear message has been delivered to nursing staff that no ill-treatment whatsoever of patients will be tolerated and that special training is being provided in handling aggressive andor agitated patients The CPTs report and the Slovenian authoritiesrsquo response are available on the Committees website httpwwwcptcoeint Forced return flights from the UK the European anti-torture committee publishes its first report Strasbourg 18072013 - The CPT publishes today its first report on an operation of deportation of foreign nationals by air The monitoring took place in the context of an ad hoc visit to the United Kingdom from 22 to 24 October 2012 and involved the presence of a CPT delegation on a charter flight between London and Colombo (Sri Lanka) In its report the CPT concludes that ldquoeach stage of the preparation of the removal process was carefully planned and organised staff were well briefed and every effort was made for the removal to be carried out in a humane wayrdquo However the CPT makes several recommendations and comments concerning both the preparation and execution phases of such operations The main issues raised concern the use of restraint by escort staff the presence of a medical doctor (instead of a paramedic or a nurse) on
13
board removal charter flights and the need for a ldquofit to fly certificaterdquo for persons to be deported In particular the CPT recommends that efforts be made for the revised training package for overseas escorts to be accredited and implemented at the earliest opportunity In their response the UK authorities indicate that an Independent Advisory Panel on Non-Compliance Management has been recruited to assess the quality and safety of the recently revised training package developed by the National Offender Management Service As regards the presence of a medical doctor on board the authorities indicate that ldquowhere indicated by risk assessment and where appropriate a doctor will be providedrdquo On the subject of the delivery of a ldquofit to fly certificaterdquo the authorities indicate that they do not consider it necessary ldquoto positively assert in all cases that a person is fit to fly based on the reasonable assumption that this will be the case in the vast majority of instancesrdquo Other important recommendations related to the presence of interpreters throughout the whole removal process (including on board the aircraft) as well as the provision of psychological support and counselling to better prepare the persons to be deported for their removal Recommendations are also made concerning the recruitment procedure of escort staff (which should include some form of psychological assessment) as well as the measures to be taken to avoid professional exhaustion syndrome and the risks related to routine and to ensure that escort staff maintain a certain emotional distance from the operational activities in which they are involved The CPT regrets that the Sri Lankan authorities did not allow its delegation to observe the hand-over of the returned detainees to local immigration staff The Committee invites the UK authorities to expressly address the issue of the role of monitoring bodies in readmission
agreements
The CPTs visit report and the response of the United Kingdom authorities are available on the Committees website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Malta Strasbourg 04072013 ndash The CPT has published today the report on its September 2011 visit to Malta together with the Maltese authoritiesrsquo response The visit mainly focused on Corradino Correctional Facility the only prison in Malta In certain parts of the prison material conditions of detention had significantly improved since the CPTrsquos previous visit in 2008 However major shortcomings were found once again in several other areas of the establishment (in particular as regards the state of repair of cells and access to natural light) The situation was further exacerbated by the prevailing overcrowding and the lack of organised activities for many prisoners The CPT has recommended in particular that a comprehensive plan to renovate the entire prison be drawn up as soon as possible The CPT also carried out follow-up visits to Lyster and Safi Barracks the only two detention centres for foreigners which were operational at the time of the visit In its report the Committee expresses concern about the frequency and seriousness of allegations received from foreign nationals about the force used by soldiers and police officers in the context of disturbances which had occurred in August 2011 at the Safi Detention Centre it has recommended that a comprehensive inquiry by an independent body be carried out into this matter At the Lyster Detention Centre the CPT observed improvements both in terms of material conditions and activities provided to foreign nationals However the conditions under which foreign nationals were being held in the two Warehouses at Safi Barracks remained very poor Further in both detention centres the health-care services were clearly insufficient Following a brief visit to Mount Carmel Psychiatric Hospital the CPT has expressed serious misgivings about the manner in which agitated or suicidal patients had on occasion been managed It has also made a number of specific recommendations to improve living conditions in the Forensic Ward and the Ward for Irregular Migrants In their response the Maltese authorities provide information on the action taken to address the recommendations made by the Committee on the issues described above
The CPTrsquos report and the response have been published at the request of the Maltese authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee publishes the Danish Governments response to the report on the visit to Greenland (September 2012) Strasbourg 03072013 - The CPT has published today the response of the Danish Government to the report on the Committeersquos ad hoc visit to Greenland in September 2012 The response has been made public at the request of the Danish authorities In its response the Danish Government provides information on the measures taken in the light of the recommendations made by the CPTrsquo
14
The CPTrsquos report on its visit to Greenland was made public in January 2013 The response is available on the Committees website wwwcptcoeint
32 Council of Europe Commissioner on Human Rights
lsquoTurkey police violence must not go unpunished Strasbourg 872013 - ldquoAll instances of excessive use of force by the police must be fully investigated and adequately punishedrdquo said Nils Muižnieks the Council of Europe Commissioner for Human Rights at the end of a five day visit to Istanbul and Ankara during which he discussed the Gezi Park events and other human rights issues The Commissioner recalled that according to the case-law of the European Court of Human Rights the failure to effectively investigate the misconduct of security forces was a human rights violation in itself and that Turkey had been condemned on numerous occasions by the Court precisely for this reason The Commissioner had received serious allegations of human rights violations committed by law enforcement forces against demonstrators backed up by witness accounts photos videos forensic evidence as well as the number of deaths and injuries over the course of the events Most of these reports concerned excessive and improper use of tear gas and ill-treatment by police at the time of apprehension On the other hand members of the government and security forces considered that the use of force had been proportionate in view of the actions of marginal groups hijacking the demonstrations except for isolated incidents which are under investigation [hellip] The Commissioner also noted that members of certain professional groups such as doctors lawyers academics teachers media professionals expressed fear of intimidation as well as of administrative and judicial measures against them as a result of their non-violent actions during the protests The Commissioner urged the Turkish authorities to allay these fears as a matter of urgency and to ensure that any perception of reprisals is averted The Commissioner also stated that there were certain shortcomings both in the Turkish legislation concerning the right to assembly and the role of law enforcement and its application by the competent authorities ldquoThe legislation and practice puts too much emphasis on the lawfulness of demonstrations as opposed to their peacefulness contrary to the European Convention on Human Rightsrdquo stated the Commissioner adding that the overwhelming majority of demonstrators in the Gezi Park events given the total participation of 25 million had thankfully been peaceful [hellip] The Commissioner also referred to his meetings with the newly established Ombudsman Office and the Turkish Human Rights Institution stating that the latest events provided a unique opportunity for these institutions to establish their credibility in the eyes of the Turkish public He stressed that citizens with grievances should also use the Ombudsman Office for redress including for actions of the security forces during demonstrationsrsquo The Commissionerrsquos report on his visit is forthcoming Press contact in the Commissionerrsquos Office Stefano Montanari stefanomontanaricoeint
33 Summaries of selected Article 3 cases before the European Court of Human Rights June and July 2013
AGAM DNM MKH MYH AND OTHERS NANS NMB NMY AND OTHERS SA V SWEDEN (NOS 7168010 2837911 7241310 5085910 6841110 6833510 7268610 6652310)
httphudocechrcoeintsitesengPagessearchaspxfulltext[AGAMDNMMKHMYH20AND20OTHERS]documentcollectionid2[GRANDCHAMBERCHAMBER]itemid[001-121571] 27 June 2013 ndash No violation of Article 2 and or Article 3 ndash No evidence to confirm that the
applicants would be exposed to a real risk of inhuman or degrading treatment or of becoming victims of honour-related crimes in the event of extradition in southern of central Iraq (for the applicants in the cases DNM and SA) or in Kurdistan (for the applicants in the other six cases)
15
All eight cases concerned the deportation of failed asylum-seekers originally from Baghdad Mosul and Kirkuk to Iraq The applicants in the cases DNM and SA alleged that if they were to be removed to Iraq they would be at risk of becoming victims of honour-related crimes due to their relations with women whom were disproved by their families while the other six applicants alleged that they would be at risk of persecution if deported to Iraq due to being Christian a religious minority in the country The Court noted that each of the applicantsrsquo claims had been examined and rejected by the Migration Board and the Migration Court particularly because the incidents of which the applicants were victim were mostly related to general security in Iraq at the time and that the applicants were not in need of asylum in Sweden since a number of years had since passed and the level of violence had thus declined The Court took into consideration the current national and international reports available and the gradual improvement that had been made Despite the applicantsrsquo personal circumstances (cases DNM and SA) and that their belonging to a vulnerable minority (the other six cases) would risk their lives and or facilitate inhuman or degrading treatment if removed the Court held that all ten applicants could relocate to other regions in Iraq such as Kurdistan in the north (concerning the six other cases) or to southern and central Iraq (cases DNM and SA) Therefore there would be no violation of Articles 2 and 3 of the Convention if the applicants were removed in southern or central Iraq or in Kurdistan
Horshill v Greece (application no7042711) httphudocechrcoeintsitesengPagessearchaspxfulltext[Horshill]languageisocode[FRA]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122973]
Detention of an asylum seeker in Greek police stations found to be degrading treatment incompatible with Article 3 of the Convention
In the Chamber judgment in the case of Horshill v Greece (application no7042711) the European Court of Human Rights held unanimously that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights The case concerned the placement in detention of Ismail Alfateh Horshill and the conditions in which he was detained The applicant a foreign national who was due to be deported was held successively for fifteen days in two police stations after having applied for asylum Pursuant to a decree transposing a directive from the Council of the European Union into national law Ismail Alfateh Horshill who had no travel documents was placed in detention by the Greek authorities Noting that the applicant had been released from detention after a short period of two weeks the Court considered that his detention had not been arbitrary and that it could not be concluded that it had not been ldquolawfulrdquo within the meaning of Article 5 sect 1 (f) of the Convention
Vinter and Others v United Kingdom - 6606909 13010 and 389610 Judgment 972013 [Grand Chamber]
httphudocechrcoeintsitesengPagessearchaspxfulltext[vinter]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122664] Article 3 The Grand Chamber agreed with and endorsed the Chamberrsquos finding that a grossly disproportionate sentence would violate Article 3 of the Convention although that test would be met only on rare and unique occasions In the instant case the applicants had not sought to argue that their whole life orders were grossly disproportionate instead they submitted that the absence of an in-built procedural requirement for a review constituted ill-treatment not only as the Chamber had found when there ceased to be legitimate penological grounds to justify continued detention but from the moment the order was made The Court reiterated that Contracting States must be allowed a margin of appreciation in deciding on the appropriate length of prison sentences for particular crimes and must remain free to impose life sentences on adult offenders for especially serious crimes However the imposition of an irreducible life sentence on an adult could raise an issue under Article 3 In determining whether a life sentence in a given case could be regarded as irreducible the Court would seek to ascertain whether the prisoner could be said to have any prospect of release Where national law afforded the possibility of review of a life sentence with a view to its
16
commutation remission termination or the conditional release of the prisoner that would be sufficient to satisfy Article 3 There were a number of reasons why for a life sentence to remain compatible with Article 3 there had to be both a prospect of release and a possibility of review Firstly it was axiomatic that a prisoner could not be detained unless there were legitimate penological grounds for that detention The balance between the justifications for detention was not necessarily static and could shift in the course of the sentence It was only by carrying out a review at an appropriate point in the sentence that these factors or shifts could be properly evaluated Secondly incarceration without any prospect of release or review carried the risk that the prisoner would never be able to atone for his offence whatever he did in prison and however exceptional his progress towards rehabilitation Thirdly it would be incompatible with human dignity for the State forcefully to deprive a person of his freedom without at least providing him with the chance to someday regain that freedom Moreover there was now clear support in European and international law for the principle that all prisoners including those serving life sentences should be offered the possibility of rehabilitation and the prospect of release if rehabilitation was achieved Accordingly Article 3 had to be interpreted as requiring reducibility of life sentences in the sense of a review allowing the domestic authorities to consider whether any changes in the life prisoner are so significant and such progress towards rehabilitation has been made in the course of the sentence as to mean that continued detention can no longer be justified on legitimate penological grounds While it was not the Courtrsquos task to prescribe the form (executive or judicial) which that review should take or to determine when it should take place the comparative and international law materials before it showed clear support for the institution of a dedicated mechanism guaranteeing a review no later than twenty-five years after the imposition of a life sentence with further periodic reviews thereafter A whole life sentence would not measure up to the standards of Article 3 where the domestic law did not provide for the possibility of such a review Lastly although the requisite review was a prospective event necessarily subsequent to the passing of the sentence a whole life prisoner should not be obliged to wait and serve an indeterminate number of years of his sentence before he could raise the complaint that the legal conditions attaching to his sentence failed to comply with the requirements of Article 3 Whole life prisoners were entitled to know at the outset of their sentence what they must do to be considered for release and under what conditions including when a review of their sentence will take place or may be sought Consequently where domestic law did not provide any mechanism or possibility for review of a whole life sentence the incompatibility with Article 3 on this ground already arose when the whole life sentence was imposed and not at a later stage of incarceration The Government had argued before the Court that the aim of the 2003 Act was to remove the executive from the decision-making process concerning life sentences and this was the reason for abolishing the 25-year review by the Home Secretary which had existed beforehand However the Court considered that it would have been more consistent with the legislative aim to provide that the 25-year review would be conducted within a judicial frame- work rather than completely eliminated The Court also found that the current law concerning the prospect of release of life prisoners in England and Wales was unclear Although section 30 of the 1997 Act gave the Justice Secretary the power to release any prisoner including one serving a whole life order the relevant Prison Service Order provided that release would only be ordered if a prisoner was terminally ill or physically incapacitated These were highly restrictive conditions and in the Courtrsquos view compassionate release of this kind would not be what was meant by a ldquoprospect of releaserdquo in Kafkaris In light therefore of this contrast between the broad wording of section 30 and the exhaustive conditions announced in the Prison Service Order as well as the absence of any dedicated review mechanism for whole life orders the Court was not persuaded that at the present time the applicantsrsquo life sentences could be regarded as reducible for the purposes of Article 3 The requirements of that provision had not therefore been met in relation to any of the three applicants The Court emphasised however that the finding of a violation in the applicantsrsquo cases should not be understood as giving them any prospect of imminent release Whether or not they should be released would depend for example on whether there were still legitimate penological grounds for their continued detention and whether they should continue to be detained on grounds of dangerous- ness These questions were not in issue in this case and were not the subject of argument before the Court Conclusion violation (sixteen votes to one) Article 41 Finding of a violation constituted sufficient just satisfaction for any non-pecuniary damage sustained by the first applicant No claim made by the other applicants
17
4 European Union and associated bodies
41 European Union Agency for Fundamental Rights (FRA)
June 2013 the European Court of Human Rights (ECtHR) and the European Union Agency for Fundamental Rights (FRA) published a joint Handbook on European law relating to asylum borders and immigration on 11 June lsquoIt examines the relevant law in the field of asylum borders and immigration stemming from both European systems the European Union and the Council of Europe It provides an accessible guide to the various European standards relevant to asylum borders and immigration The handbook is the second joint publication of this kind following a first handbook on non-discrimination issued in 2011 It is based on the case law of the European Court of Human Rights and the European Court of Justice as well as on the relevant EU regulations and directives It is also a first point of reference on the European Social Charter (ESC) and other instruments of the Council of Europe It is designed to assist legal practitioners at national and European level including lawyers judges prosecutors border guards immigration officials and others working with national authorities as well as non-governmental organisations and other bodies that may be confronted with legal questions in any of the areas the handbook sets out to coverrsquo The handbook is available at httpfraeuropaeusitesdefaultfileshandbook-law-asylum-migration-borders_enpdf
5 News from NGOs amp general updates
51 The Association for the Prevention of Torture Geneva (APT)
lsquoRights within the EU What role for European Institutions Monday September 16 2013 ldquoThe Treaties of the European Union state that the EU is founded on the value of respect for human rightsrdquo However much remains to be done for EU institutions to properly address gross human rights violations within the EU particularly the Council of the European Union This is the message that members of the Human Rights and Democracy Network which the APT is part of have sent to the representatives of all key EU institutions The letter singles out the EU Council Working Party on Fundamental Rights and Free Movement of Persons (FREMP) which has ldquobeen largely confined to negotiating the EU accession to the European Convention on Human Rightsrdquo rather than seeking to address serious human rights abuses within the European Union The letter concludes with a set of practical and constructive recommendations to the main EU institutions including the Council Commission Parliament and the Fundamental Rights Agency including strengthening the mandate of the latter The APT supports these recommendations and calls on remaining EU states that have not yet done so to ratify the Optional Protocol to the UN Convention against Torture (OPCAT) Presently 7 members of the EU (Belgium Finland Greece Ireland Latvia Lithuania and Slovakia) are not party to this innovative treaty The APT also calls on EU states that have established or designated National Preventive Mechanisms under the OPCAT to provide them with the necessary independence and resources as well as engaging in a constructive dialogue with these institutions to meaningfully reduce the risk of abuse on persons deprived of their libertyrsquo See more at httpwwwaptchennews_on_preventionrights-within-the-eu-what-role-for-european-institutionsUjnGb-DZn4Y lsquoExcessive use of pre-trial detention in the EU Tuesday September 10 2013 The APT today co-signed a letter sent to European Commission Vice-President Viviane Reding urging the Commission to take steps aimed at reducing the excessive periods of time people spend in pre-trial detention and to increase the use of alternatives
18
Across the European Union both the use and material conditions of pre-trial detention vary considerably and can have a very detrimental impact on persons deprived of their liberty Among other issues the letter calls on the Commission to take concrete steps to establish minimum and enforceable EU standards on pre-trial detention The letter is co-signed by 22 NGOs and has been copied to various relevant European Commission actorsrsquo lsquoInstitutional culture in detention a framework for preventive monitoring This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts It is the second in a series of thematic papers on aspects of detention monitoring which have so far been under-researched and received little attention They are the result of a joint project between the APT and Penal Reform International (PRI) with financial assistance of the UK Government and the European Unionrsquo See further details at httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17 Read more on the APT website at httpwwwaptch
52 Penal Reform International (PRI)
- Institutional culture in detention a framework for preventive monitoring
This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other forms of ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts This resource from PRI and the Association for the Prevention of Torture (APT) is designed to - raise awareness among monitoring bodies of the role of culture in places of detention in the prevention of torture and ill-treatment - provide a framework for understanding culture in places of detention - outline some common cultural attitudes that can represent risk factors for torture and ill-treatment - provide some examples of processes and factors that contribute to positive culture change in places of detention httpwwwpenalreformorgresourceinstitutional-culture-detention-framework-preventive-monitoring-3
- PRI briefing on complaints mechanisms in its Justice for Children series
Part of PRIs series of Justice for Children Briefings this resource explains a childs right to complain about his or her care treatment and conditions while deprived of their liberty Upholding the right to complain is very important for giving a voice to children in detention and for ensuring that their other human rights are protected The briefing looks at the basis of this right in international and regional treaties and standards and challenges to children in fulfilling this right It identifies key elements for creating an effective complaints mechanism and provides recommendations to ensure children can achieve their right to make complaints httpwwwpenalreformorgresourcechildren-deprived-liberty-complaints
- The Guide on gender-sensitive monitoring
The Guide is now also available in Spanish
httpwwwpenalreformorgresourcewomen-detention-guide-gendersensitive-monitoring
19
6 Immigration detention and monitoring updates
61 Council of Europe Immigration Issues
611 Migration Co-ordination Division update on work in the field of asylum and immigration
Recent editions of the Migration Co-ordination Newsletter were published in July and August 2013 The Newsletter provides a glance at some of the relevant Council of Europe activities on migration asylum and integration It will be published monthly and sent electronically to interested parties As we all know migration constitutes an ever-growing concern within the field of human rights and different aspects of migration profoundly affect social well-being In the foreseeable future these issues will only grow in importance and relevance across Europe Here the Council of Europe has a lot to offer The Migration Co-ordination Division hopes that this newsletter can give readers an insight into some of the debates and migration related activities as they unfolded at the Council in the months of June July and August The Newsletters are available at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp You can subscribe to future newsletters by sending an email to migration-newslettercoeint and you can search the archives for previous newsletters at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp Ukraine Efforts to improve policies and practices of detention of foreigners Strasbourg 4 July 2013 The Ukrainian authorities are engaged in serious efforts to bring their national policy and practice with regard to the detention of migrants and asylum-seekers in line with the Council of Europe standards A recent legislative initiative to amend several legal acts governing the status and the judicial protection of foreigners and stateless persons (draft law No 2743) emphasises the commitment of the Ukrainian government to ensure a judicial review of decisions depriving foreigners of their right to liberty The Council of Europe Migration Co-ordinator Christos Giakoumopoulos said the amendments which are currently examined by the Ukrainian parliament (Verhovna Rada) are an important step in ensuring compliance with Council of Europe norms as they are clearly inspired by the recommendations of the Committee of Ministers of the Council of Europe Moreover he said these amendments constitute a positive development in the process of the implementation of several judgements of the European Court of Human Rights such as for example the Soldatenko v Ukraine group of cases and the case of Nowak v Ukraine in which Ukraine was found in breach of the European Convention of Human Rights on account of unlawful detentions and lack of judicial control
62 Council of Europe Parliamentary Assembly (PACE) Migration Committee
Assistance to Syrian refugees after Lebanon PACE rapporteur continues visit to Turkey lsquoStrasbourg 21082013 ndash Jean-Marie Bockel (France EPPCD) who is preparing a report for the Parliamentary Assembly of the Council of Europe (PACE) on international assistance for Syrian refugees in Jordan Turkey Lebanon and Iraq today begins a fact-finding visit to Turkey (21 to 22 August 2013) following on from a visit to Lebanon (19-20 August) In Hatay (21-22 August) Mr Bockel will meet the Governor of Hatay and Turkish government officials ndash including from the Disaster and Emergency Management Presidency in the Prime Ministersrsquo Office ndash as well as representatives of the Red Crescent in Turkey He will also visit a local centre where refugees are accommodated and will speak to local residents about the impact of the refugee influx on the local community In Lebanon Mr Bockel met Syrian refugees in Alaawi (South Lebanon) and Ketermaya (Mount Lebanon) and discussed their situation with representatives of the UN High Commissioner for
20
Refugees and other NGOs working in the field During these exchanges of view he drew the authoritiesrsquo attention in particular to the situation of women and children Mr Bockelrsquos report is a follow-up to a current affairs debate held by the Assembly on this topic in April 2013rsquo For more details see httpassemblycoeintASPNewsManagerEMB_NewsManagerViewaspID=8977ampL=2
7 NPM discussion topic No 1 ldquothe monitoring of sobering-up detentionrdquo
71 Introduction
The thematic section for this Newsletter is on the experiences of NPMs regarding sobering-up detention The Polish NPM is currently preparing a thematic report and a conference regarding sobering-up stations and is looking for comparative experiences of monitoring such places from other CoE region NPMs In Poland these are institutions where drunk individuals are detained until they get sober for no longer than 24 hours In these places there is a non-stop medical service given to those people Those individuals are escorted there by the police because of their behaviour in public or at home The Polish NPM questions to the European NPM Network are
- how in your countries is the problem of care given to drunk people is solved - Where are drunk individuals placed (detained) if they are stopped by the Police - Can they leave those places anytime or they have to stay there till they are sober - What kind of care is given to them
The overview of responses to these questions form the European NPM Network members is below
72 Overview of responses from the European NPMs
- Response from the NPM of Luxembourg lsquoIn Luxemburg we have a very similar law regarding public drunkenness Following article 28 of the modified law from June 29th 1989 people that in a state of drunkenness cause public disorder or are likely to be harmful for themselves or others can be arrested by the police without intervention of a judge or an attorney for no longer than 24 hours Once arrested this people benefit from the full range of rights guaranteed to any other arrested person for criminal reasons (right to immediate assistance of a lawyer or consular assistance for foreigners right to call a family member inventory of their belongings fresh water supply etchellip) As for any other detainee the privation of liberty can only take place after a medical visit that generally takes place at the police station The surgeon in charge has to establish a written document stating that the concerned person does not present any corporal AND mental diseases making detention inappropriate or potentially harmful During the detention time those persons are under close survey (continuously by video and physically every hour at least all those verifications have to be noted down in real time indicating the time of control and the name of the controlling officer in a registry that is accessible at any time to the NPM and to the Inspectorate general of the Police) The Luxemburgish NPM already conducted several visits to police stations especially during the weekend nights Generally there was no noticeable problem The average time of privation of liberty cannot exceed 24 hours practically the detention time is very rarely superior to 6 hours In general people picked up during the night are released in the early morning hours The maximum time encountered by the Luxemburgish NPM was 165 hours immediately followed by a detention time of 825 hours There is no continuous medical survey in Luxemburg in case of a medical urgency people are immediately transferred to the next hospital which practically never happened until today as people with severe intoxications are detected by the medical visit prior to detention and are immediately transferred to a hospital
21
People arrested in Luxemburg on the legal basis above cannot leave the police station by their own decision liberation is depending upon the decision of the commanding police officer of the concerned station We also have another legal basis article 37 of the modified Police-law from May 31st 1999 entitling the police to arrest under the same conditions and restrictions as above anybody who by his ldquofoolishrdquo (insenseacute en french) behavior in public is likely to be harmful for himself or for others even without consumption of alcohol or drug abusersquo
- Response from the NPM of Slovenia
lsquoIn Republic of Slovenia there are no lsquosobering-up stationsrsquo per se However the police may order and carry out detention of a person under the influence of alcohol in certain cases for example as defined in the Minor Offences Act according to which (also) police officers may order detention when the perpetrator is caught committing minor offence under the influence of alcohol or other psychoactive substances and there is danger that (s)he will continue to commit minor offences such detention (which is not the only possible one involving the police) takes place in detention rooms at police stations and can last until the perpetrator becomes sober or capable to control behavior - but no longer than 12 hours Regarding lsquocare given to drunk peoplersquo in police detention ndash first of all police officers are bound to make sure that detained person gets medical aid if needed (injuries signs of alcohol poisoninghellip) or if the person demands so - this can be provided by medical personnel coming to place of detention itself or by taking the person to proper institution Police officer carrying out the detention is actually bound to take care of safety in general of the detained person for the duration of detention at least regular physical supervision is necessary but most often technical (audio and video) is provided too Drinkable water must be provided at all times and generally also one cold meal If the person is brought in wearing wet or in any other way unsuitable clothing (given the season weather conditionshellip) police officer must provide the person with proper clothes or footwear for the duration of the detention Certain standards are prescribed for the detention rooms themselves also ndash in cases of detention of up to 12 hours the floor shall not be slippery air temperature shall not be under 18 degrees Celsius in any case the room shall be equipped with toilet facilities unbreakable wash-hand basin and fixed bed with impermeable inflammable and untearable pillow and two blankets All circumstances regarding the detention (condition of the person carried out physical supervisions provided clothing food etc) are to be also carefully documentedrsquo
- Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo
lsquoIn our Law of Police is regulated this question The police officer may detain a person under the influence of alcohol or other psychoactive substances under terms and conditions determined by special law and the detention can last up to 8 hours With this article is limited time of detention because for criminal acts detention in police station is maximum 24 hours ( 12 hours for juveniles) Person under the influence of alcohol has the same rights like other detainees We dont have special places for detention of intoxicated people and police use regular detention places in the police stations Pursuant to the Rulebook on the Manner of Performance of Police duties and the Standard Operating Procedures for Detention and Treatment of Detainees the head of shift (police officer for admission) is responsible for admission of persons giving advice on realization of hisher rights including continuous monitoring during the detention for the purpose of ensuring the detained personsrsquo safety in the police station So people who are detained in Police station have right for food and water right to an attorney and informing the family right to medical assistance The shift manager is obligated to assess the health status of detained persons upon admission and record the same in the detention report The shift manager records any visible injuries visible signs of illness influence of alcohol or psychotropic substances thereby assessing whether medical attention is required In case of serious injuries or if the detainee complains for pain or injuries the right to medical assistance is of priority and it is undertaken before any other activity For most of the police stations it was concluded that in cases when there is higher blood alcohol content among the detainees a doctor was not called by the shift manager and in that line the NPM gave a recommendation that a doctor should be called no matter whether the person asks for medical assistance This should be made in order to act in line with the temporary protection of the health of the person deprived of liberty
22
In our report for 2012 we have thematic part about People detained in police stations ndash alcohol abusers Here is our opinion The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed In four of the folders for detainees in PS ____ it was assessed that the people were drunk in the limits of 1 50 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officers Regarding your questions in my country we dont have special places for drunk people and they are placed in police station in period of 8 hours without possibility to leave before they sober up and permission by head of shift If they have visible injuries or ask for medical help its called doctor but we suggested hat the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of libertyrsquo
- Response from the NPM of Georgia
lsquoSince the Soviet period Georgia had no special institution for drunken individuals According to the Georgian legislation being under the influence of alcohol per se doesnrsquot constitute an infraction Although last year in one region Akhalkalaki the Georgian NPM revealed a vicious practice ndash drunken individuals were detained by the police and held in a police station without being registered in any special registry until next morning The fact has been mentioned in the Public Defenderrsquos Report for 2012 and the abolition of this kind of practice has been recommended to the Minister of Internal Affairs In general if a detained person has any kind of medical concern an officer in charge calls the emergency service the detainee could even be transferred to hospital for example in case of acute alcoholic intoxicationrsquo
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo
81 Introduction
The Luxembourg NPM contacted the European NPM Network regarding vulnerable groups in prison as it is about to prepare a mission on its national prisons specially focused on the respect of the rights and the treatment of particularly vulnerable categories of prisoners and wanted to draw upon other comparative NPM experiences The NPM was in particular focused on the following categories vulnerable groups middot lsquoPrisoners living in detention without interruption for more than 10 years middot Prisoners recently condemned to a sentence of 15 years minimum middot Prisoners recently condemned to a very short sentence (9 months maximum) middot Older prisoners minimum age of 55 years
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
10
Human Rights Committee httpwww2ohchrorgenglishbodieshrcHRCommitteeCaseLawhtm Committee on the Elimination of Racial Discrimination httpwww2ohchrorgenglishbodiescerdjurisprudencehtm Committee on the Elimination of Discrimination against Women httpwww2ohchrorgenglishlawjurisprudencehtm Committee on the Rights of Persons with Disabilities httpwwwohchrorgENHRBodiesCRPDPagesJurisprudenceaspx Committee against Torture (soon in the new format) httpwww2ohchrorgenglishbodiescatjurisprudencehtm
3 Council of Europe
31 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
lsquoCouncil of Europe anti-torture Committee publishes report on Latvia Strasbourg 27082013 ndash The CPT has published today the report on its visit to Latvia carried out in September 2011 The report has been made public at the request of the Latvian authorities together with their responses In the course of the 2011 visit the CPTrsquos delegation received a number of allegations from detained persons of physical ill-treatment by the police (consisting mainly of punches kicks and inappropriate use of truncheons) at the time of apprehension and during questioning Some of these allegations were corroborated by the delegationrsquos own medical observations and other medical evidence The CPT concludes in the report that persons in police custody continue to face a certain degree of risk of being subjected to ill-treatment and calls on the Latvian authorities to exercise constant vigilance in this area As regards conditions of detention in police establishments the Committee emphasises that the conditions in some of the detention facilities visited were so poor that they could be considered as amounting to inhuman and degrading treatment In their response the Latvian authorities refer to training and education programmes offered to police officers on various subjects including the prohibition of torture and inhuman or degrading treatment interrogation techniques and the use of physical force special means and weapons Information is also provided on measures taken to improve material conditions in several police detention facilities As regards the situation in prisons the vast majority of prisoners interviewed made no allegations of physical ill-treatment by staff nevertheless some allegations were received in particular at Jelgava Prison It transpired that inter-prisoner violence was a problem in all the establishments visited in the Committeersquos view certain factors contributed to this phenomenon including large-capacity accommodation units cramped conditions in multi-occupancy cells (and consequential stress among prisoners) limited possibilities for most prisoners to occupy themselves and insufficient staffing levels As for the provision of health care to prisoners a number of major shortcomings (eg insufficient health-care staff severe shortage of medication problematic access to specialist care etc) were observed with many inmates being denied effective health care Particular attention is paid in the report to the situation of life-sentenced prisoners The CPT commends the steps taken by the Latvian authorities to improve material conditions of detention for this category of inmates and to develop a regime of activities for life-sentenced prisoners on the medium and high regime levels However the regime applied to life-sentenced prisoners on the low regime level (about 65 percent of all such prisoners) remains very impoverished the vast majority of them being confined to their cells for up to 23 hours per day Further the Committee stresses once again that it can see no justification for the systematic handcuffing of almost all life-sentenced prisoners whenever they were escorted inside the prison it calls upon the Latvian authorities to carry out a proper individual risk assessment in respect of these prisoners with a view to adjusting the security measures applied to them accordingly In their response the Latvian authorities provide information on the measures they have taken or intend to take in order to address the recommendations made by the CPT on the issues described above The report also examines the treatment and living conditions of patients at a psychiatric clinic and of residents at a social care home as well as the legal safeguards in the context of admission procedures The CPTrsquos visit report and the responses of the Latvian authorities are available on the Committees website wwwcptcoeint
11
Council of Europe anti-torture Committee publishes the Dutch Governments response to the report on the 2011 visit Strasbourg - 21082013 - The CPT has published today the response of the Dutch Government to the report on the CPTs most recent visit to the Netherlands in October 2011 The response has already been made public by the Dutch authorities The CPTs report on the 2011 visit to the Netherlands was published in August 2012 The response is available on the Committeersquos website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Georgia Strasbourg 31072013 ndash The CPT has published today the report on its November 2012 ad hoc visit to Georgia together with the Georgian authoritiesrsquo response High-level talks held during the CPTrsquos visit mainly focused on the effectiveness of criminal investigations launched following the publication on 18 September 2012 of video material containing scenes of apparent serious ill-treatment of prisoners by staff in certain penitentiary establishments The legislative administrative and other steps being taken (and planned) by the Georgian authorities in respect of the countryrsquos prison system were also discussed In its report the CPT welcomes the wide-scale prison amnesty while stressing that the problems of prison overcrowding and prison population inflation cannot be addressed in a comprehensive and lasting way through the use of such exceptional measures a strategy for the sustainable reduction of the prison population should include a variety of steps to ensure that imprisonment really is the measure of last resort The CPT has also made several recommendations concerning the two prisons visited by the delegation (in Gldani and Kutaisi) and on other issues related with the prison system especially the prison health-care services In their response the Georgian authorities provide information on the progress and outcome of the above-mentioned criminal investigations as well as on measures being taken to reform the Georgian prison system Those measures include steps to further reduce the prison population renovate existing prisons and build new establishments develop the programmes of activities for both sentenced and remand prisoners and improve prison staff training The response also contains information on the Strategy and Action Plan for Prison Health-care Reform for the period 2013 ndash 2014 The CPTrsquos report and the response have been published at the request of the Georgian authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee visits the Russian Federation Strasbourg 23072013 ndash A delegation of the CPT carried out an ad hoc visit to the Russian Federation from 9 to 19 July 2013 The main objective of the visit was to review the implementation of recommendations made after previous visits regarding the treatment of persons deprived of their liberty by law enforcement agencies For this purpose the delegation interviewed numerous detained persons who had recently been or were still in the custody of the police or other law enforcement agencies it also examined relevant documentation including investigation files concerning complaints about ill-treatment by staff of those agencies In the course of the visit the delegation held consultations with Alexandr GOROVOY First Deputy Minister of Internal Affairs and Maxim TRAVNIKOV Deputy Minister of Justice as well as with other senior officials of the above-mentioned Ministries at both the federal and regional level Meetings were also held with senior officials of the Federal Service for the Execution of Punishments (FSIN) and the Federal Drug Control Service (FSKN) Further in Moscow and in most of the regions visited the delegation met senior officials of the Investigative Committee of the Russian Federation The delegation visited the following places of deprivation of liberty Police establishments Republic of Bashkortostan - Temporary Detention Centre (IVS) of the City Internal Affairs Department Ufa - IVS at the Police Division No 5 Ufa - Police Divisions Nos 1 4 6 and 7 Ufa - Blagoveshchensk District Internal Affairs Department Novosibirsk Region - IVS of the City Internal Affairs Department Novosibirsk - Police Divisions Nos 2 4 and 7 Novosibirsk Omsk Region - IVS of the City Internal Affairs Department Omsk - Police Divisions Nos 2 and 9 Omsk - Division of the Ministry of Internal Affairs for Omsk City District - Special Reception Centre for Persons under Administrative Arrest Omsk
12
Sverdlovsk Region - IVS of the City Internal Affairs Department Yekaterinburg - Police Divisions Nos 1 4 5 14 and 15 Yekaterinburg Federal Drug Control Service establishments - FSKN Directorate for Omsk Region Omsk - FSKN Directorate for Sverdlovsk Region Yekaterinburg The delegation also carried out interviews of newly-arrived remand prisoners in the following establishments under the Ministry of Justicersquos Federal Service for the Execution of Punishments - Pre-trial establishment (SIZO) No 1 Novosibirsk - SIZO No 1 Omsk
- SIZO No 1 Ufa SIZO No 1 Yekaterinburg Council of Europe anti-torture Committee publishes report on Slovenia Strasbourg 19072013 - The CPT has published today the report on its JanuaryFebruary 2012 visit to Slovenia The report has been made public at the request of the Slovenian authorities together with their response In the course of the visit the Committeersquos delegation examined the treatment and conditions of detention of persons held in police facilities prisons and psychiatric establishments The CPT received only a few isolated allegations of police ill-treatment they concerned excessive use of force in the context of apprehension and threats of physical ill-treatment during police questioning The material conditions of detention in police facilities were on the whole satisfactory As regards the prison system the CPT acknowledges the efforts made by the Slovenian authorities to increase the capacity of the prison estate however overcrowding continued to be a problem in some prisons In other aspects the material conditions of detention were generally adequate The Committee gained a particularly positive impression of the two newly-opened blocks at Dob Prison Particular attention is paid in the report to the regime of activities provided to inmates In this respect the Committee expresses concern about the situation of remand prisoners at Celje and Ljubljana Prisons as well as of prisoners held under the reinforced security regime at Celje and Dob Prisons The majority of these inmates spent most of the day locked-up in their cells with little to occupy themselves In their response the Slovenian authorities assure the Committee that efforts will be made to improve the existing arrangements By way of example in the second half of 2012 the regime for remand prisoners at Ljubljana Prison was relaxed so that now the inmates concerned may spend four hours a day on weekdays out of their cells With respect to psychiatry the CPT welcomes the adoption in July 2008 of the new Mental Health Act which inter alia reinforces the legal protection of patients in psychiatricsocial care institutions At Maribor Psychiatric Department the overwhelming majority of patients interviewed by the CPTrsquos delegation indicated that hospital staff had a caring attitude towards them However the delegation received a few allegations of physical ill-treatment of patients by nursing staff shortly after having been fixated to a bed The CPT also expresses misgivings about the fact that mechanical restraint was not always applied as a measure of last resort and that patients were on occasion subjected to fixation for prolonged periods In their response the Slovenian authorities state that a clear message has been delivered to nursing staff that no ill-treatment whatsoever of patients will be tolerated and that special training is being provided in handling aggressive andor agitated patients The CPTs report and the Slovenian authoritiesrsquo response are available on the Committees website httpwwwcptcoeint Forced return flights from the UK the European anti-torture committee publishes its first report Strasbourg 18072013 - The CPT publishes today its first report on an operation of deportation of foreign nationals by air The monitoring took place in the context of an ad hoc visit to the United Kingdom from 22 to 24 October 2012 and involved the presence of a CPT delegation on a charter flight between London and Colombo (Sri Lanka) In its report the CPT concludes that ldquoeach stage of the preparation of the removal process was carefully planned and organised staff were well briefed and every effort was made for the removal to be carried out in a humane wayrdquo However the CPT makes several recommendations and comments concerning both the preparation and execution phases of such operations The main issues raised concern the use of restraint by escort staff the presence of a medical doctor (instead of a paramedic or a nurse) on
13
board removal charter flights and the need for a ldquofit to fly certificaterdquo for persons to be deported In particular the CPT recommends that efforts be made for the revised training package for overseas escorts to be accredited and implemented at the earliest opportunity In their response the UK authorities indicate that an Independent Advisory Panel on Non-Compliance Management has been recruited to assess the quality and safety of the recently revised training package developed by the National Offender Management Service As regards the presence of a medical doctor on board the authorities indicate that ldquowhere indicated by risk assessment and where appropriate a doctor will be providedrdquo On the subject of the delivery of a ldquofit to fly certificaterdquo the authorities indicate that they do not consider it necessary ldquoto positively assert in all cases that a person is fit to fly based on the reasonable assumption that this will be the case in the vast majority of instancesrdquo Other important recommendations related to the presence of interpreters throughout the whole removal process (including on board the aircraft) as well as the provision of psychological support and counselling to better prepare the persons to be deported for their removal Recommendations are also made concerning the recruitment procedure of escort staff (which should include some form of psychological assessment) as well as the measures to be taken to avoid professional exhaustion syndrome and the risks related to routine and to ensure that escort staff maintain a certain emotional distance from the operational activities in which they are involved The CPT regrets that the Sri Lankan authorities did not allow its delegation to observe the hand-over of the returned detainees to local immigration staff The Committee invites the UK authorities to expressly address the issue of the role of monitoring bodies in readmission
agreements
The CPTs visit report and the response of the United Kingdom authorities are available on the Committees website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Malta Strasbourg 04072013 ndash The CPT has published today the report on its September 2011 visit to Malta together with the Maltese authoritiesrsquo response The visit mainly focused on Corradino Correctional Facility the only prison in Malta In certain parts of the prison material conditions of detention had significantly improved since the CPTrsquos previous visit in 2008 However major shortcomings were found once again in several other areas of the establishment (in particular as regards the state of repair of cells and access to natural light) The situation was further exacerbated by the prevailing overcrowding and the lack of organised activities for many prisoners The CPT has recommended in particular that a comprehensive plan to renovate the entire prison be drawn up as soon as possible The CPT also carried out follow-up visits to Lyster and Safi Barracks the only two detention centres for foreigners which were operational at the time of the visit In its report the Committee expresses concern about the frequency and seriousness of allegations received from foreign nationals about the force used by soldiers and police officers in the context of disturbances which had occurred in August 2011 at the Safi Detention Centre it has recommended that a comprehensive inquiry by an independent body be carried out into this matter At the Lyster Detention Centre the CPT observed improvements both in terms of material conditions and activities provided to foreign nationals However the conditions under which foreign nationals were being held in the two Warehouses at Safi Barracks remained very poor Further in both detention centres the health-care services were clearly insufficient Following a brief visit to Mount Carmel Psychiatric Hospital the CPT has expressed serious misgivings about the manner in which agitated or suicidal patients had on occasion been managed It has also made a number of specific recommendations to improve living conditions in the Forensic Ward and the Ward for Irregular Migrants In their response the Maltese authorities provide information on the action taken to address the recommendations made by the Committee on the issues described above
The CPTrsquos report and the response have been published at the request of the Maltese authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee publishes the Danish Governments response to the report on the visit to Greenland (September 2012) Strasbourg 03072013 - The CPT has published today the response of the Danish Government to the report on the Committeersquos ad hoc visit to Greenland in September 2012 The response has been made public at the request of the Danish authorities In its response the Danish Government provides information on the measures taken in the light of the recommendations made by the CPTrsquo
14
The CPTrsquos report on its visit to Greenland was made public in January 2013 The response is available on the Committees website wwwcptcoeint
32 Council of Europe Commissioner on Human Rights
lsquoTurkey police violence must not go unpunished Strasbourg 872013 - ldquoAll instances of excessive use of force by the police must be fully investigated and adequately punishedrdquo said Nils Muižnieks the Council of Europe Commissioner for Human Rights at the end of a five day visit to Istanbul and Ankara during which he discussed the Gezi Park events and other human rights issues The Commissioner recalled that according to the case-law of the European Court of Human Rights the failure to effectively investigate the misconduct of security forces was a human rights violation in itself and that Turkey had been condemned on numerous occasions by the Court precisely for this reason The Commissioner had received serious allegations of human rights violations committed by law enforcement forces against demonstrators backed up by witness accounts photos videos forensic evidence as well as the number of deaths and injuries over the course of the events Most of these reports concerned excessive and improper use of tear gas and ill-treatment by police at the time of apprehension On the other hand members of the government and security forces considered that the use of force had been proportionate in view of the actions of marginal groups hijacking the demonstrations except for isolated incidents which are under investigation [hellip] The Commissioner also noted that members of certain professional groups such as doctors lawyers academics teachers media professionals expressed fear of intimidation as well as of administrative and judicial measures against them as a result of their non-violent actions during the protests The Commissioner urged the Turkish authorities to allay these fears as a matter of urgency and to ensure that any perception of reprisals is averted The Commissioner also stated that there were certain shortcomings both in the Turkish legislation concerning the right to assembly and the role of law enforcement and its application by the competent authorities ldquoThe legislation and practice puts too much emphasis on the lawfulness of demonstrations as opposed to their peacefulness contrary to the European Convention on Human Rightsrdquo stated the Commissioner adding that the overwhelming majority of demonstrators in the Gezi Park events given the total participation of 25 million had thankfully been peaceful [hellip] The Commissioner also referred to his meetings with the newly established Ombudsman Office and the Turkish Human Rights Institution stating that the latest events provided a unique opportunity for these institutions to establish their credibility in the eyes of the Turkish public He stressed that citizens with grievances should also use the Ombudsman Office for redress including for actions of the security forces during demonstrationsrsquo The Commissionerrsquos report on his visit is forthcoming Press contact in the Commissionerrsquos Office Stefano Montanari stefanomontanaricoeint
33 Summaries of selected Article 3 cases before the European Court of Human Rights June and July 2013
AGAM DNM MKH MYH AND OTHERS NANS NMB NMY AND OTHERS SA V SWEDEN (NOS 7168010 2837911 7241310 5085910 6841110 6833510 7268610 6652310)
httphudocechrcoeintsitesengPagessearchaspxfulltext[AGAMDNMMKHMYH20AND20OTHERS]documentcollectionid2[GRANDCHAMBERCHAMBER]itemid[001-121571] 27 June 2013 ndash No violation of Article 2 and or Article 3 ndash No evidence to confirm that the
applicants would be exposed to a real risk of inhuman or degrading treatment or of becoming victims of honour-related crimes in the event of extradition in southern of central Iraq (for the applicants in the cases DNM and SA) or in Kurdistan (for the applicants in the other six cases)
15
All eight cases concerned the deportation of failed asylum-seekers originally from Baghdad Mosul and Kirkuk to Iraq The applicants in the cases DNM and SA alleged that if they were to be removed to Iraq they would be at risk of becoming victims of honour-related crimes due to their relations with women whom were disproved by their families while the other six applicants alleged that they would be at risk of persecution if deported to Iraq due to being Christian a religious minority in the country The Court noted that each of the applicantsrsquo claims had been examined and rejected by the Migration Board and the Migration Court particularly because the incidents of which the applicants were victim were mostly related to general security in Iraq at the time and that the applicants were not in need of asylum in Sweden since a number of years had since passed and the level of violence had thus declined The Court took into consideration the current national and international reports available and the gradual improvement that had been made Despite the applicantsrsquo personal circumstances (cases DNM and SA) and that their belonging to a vulnerable minority (the other six cases) would risk their lives and or facilitate inhuman or degrading treatment if removed the Court held that all ten applicants could relocate to other regions in Iraq such as Kurdistan in the north (concerning the six other cases) or to southern and central Iraq (cases DNM and SA) Therefore there would be no violation of Articles 2 and 3 of the Convention if the applicants were removed in southern or central Iraq or in Kurdistan
Horshill v Greece (application no7042711) httphudocechrcoeintsitesengPagessearchaspxfulltext[Horshill]languageisocode[FRA]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122973]
Detention of an asylum seeker in Greek police stations found to be degrading treatment incompatible with Article 3 of the Convention
In the Chamber judgment in the case of Horshill v Greece (application no7042711) the European Court of Human Rights held unanimously that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights The case concerned the placement in detention of Ismail Alfateh Horshill and the conditions in which he was detained The applicant a foreign national who was due to be deported was held successively for fifteen days in two police stations after having applied for asylum Pursuant to a decree transposing a directive from the Council of the European Union into national law Ismail Alfateh Horshill who had no travel documents was placed in detention by the Greek authorities Noting that the applicant had been released from detention after a short period of two weeks the Court considered that his detention had not been arbitrary and that it could not be concluded that it had not been ldquolawfulrdquo within the meaning of Article 5 sect 1 (f) of the Convention
Vinter and Others v United Kingdom - 6606909 13010 and 389610 Judgment 972013 [Grand Chamber]
httphudocechrcoeintsitesengPagessearchaspxfulltext[vinter]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122664] Article 3 The Grand Chamber agreed with and endorsed the Chamberrsquos finding that a grossly disproportionate sentence would violate Article 3 of the Convention although that test would be met only on rare and unique occasions In the instant case the applicants had not sought to argue that their whole life orders were grossly disproportionate instead they submitted that the absence of an in-built procedural requirement for a review constituted ill-treatment not only as the Chamber had found when there ceased to be legitimate penological grounds to justify continued detention but from the moment the order was made The Court reiterated that Contracting States must be allowed a margin of appreciation in deciding on the appropriate length of prison sentences for particular crimes and must remain free to impose life sentences on adult offenders for especially serious crimes However the imposition of an irreducible life sentence on an adult could raise an issue under Article 3 In determining whether a life sentence in a given case could be regarded as irreducible the Court would seek to ascertain whether the prisoner could be said to have any prospect of release Where national law afforded the possibility of review of a life sentence with a view to its
16
commutation remission termination or the conditional release of the prisoner that would be sufficient to satisfy Article 3 There were a number of reasons why for a life sentence to remain compatible with Article 3 there had to be both a prospect of release and a possibility of review Firstly it was axiomatic that a prisoner could not be detained unless there were legitimate penological grounds for that detention The balance between the justifications for detention was not necessarily static and could shift in the course of the sentence It was only by carrying out a review at an appropriate point in the sentence that these factors or shifts could be properly evaluated Secondly incarceration without any prospect of release or review carried the risk that the prisoner would never be able to atone for his offence whatever he did in prison and however exceptional his progress towards rehabilitation Thirdly it would be incompatible with human dignity for the State forcefully to deprive a person of his freedom without at least providing him with the chance to someday regain that freedom Moreover there was now clear support in European and international law for the principle that all prisoners including those serving life sentences should be offered the possibility of rehabilitation and the prospect of release if rehabilitation was achieved Accordingly Article 3 had to be interpreted as requiring reducibility of life sentences in the sense of a review allowing the domestic authorities to consider whether any changes in the life prisoner are so significant and such progress towards rehabilitation has been made in the course of the sentence as to mean that continued detention can no longer be justified on legitimate penological grounds While it was not the Courtrsquos task to prescribe the form (executive or judicial) which that review should take or to determine when it should take place the comparative and international law materials before it showed clear support for the institution of a dedicated mechanism guaranteeing a review no later than twenty-five years after the imposition of a life sentence with further periodic reviews thereafter A whole life sentence would not measure up to the standards of Article 3 where the domestic law did not provide for the possibility of such a review Lastly although the requisite review was a prospective event necessarily subsequent to the passing of the sentence a whole life prisoner should not be obliged to wait and serve an indeterminate number of years of his sentence before he could raise the complaint that the legal conditions attaching to his sentence failed to comply with the requirements of Article 3 Whole life prisoners were entitled to know at the outset of their sentence what they must do to be considered for release and under what conditions including when a review of their sentence will take place or may be sought Consequently where domestic law did not provide any mechanism or possibility for review of a whole life sentence the incompatibility with Article 3 on this ground already arose when the whole life sentence was imposed and not at a later stage of incarceration The Government had argued before the Court that the aim of the 2003 Act was to remove the executive from the decision-making process concerning life sentences and this was the reason for abolishing the 25-year review by the Home Secretary which had existed beforehand However the Court considered that it would have been more consistent with the legislative aim to provide that the 25-year review would be conducted within a judicial frame- work rather than completely eliminated The Court also found that the current law concerning the prospect of release of life prisoners in England and Wales was unclear Although section 30 of the 1997 Act gave the Justice Secretary the power to release any prisoner including one serving a whole life order the relevant Prison Service Order provided that release would only be ordered if a prisoner was terminally ill or physically incapacitated These were highly restrictive conditions and in the Courtrsquos view compassionate release of this kind would not be what was meant by a ldquoprospect of releaserdquo in Kafkaris In light therefore of this contrast between the broad wording of section 30 and the exhaustive conditions announced in the Prison Service Order as well as the absence of any dedicated review mechanism for whole life orders the Court was not persuaded that at the present time the applicantsrsquo life sentences could be regarded as reducible for the purposes of Article 3 The requirements of that provision had not therefore been met in relation to any of the three applicants The Court emphasised however that the finding of a violation in the applicantsrsquo cases should not be understood as giving them any prospect of imminent release Whether or not they should be released would depend for example on whether there were still legitimate penological grounds for their continued detention and whether they should continue to be detained on grounds of dangerous- ness These questions were not in issue in this case and were not the subject of argument before the Court Conclusion violation (sixteen votes to one) Article 41 Finding of a violation constituted sufficient just satisfaction for any non-pecuniary damage sustained by the first applicant No claim made by the other applicants
17
4 European Union and associated bodies
41 European Union Agency for Fundamental Rights (FRA)
June 2013 the European Court of Human Rights (ECtHR) and the European Union Agency for Fundamental Rights (FRA) published a joint Handbook on European law relating to asylum borders and immigration on 11 June lsquoIt examines the relevant law in the field of asylum borders and immigration stemming from both European systems the European Union and the Council of Europe It provides an accessible guide to the various European standards relevant to asylum borders and immigration The handbook is the second joint publication of this kind following a first handbook on non-discrimination issued in 2011 It is based on the case law of the European Court of Human Rights and the European Court of Justice as well as on the relevant EU regulations and directives It is also a first point of reference on the European Social Charter (ESC) and other instruments of the Council of Europe It is designed to assist legal practitioners at national and European level including lawyers judges prosecutors border guards immigration officials and others working with national authorities as well as non-governmental organisations and other bodies that may be confronted with legal questions in any of the areas the handbook sets out to coverrsquo The handbook is available at httpfraeuropaeusitesdefaultfileshandbook-law-asylum-migration-borders_enpdf
5 News from NGOs amp general updates
51 The Association for the Prevention of Torture Geneva (APT)
lsquoRights within the EU What role for European Institutions Monday September 16 2013 ldquoThe Treaties of the European Union state that the EU is founded on the value of respect for human rightsrdquo However much remains to be done for EU institutions to properly address gross human rights violations within the EU particularly the Council of the European Union This is the message that members of the Human Rights and Democracy Network which the APT is part of have sent to the representatives of all key EU institutions The letter singles out the EU Council Working Party on Fundamental Rights and Free Movement of Persons (FREMP) which has ldquobeen largely confined to negotiating the EU accession to the European Convention on Human Rightsrdquo rather than seeking to address serious human rights abuses within the European Union The letter concludes with a set of practical and constructive recommendations to the main EU institutions including the Council Commission Parliament and the Fundamental Rights Agency including strengthening the mandate of the latter The APT supports these recommendations and calls on remaining EU states that have not yet done so to ratify the Optional Protocol to the UN Convention against Torture (OPCAT) Presently 7 members of the EU (Belgium Finland Greece Ireland Latvia Lithuania and Slovakia) are not party to this innovative treaty The APT also calls on EU states that have established or designated National Preventive Mechanisms under the OPCAT to provide them with the necessary independence and resources as well as engaging in a constructive dialogue with these institutions to meaningfully reduce the risk of abuse on persons deprived of their libertyrsquo See more at httpwwwaptchennews_on_preventionrights-within-the-eu-what-role-for-european-institutionsUjnGb-DZn4Y lsquoExcessive use of pre-trial detention in the EU Tuesday September 10 2013 The APT today co-signed a letter sent to European Commission Vice-President Viviane Reding urging the Commission to take steps aimed at reducing the excessive periods of time people spend in pre-trial detention and to increase the use of alternatives
18
Across the European Union both the use and material conditions of pre-trial detention vary considerably and can have a very detrimental impact on persons deprived of their liberty Among other issues the letter calls on the Commission to take concrete steps to establish minimum and enforceable EU standards on pre-trial detention The letter is co-signed by 22 NGOs and has been copied to various relevant European Commission actorsrsquo lsquoInstitutional culture in detention a framework for preventive monitoring This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts It is the second in a series of thematic papers on aspects of detention monitoring which have so far been under-researched and received little attention They are the result of a joint project between the APT and Penal Reform International (PRI) with financial assistance of the UK Government and the European Unionrsquo See further details at httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17 Read more on the APT website at httpwwwaptch
52 Penal Reform International (PRI)
- Institutional culture in detention a framework for preventive monitoring
This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other forms of ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts This resource from PRI and the Association for the Prevention of Torture (APT) is designed to - raise awareness among monitoring bodies of the role of culture in places of detention in the prevention of torture and ill-treatment - provide a framework for understanding culture in places of detention - outline some common cultural attitudes that can represent risk factors for torture and ill-treatment - provide some examples of processes and factors that contribute to positive culture change in places of detention httpwwwpenalreformorgresourceinstitutional-culture-detention-framework-preventive-monitoring-3
- PRI briefing on complaints mechanisms in its Justice for Children series
Part of PRIs series of Justice for Children Briefings this resource explains a childs right to complain about his or her care treatment and conditions while deprived of their liberty Upholding the right to complain is very important for giving a voice to children in detention and for ensuring that their other human rights are protected The briefing looks at the basis of this right in international and regional treaties and standards and challenges to children in fulfilling this right It identifies key elements for creating an effective complaints mechanism and provides recommendations to ensure children can achieve their right to make complaints httpwwwpenalreformorgresourcechildren-deprived-liberty-complaints
- The Guide on gender-sensitive monitoring
The Guide is now also available in Spanish
httpwwwpenalreformorgresourcewomen-detention-guide-gendersensitive-monitoring
19
6 Immigration detention and monitoring updates
61 Council of Europe Immigration Issues
611 Migration Co-ordination Division update on work in the field of asylum and immigration
Recent editions of the Migration Co-ordination Newsletter were published in July and August 2013 The Newsletter provides a glance at some of the relevant Council of Europe activities on migration asylum and integration It will be published monthly and sent electronically to interested parties As we all know migration constitutes an ever-growing concern within the field of human rights and different aspects of migration profoundly affect social well-being In the foreseeable future these issues will only grow in importance and relevance across Europe Here the Council of Europe has a lot to offer The Migration Co-ordination Division hopes that this newsletter can give readers an insight into some of the debates and migration related activities as they unfolded at the Council in the months of June July and August The Newsletters are available at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp You can subscribe to future newsletters by sending an email to migration-newslettercoeint and you can search the archives for previous newsletters at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp Ukraine Efforts to improve policies and practices of detention of foreigners Strasbourg 4 July 2013 The Ukrainian authorities are engaged in serious efforts to bring their national policy and practice with regard to the detention of migrants and asylum-seekers in line with the Council of Europe standards A recent legislative initiative to amend several legal acts governing the status and the judicial protection of foreigners and stateless persons (draft law No 2743) emphasises the commitment of the Ukrainian government to ensure a judicial review of decisions depriving foreigners of their right to liberty The Council of Europe Migration Co-ordinator Christos Giakoumopoulos said the amendments which are currently examined by the Ukrainian parliament (Verhovna Rada) are an important step in ensuring compliance with Council of Europe norms as they are clearly inspired by the recommendations of the Committee of Ministers of the Council of Europe Moreover he said these amendments constitute a positive development in the process of the implementation of several judgements of the European Court of Human Rights such as for example the Soldatenko v Ukraine group of cases and the case of Nowak v Ukraine in which Ukraine was found in breach of the European Convention of Human Rights on account of unlawful detentions and lack of judicial control
62 Council of Europe Parliamentary Assembly (PACE) Migration Committee
Assistance to Syrian refugees after Lebanon PACE rapporteur continues visit to Turkey lsquoStrasbourg 21082013 ndash Jean-Marie Bockel (France EPPCD) who is preparing a report for the Parliamentary Assembly of the Council of Europe (PACE) on international assistance for Syrian refugees in Jordan Turkey Lebanon and Iraq today begins a fact-finding visit to Turkey (21 to 22 August 2013) following on from a visit to Lebanon (19-20 August) In Hatay (21-22 August) Mr Bockel will meet the Governor of Hatay and Turkish government officials ndash including from the Disaster and Emergency Management Presidency in the Prime Ministersrsquo Office ndash as well as representatives of the Red Crescent in Turkey He will also visit a local centre where refugees are accommodated and will speak to local residents about the impact of the refugee influx on the local community In Lebanon Mr Bockel met Syrian refugees in Alaawi (South Lebanon) and Ketermaya (Mount Lebanon) and discussed their situation with representatives of the UN High Commissioner for
20
Refugees and other NGOs working in the field During these exchanges of view he drew the authoritiesrsquo attention in particular to the situation of women and children Mr Bockelrsquos report is a follow-up to a current affairs debate held by the Assembly on this topic in April 2013rsquo For more details see httpassemblycoeintASPNewsManagerEMB_NewsManagerViewaspID=8977ampL=2
7 NPM discussion topic No 1 ldquothe monitoring of sobering-up detentionrdquo
71 Introduction
The thematic section for this Newsletter is on the experiences of NPMs regarding sobering-up detention The Polish NPM is currently preparing a thematic report and a conference regarding sobering-up stations and is looking for comparative experiences of monitoring such places from other CoE region NPMs In Poland these are institutions where drunk individuals are detained until they get sober for no longer than 24 hours In these places there is a non-stop medical service given to those people Those individuals are escorted there by the police because of their behaviour in public or at home The Polish NPM questions to the European NPM Network are
- how in your countries is the problem of care given to drunk people is solved - Where are drunk individuals placed (detained) if they are stopped by the Police - Can they leave those places anytime or they have to stay there till they are sober - What kind of care is given to them
The overview of responses to these questions form the European NPM Network members is below
72 Overview of responses from the European NPMs
- Response from the NPM of Luxembourg lsquoIn Luxemburg we have a very similar law regarding public drunkenness Following article 28 of the modified law from June 29th 1989 people that in a state of drunkenness cause public disorder or are likely to be harmful for themselves or others can be arrested by the police without intervention of a judge or an attorney for no longer than 24 hours Once arrested this people benefit from the full range of rights guaranteed to any other arrested person for criminal reasons (right to immediate assistance of a lawyer or consular assistance for foreigners right to call a family member inventory of their belongings fresh water supply etchellip) As for any other detainee the privation of liberty can only take place after a medical visit that generally takes place at the police station The surgeon in charge has to establish a written document stating that the concerned person does not present any corporal AND mental diseases making detention inappropriate or potentially harmful During the detention time those persons are under close survey (continuously by video and physically every hour at least all those verifications have to be noted down in real time indicating the time of control and the name of the controlling officer in a registry that is accessible at any time to the NPM and to the Inspectorate general of the Police) The Luxemburgish NPM already conducted several visits to police stations especially during the weekend nights Generally there was no noticeable problem The average time of privation of liberty cannot exceed 24 hours practically the detention time is very rarely superior to 6 hours In general people picked up during the night are released in the early morning hours The maximum time encountered by the Luxemburgish NPM was 165 hours immediately followed by a detention time of 825 hours There is no continuous medical survey in Luxemburg in case of a medical urgency people are immediately transferred to the next hospital which practically never happened until today as people with severe intoxications are detected by the medical visit prior to detention and are immediately transferred to a hospital
21
People arrested in Luxemburg on the legal basis above cannot leave the police station by their own decision liberation is depending upon the decision of the commanding police officer of the concerned station We also have another legal basis article 37 of the modified Police-law from May 31st 1999 entitling the police to arrest under the same conditions and restrictions as above anybody who by his ldquofoolishrdquo (insenseacute en french) behavior in public is likely to be harmful for himself or for others even without consumption of alcohol or drug abusersquo
- Response from the NPM of Slovenia
lsquoIn Republic of Slovenia there are no lsquosobering-up stationsrsquo per se However the police may order and carry out detention of a person under the influence of alcohol in certain cases for example as defined in the Minor Offences Act according to which (also) police officers may order detention when the perpetrator is caught committing minor offence under the influence of alcohol or other psychoactive substances and there is danger that (s)he will continue to commit minor offences such detention (which is not the only possible one involving the police) takes place in detention rooms at police stations and can last until the perpetrator becomes sober or capable to control behavior - but no longer than 12 hours Regarding lsquocare given to drunk peoplersquo in police detention ndash first of all police officers are bound to make sure that detained person gets medical aid if needed (injuries signs of alcohol poisoninghellip) or if the person demands so - this can be provided by medical personnel coming to place of detention itself or by taking the person to proper institution Police officer carrying out the detention is actually bound to take care of safety in general of the detained person for the duration of detention at least regular physical supervision is necessary but most often technical (audio and video) is provided too Drinkable water must be provided at all times and generally also one cold meal If the person is brought in wearing wet or in any other way unsuitable clothing (given the season weather conditionshellip) police officer must provide the person with proper clothes or footwear for the duration of the detention Certain standards are prescribed for the detention rooms themselves also ndash in cases of detention of up to 12 hours the floor shall not be slippery air temperature shall not be under 18 degrees Celsius in any case the room shall be equipped with toilet facilities unbreakable wash-hand basin and fixed bed with impermeable inflammable and untearable pillow and two blankets All circumstances regarding the detention (condition of the person carried out physical supervisions provided clothing food etc) are to be also carefully documentedrsquo
- Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo
lsquoIn our Law of Police is regulated this question The police officer may detain a person under the influence of alcohol or other psychoactive substances under terms and conditions determined by special law and the detention can last up to 8 hours With this article is limited time of detention because for criminal acts detention in police station is maximum 24 hours ( 12 hours for juveniles) Person under the influence of alcohol has the same rights like other detainees We dont have special places for detention of intoxicated people and police use regular detention places in the police stations Pursuant to the Rulebook on the Manner of Performance of Police duties and the Standard Operating Procedures for Detention and Treatment of Detainees the head of shift (police officer for admission) is responsible for admission of persons giving advice on realization of hisher rights including continuous monitoring during the detention for the purpose of ensuring the detained personsrsquo safety in the police station So people who are detained in Police station have right for food and water right to an attorney and informing the family right to medical assistance The shift manager is obligated to assess the health status of detained persons upon admission and record the same in the detention report The shift manager records any visible injuries visible signs of illness influence of alcohol or psychotropic substances thereby assessing whether medical attention is required In case of serious injuries or if the detainee complains for pain or injuries the right to medical assistance is of priority and it is undertaken before any other activity For most of the police stations it was concluded that in cases when there is higher blood alcohol content among the detainees a doctor was not called by the shift manager and in that line the NPM gave a recommendation that a doctor should be called no matter whether the person asks for medical assistance This should be made in order to act in line with the temporary protection of the health of the person deprived of liberty
22
In our report for 2012 we have thematic part about People detained in police stations ndash alcohol abusers Here is our opinion The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed In four of the folders for detainees in PS ____ it was assessed that the people were drunk in the limits of 1 50 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officers Regarding your questions in my country we dont have special places for drunk people and they are placed in police station in period of 8 hours without possibility to leave before they sober up and permission by head of shift If they have visible injuries or ask for medical help its called doctor but we suggested hat the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of libertyrsquo
- Response from the NPM of Georgia
lsquoSince the Soviet period Georgia had no special institution for drunken individuals According to the Georgian legislation being under the influence of alcohol per se doesnrsquot constitute an infraction Although last year in one region Akhalkalaki the Georgian NPM revealed a vicious practice ndash drunken individuals were detained by the police and held in a police station without being registered in any special registry until next morning The fact has been mentioned in the Public Defenderrsquos Report for 2012 and the abolition of this kind of practice has been recommended to the Minister of Internal Affairs In general if a detained person has any kind of medical concern an officer in charge calls the emergency service the detainee could even be transferred to hospital for example in case of acute alcoholic intoxicationrsquo
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo
81 Introduction
The Luxembourg NPM contacted the European NPM Network regarding vulnerable groups in prison as it is about to prepare a mission on its national prisons specially focused on the respect of the rights and the treatment of particularly vulnerable categories of prisoners and wanted to draw upon other comparative NPM experiences The NPM was in particular focused on the following categories vulnerable groups middot lsquoPrisoners living in detention without interruption for more than 10 years middot Prisoners recently condemned to a sentence of 15 years minimum middot Prisoners recently condemned to a very short sentence (9 months maximum) middot Older prisoners minimum age of 55 years
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
11
Council of Europe anti-torture Committee publishes the Dutch Governments response to the report on the 2011 visit Strasbourg - 21082013 - The CPT has published today the response of the Dutch Government to the report on the CPTs most recent visit to the Netherlands in October 2011 The response has already been made public by the Dutch authorities The CPTs report on the 2011 visit to the Netherlands was published in August 2012 The response is available on the Committeersquos website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Georgia Strasbourg 31072013 ndash The CPT has published today the report on its November 2012 ad hoc visit to Georgia together with the Georgian authoritiesrsquo response High-level talks held during the CPTrsquos visit mainly focused on the effectiveness of criminal investigations launched following the publication on 18 September 2012 of video material containing scenes of apparent serious ill-treatment of prisoners by staff in certain penitentiary establishments The legislative administrative and other steps being taken (and planned) by the Georgian authorities in respect of the countryrsquos prison system were also discussed In its report the CPT welcomes the wide-scale prison amnesty while stressing that the problems of prison overcrowding and prison population inflation cannot be addressed in a comprehensive and lasting way through the use of such exceptional measures a strategy for the sustainable reduction of the prison population should include a variety of steps to ensure that imprisonment really is the measure of last resort The CPT has also made several recommendations concerning the two prisons visited by the delegation (in Gldani and Kutaisi) and on other issues related with the prison system especially the prison health-care services In their response the Georgian authorities provide information on the progress and outcome of the above-mentioned criminal investigations as well as on measures being taken to reform the Georgian prison system Those measures include steps to further reduce the prison population renovate existing prisons and build new establishments develop the programmes of activities for both sentenced and remand prisoners and improve prison staff training The response also contains information on the Strategy and Action Plan for Prison Health-care Reform for the period 2013 ndash 2014 The CPTrsquos report and the response have been published at the request of the Georgian authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee visits the Russian Federation Strasbourg 23072013 ndash A delegation of the CPT carried out an ad hoc visit to the Russian Federation from 9 to 19 July 2013 The main objective of the visit was to review the implementation of recommendations made after previous visits regarding the treatment of persons deprived of their liberty by law enforcement agencies For this purpose the delegation interviewed numerous detained persons who had recently been or were still in the custody of the police or other law enforcement agencies it also examined relevant documentation including investigation files concerning complaints about ill-treatment by staff of those agencies In the course of the visit the delegation held consultations with Alexandr GOROVOY First Deputy Minister of Internal Affairs and Maxim TRAVNIKOV Deputy Minister of Justice as well as with other senior officials of the above-mentioned Ministries at both the federal and regional level Meetings were also held with senior officials of the Federal Service for the Execution of Punishments (FSIN) and the Federal Drug Control Service (FSKN) Further in Moscow and in most of the regions visited the delegation met senior officials of the Investigative Committee of the Russian Federation The delegation visited the following places of deprivation of liberty Police establishments Republic of Bashkortostan - Temporary Detention Centre (IVS) of the City Internal Affairs Department Ufa - IVS at the Police Division No 5 Ufa - Police Divisions Nos 1 4 6 and 7 Ufa - Blagoveshchensk District Internal Affairs Department Novosibirsk Region - IVS of the City Internal Affairs Department Novosibirsk - Police Divisions Nos 2 4 and 7 Novosibirsk Omsk Region - IVS of the City Internal Affairs Department Omsk - Police Divisions Nos 2 and 9 Omsk - Division of the Ministry of Internal Affairs for Omsk City District - Special Reception Centre for Persons under Administrative Arrest Omsk
12
Sverdlovsk Region - IVS of the City Internal Affairs Department Yekaterinburg - Police Divisions Nos 1 4 5 14 and 15 Yekaterinburg Federal Drug Control Service establishments - FSKN Directorate for Omsk Region Omsk - FSKN Directorate for Sverdlovsk Region Yekaterinburg The delegation also carried out interviews of newly-arrived remand prisoners in the following establishments under the Ministry of Justicersquos Federal Service for the Execution of Punishments - Pre-trial establishment (SIZO) No 1 Novosibirsk - SIZO No 1 Omsk
- SIZO No 1 Ufa SIZO No 1 Yekaterinburg Council of Europe anti-torture Committee publishes report on Slovenia Strasbourg 19072013 - The CPT has published today the report on its JanuaryFebruary 2012 visit to Slovenia The report has been made public at the request of the Slovenian authorities together with their response In the course of the visit the Committeersquos delegation examined the treatment and conditions of detention of persons held in police facilities prisons and psychiatric establishments The CPT received only a few isolated allegations of police ill-treatment they concerned excessive use of force in the context of apprehension and threats of physical ill-treatment during police questioning The material conditions of detention in police facilities were on the whole satisfactory As regards the prison system the CPT acknowledges the efforts made by the Slovenian authorities to increase the capacity of the prison estate however overcrowding continued to be a problem in some prisons In other aspects the material conditions of detention were generally adequate The Committee gained a particularly positive impression of the two newly-opened blocks at Dob Prison Particular attention is paid in the report to the regime of activities provided to inmates In this respect the Committee expresses concern about the situation of remand prisoners at Celje and Ljubljana Prisons as well as of prisoners held under the reinforced security regime at Celje and Dob Prisons The majority of these inmates spent most of the day locked-up in their cells with little to occupy themselves In their response the Slovenian authorities assure the Committee that efforts will be made to improve the existing arrangements By way of example in the second half of 2012 the regime for remand prisoners at Ljubljana Prison was relaxed so that now the inmates concerned may spend four hours a day on weekdays out of their cells With respect to psychiatry the CPT welcomes the adoption in July 2008 of the new Mental Health Act which inter alia reinforces the legal protection of patients in psychiatricsocial care institutions At Maribor Psychiatric Department the overwhelming majority of patients interviewed by the CPTrsquos delegation indicated that hospital staff had a caring attitude towards them However the delegation received a few allegations of physical ill-treatment of patients by nursing staff shortly after having been fixated to a bed The CPT also expresses misgivings about the fact that mechanical restraint was not always applied as a measure of last resort and that patients were on occasion subjected to fixation for prolonged periods In their response the Slovenian authorities state that a clear message has been delivered to nursing staff that no ill-treatment whatsoever of patients will be tolerated and that special training is being provided in handling aggressive andor agitated patients The CPTs report and the Slovenian authoritiesrsquo response are available on the Committees website httpwwwcptcoeint Forced return flights from the UK the European anti-torture committee publishes its first report Strasbourg 18072013 - The CPT publishes today its first report on an operation of deportation of foreign nationals by air The monitoring took place in the context of an ad hoc visit to the United Kingdom from 22 to 24 October 2012 and involved the presence of a CPT delegation on a charter flight between London and Colombo (Sri Lanka) In its report the CPT concludes that ldquoeach stage of the preparation of the removal process was carefully planned and organised staff were well briefed and every effort was made for the removal to be carried out in a humane wayrdquo However the CPT makes several recommendations and comments concerning both the preparation and execution phases of such operations The main issues raised concern the use of restraint by escort staff the presence of a medical doctor (instead of a paramedic or a nurse) on
13
board removal charter flights and the need for a ldquofit to fly certificaterdquo for persons to be deported In particular the CPT recommends that efforts be made for the revised training package for overseas escorts to be accredited and implemented at the earliest opportunity In their response the UK authorities indicate that an Independent Advisory Panel on Non-Compliance Management has been recruited to assess the quality and safety of the recently revised training package developed by the National Offender Management Service As regards the presence of a medical doctor on board the authorities indicate that ldquowhere indicated by risk assessment and where appropriate a doctor will be providedrdquo On the subject of the delivery of a ldquofit to fly certificaterdquo the authorities indicate that they do not consider it necessary ldquoto positively assert in all cases that a person is fit to fly based on the reasonable assumption that this will be the case in the vast majority of instancesrdquo Other important recommendations related to the presence of interpreters throughout the whole removal process (including on board the aircraft) as well as the provision of psychological support and counselling to better prepare the persons to be deported for their removal Recommendations are also made concerning the recruitment procedure of escort staff (which should include some form of psychological assessment) as well as the measures to be taken to avoid professional exhaustion syndrome and the risks related to routine and to ensure that escort staff maintain a certain emotional distance from the operational activities in which they are involved The CPT regrets that the Sri Lankan authorities did not allow its delegation to observe the hand-over of the returned detainees to local immigration staff The Committee invites the UK authorities to expressly address the issue of the role of monitoring bodies in readmission
agreements
The CPTs visit report and the response of the United Kingdom authorities are available on the Committees website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Malta Strasbourg 04072013 ndash The CPT has published today the report on its September 2011 visit to Malta together with the Maltese authoritiesrsquo response The visit mainly focused on Corradino Correctional Facility the only prison in Malta In certain parts of the prison material conditions of detention had significantly improved since the CPTrsquos previous visit in 2008 However major shortcomings were found once again in several other areas of the establishment (in particular as regards the state of repair of cells and access to natural light) The situation was further exacerbated by the prevailing overcrowding and the lack of organised activities for many prisoners The CPT has recommended in particular that a comprehensive plan to renovate the entire prison be drawn up as soon as possible The CPT also carried out follow-up visits to Lyster and Safi Barracks the only two detention centres for foreigners which were operational at the time of the visit In its report the Committee expresses concern about the frequency and seriousness of allegations received from foreign nationals about the force used by soldiers and police officers in the context of disturbances which had occurred in August 2011 at the Safi Detention Centre it has recommended that a comprehensive inquiry by an independent body be carried out into this matter At the Lyster Detention Centre the CPT observed improvements both in terms of material conditions and activities provided to foreign nationals However the conditions under which foreign nationals were being held in the two Warehouses at Safi Barracks remained very poor Further in both detention centres the health-care services were clearly insufficient Following a brief visit to Mount Carmel Psychiatric Hospital the CPT has expressed serious misgivings about the manner in which agitated or suicidal patients had on occasion been managed It has also made a number of specific recommendations to improve living conditions in the Forensic Ward and the Ward for Irregular Migrants In their response the Maltese authorities provide information on the action taken to address the recommendations made by the Committee on the issues described above
The CPTrsquos report and the response have been published at the request of the Maltese authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee publishes the Danish Governments response to the report on the visit to Greenland (September 2012) Strasbourg 03072013 - The CPT has published today the response of the Danish Government to the report on the Committeersquos ad hoc visit to Greenland in September 2012 The response has been made public at the request of the Danish authorities In its response the Danish Government provides information on the measures taken in the light of the recommendations made by the CPTrsquo
14
The CPTrsquos report on its visit to Greenland was made public in January 2013 The response is available on the Committees website wwwcptcoeint
32 Council of Europe Commissioner on Human Rights
lsquoTurkey police violence must not go unpunished Strasbourg 872013 - ldquoAll instances of excessive use of force by the police must be fully investigated and adequately punishedrdquo said Nils Muižnieks the Council of Europe Commissioner for Human Rights at the end of a five day visit to Istanbul and Ankara during which he discussed the Gezi Park events and other human rights issues The Commissioner recalled that according to the case-law of the European Court of Human Rights the failure to effectively investigate the misconduct of security forces was a human rights violation in itself and that Turkey had been condemned on numerous occasions by the Court precisely for this reason The Commissioner had received serious allegations of human rights violations committed by law enforcement forces against demonstrators backed up by witness accounts photos videos forensic evidence as well as the number of deaths and injuries over the course of the events Most of these reports concerned excessive and improper use of tear gas and ill-treatment by police at the time of apprehension On the other hand members of the government and security forces considered that the use of force had been proportionate in view of the actions of marginal groups hijacking the demonstrations except for isolated incidents which are under investigation [hellip] The Commissioner also noted that members of certain professional groups such as doctors lawyers academics teachers media professionals expressed fear of intimidation as well as of administrative and judicial measures against them as a result of their non-violent actions during the protests The Commissioner urged the Turkish authorities to allay these fears as a matter of urgency and to ensure that any perception of reprisals is averted The Commissioner also stated that there were certain shortcomings both in the Turkish legislation concerning the right to assembly and the role of law enforcement and its application by the competent authorities ldquoThe legislation and practice puts too much emphasis on the lawfulness of demonstrations as opposed to their peacefulness contrary to the European Convention on Human Rightsrdquo stated the Commissioner adding that the overwhelming majority of demonstrators in the Gezi Park events given the total participation of 25 million had thankfully been peaceful [hellip] The Commissioner also referred to his meetings with the newly established Ombudsman Office and the Turkish Human Rights Institution stating that the latest events provided a unique opportunity for these institutions to establish their credibility in the eyes of the Turkish public He stressed that citizens with grievances should also use the Ombudsman Office for redress including for actions of the security forces during demonstrationsrsquo The Commissionerrsquos report on his visit is forthcoming Press contact in the Commissionerrsquos Office Stefano Montanari stefanomontanaricoeint
33 Summaries of selected Article 3 cases before the European Court of Human Rights June and July 2013
AGAM DNM MKH MYH AND OTHERS NANS NMB NMY AND OTHERS SA V SWEDEN (NOS 7168010 2837911 7241310 5085910 6841110 6833510 7268610 6652310)
httphudocechrcoeintsitesengPagessearchaspxfulltext[AGAMDNMMKHMYH20AND20OTHERS]documentcollectionid2[GRANDCHAMBERCHAMBER]itemid[001-121571] 27 June 2013 ndash No violation of Article 2 and or Article 3 ndash No evidence to confirm that the
applicants would be exposed to a real risk of inhuman or degrading treatment or of becoming victims of honour-related crimes in the event of extradition in southern of central Iraq (for the applicants in the cases DNM and SA) or in Kurdistan (for the applicants in the other six cases)
15
All eight cases concerned the deportation of failed asylum-seekers originally from Baghdad Mosul and Kirkuk to Iraq The applicants in the cases DNM and SA alleged that if they were to be removed to Iraq they would be at risk of becoming victims of honour-related crimes due to their relations with women whom were disproved by their families while the other six applicants alleged that they would be at risk of persecution if deported to Iraq due to being Christian a religious minority in the country The Court noted that each of the applicantsrsquo claims had been examined and rejected by the Migration Board and the Migration Court particularly because the incidents of which the applicants were victim were mostly related to general security in Iraq at the time and that the applicants were not in need of asylum in Sweden since a number of years had since passed and the level of violence had thus declined The Court took into consideration the current national and international reports available and the gradual improvement that had been made Despite the applicantsrsquo personal circumstances (cases DNM and SA) and that their belonging to a vulnerable minority (the other six cases) would risk their lives and or facilitate inhuman or degrading treatment if removed the Court held that all ten applicants could relocate to other regions in Iraq such as Kurdistan in the north (concerning the six other cases) or to southern and central Iraq (cases DNM and SA) Therefore there would be no violation of Articles 2 and 3 of the Convention if the applicants were removed in southern or central Iraq or in Kurdistan
Horshill v Greece (application no7042711) httphudocechrcoeintsitesengPagessearchaspxfulltext[Horshill]languageisocode[FRA]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122973]
Detention of an asylum seeker in Greek police stations found to be degrading treatment incompatible with Article 3 of the Convention
In the Chamber judgment in the case of Horshill v Greece (application no7042711) the European Court of Human Rights held unanimously that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights The case concerned the placement in detention of Ismail Alfateh Horshill and the conditions in which he was detained The applicant a foreign national who was due to be deported was held successively for fifteen days in two police stations after having applied for asylum Pursuant to a decree transposing a directive from the Council of the European Union into national law Ismail Alfateh Horshill who had no travel documents was placed in detention by the Greek authorities Noting that the applicant had been released from detention after a short period of two weeks the Court considered that his detention had not been arbitrary and that it could not be concluded that it had not been ldquolawfulrdquo within the meaning of Article 5 sect 1 (f) of the Convention
Vinter and Others v United Kingdom - 6606909 13010 and 389610 Judgment 972013 [Grand Chamber]
httphudocechrcoeintsitesengPagessearchaspxfulltext[vinter]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122664] Article 3 The Grand Chamber agreed with and endorsed the Chamberrsquos finding that a grossly disproportionate sentence would violate Article 3 of the Convention although that test would be met only on rare and unique occasions In the instant case the applicants had not sought to argue that their whole life orders were grossly disproportionate instead they submitted that the absence of an in-built procedural requirement for a review constituted ill-treatment not only as the Chamber had found when there ceased to be legitimate penological grounds to justify continued detention but from the moment the order was made The Court reiterated that Contracting States must be allowed a margin of appreciation in deciding on the appropriate length of prison sentences for particular crimes and must remain free to impose life sentences on adult offenders for especially serious crimes However the imposition of an irreducible life sentence on an adult could raise an issue under Article 3 In determining whether a life sentence in a given case could be regarded as irreducible the Court would seek to ascertain whether the prisoner could be said to have any prospect of release Where national law afforded the possibility of review of a life sentence with a view to its
16
commutation remission termination or the conditional release of the prisoner that would be sufficient to satisfy Article 3 There were a number of reasons why for a life sentence to remain compatible with Article 3 there had to be both a prospect of release and a possibility of review Firstly it was axiomatic that a prisoner could not be detained unless there were legitimate penological grounds for that detention The balance between the justifications for detention was not necessarily static and could shift in the course of the sentence It was only by carrying out a review at an appropriate point in the sentence that these factors or shifts could be properly evaluated Secondly incarceration without any prospect of release or review carried the risk that the prisoner would never be able to atone for his offence whatever he did in prison and however exceptional his progress towards rehabilitation Thirdly it would be incompatible with human dignity for the State forcefully to deprive a person of his freedom without at least providing him with the chance to someday regain that freedom Moreover there was now clear support in European and international law for the principle that all prisoners including those serving life sentences should be offered the possibility of rehabilitation and the prospect of release if rehabilitation was achieved Accordingly Article 3 had to be interpreted as requiring reducibility of life sentences in the sense of a review allowing the domestic authorities to consider whether any changes in the life prisoner are so significant and such progress towards rehabilitation has been made in the course of the sentence as to mean that continued detention can no longer be justified on legitimate penological grounds While it was not the Courtrsquos task to prescribe the form (executive or judicial) which that review should take or to determine when it should take place the comparative and international law materials before it showed clear support for the institution of a dedicated mechanism guaranteeing a review no later than twenty-five years after the imposition of a life sentence with further periodic reviews thereafter A whole life sentence would not measure up to the standards of Article 3 where the domestic law did not provide for the possibility of such a review Lastly although the requisite review was a prospective event necessarily subsequent to the passing of the sentence a whole life prisoner should not be obliged to wait and serve an indeterminate number of years of his sentence before he could raise the complaint that the legal conditions attaching to his sentence failed to comply with the requirements of Article 3 Whole life prisoners were entitled to know at the outset of their sentence what they must do to be considered for release and under what conditions including when a review of their sentence will take place or may be sought Consequently where domestic law did not provide any mechanism or possibility for review of a whole life sentence the incompatibility with Article 3 on this ground already arose when the whole life sentence was imposed and not at a later stage of incarceration The Government had argued before the Court that the aim of the 2003 Act was to remove the executive from the decision-making process concerning life sentences and this was the reason for abolishing the 25-year review by the Home Secretary which had existed beforehand However the Court considered that it would have been more consistent with the legislative aim to provide that the 25-year review would be conducted within a judicial frame- work rather than completely eliminated The Court also found that the current law concerning the prospect of release of life prisoners in England and Wales was unclear Although section 30 of the 1997 Act gave the Justice Secretary the power to release any prisoner including one serving a whole life order the relevant Prison Service Order provided that release would only be ordered if a prisoner was terminally ill or physically incapacitated These were highly restrictive conditions and in the Courtrsquos view compassionate release of this kind would not be what was meant by a ldquoprospect of releaserdquo in Kafkaris In light therefore of this contrast between the broad wording of section 30 and the exhaustive conditions announced in the Prison Service Order as well as the absence of any dedicated review mechanism for whole life orders the Court was not persuaded that at the present time the applicantsrsquo life sentences could be regarded as reducible for the purposes of Article 3 The requirements of that provision had not therefore been met in relation to any of the three applicants The Court emphasised however that the finding of a violation in the applicantsrsquo cases should not be understood as giving them any prospect of imminent release Whether or not they should be released would depend for example on whether there were still legitimate penological grounds for their continued detention and whether they should continue to be detained on grounds of dangerous- ness These questions were not in issue in this case and were not the subject of argument before the Court Conclusion violation (sixteen votes to one) Article 41 Finding of a violation constituted sufficient just satisfaction for any non-pecuniary damage sustained by the first applicant No claim made by the other applicants
17
4 European Union and associated bodies
41 European Union Agency for Fundamental Rights (FRA)
June 2013 the European Court of Human Rights (ECtHR) and the European Union Agency for Fundamental Rights (FRA) published a joint Handbook on European law relating to asylum borders and immigration on 11 June lsquoIt examines the relevant law in the field of asylum borders and immigration stemming from both European systems the European Union and the Council of Europe It provides an accessible guide to the various European standards relevant to asylum borders and immigration The handbook is the second joint publication of this kind following a first handbook on non-discrimination issued in 2011 It is based on the case law of the European Court of Human Rights and the European Court of Justice as well as on the relevant EU regulations and directives It is also a first point of reference on the European Social Charter (ESC) and other instruments of the Council of Europe It is designed to assist legal practitioners at national and European level including lawyers judges prosecutors border guards immigration officials and others working with national authorities as well as non-governmental organisations and other bodies that may be confronted with legal questions in any of the areas the handbook sets out to coverrsquo The handbook is available at httpfraeuropaeusitesdefaultfileshandbook-law-asylum-migration-borders_enpdf
5 News from NGOs amp general updates
51 The Association for the Prevention of Torture Geneva (APT)
lsquoRights within the EU What role for European Institutions Monday September 16 2013 ldquoThe Treaties of the European Union state that the EU is founded on the value of respect for human rightsrdquo However much remains to be done for EU institutions to properly address gross human rights violations within the EU particularly the Council of the European Union This is the message that members of the Human Rights and Democracy Network which the APT is part of have sent to the representatives of all key EU institutions The letter singles out the EU Council Working Party on Fundamental Rights and Free Movement of Persons (FREMP) which has ldquobeen largely confined to negotiating the EU accession to the European Convention on Human Rightsrdquo rather than seeking to address serious human rights abuses within the European Union The letter concludes with a set of practical and constructive recommendations to the main EU institutions including the Council Commission Parliament and the Fundamental Rights Agency including strengthening the mandate of the latter The APT supports these recommendations and calls on remaining EU states that have not yet done so to ratify the Optional Protocol to the UN Convention against Torture (OPCAT) Presently 7 members of the EU (Belgium Finland Greece Ireland Latvia Lithuania and Slovakia) are not party to this innovative treaty The APT also calls on EU states that have established or designated National Preventive Mechanisms under the OPCAT to provide them with the necessary independence and resources as well as engaging in a constructive dialogue with these institutions to meaningfully reduce the risk of abuse on persons deprived of their libertyrsquo See more at httpwwwaptchennews_on_preventionrights-within-the-eu-what-role-for-european-institutionsUjnGb-DZn4Y lsquoExcessive use of pre-trial detention in the EU Tuesday September 10 2013 The APT today co-signed a letter sent to European Commission Vice-President Viviane Reding urging the Commission to take steps aimed at reducing the excessive periods of time people spend in pre-trial detention and to increase the use of alternatives
18
Across the European Union both the use and material conditions of pre-trial detention vary considerably and can have a very detrimental impact on persons deprived of their liberty Among other issues the letter calls on the Commission to take concrete steps to establish minimum and enforceable EU standards on pre-trial detention The letter is co-signed by 22 NGOs and has been copied to various relevant European Commission actorsrsquo lsquoInstitutional culture in detention a framework for preventive monitoring This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts It is the second in a series of thematic papers on aspects of detention monitoring which have so far been under-researched and received little attention They are the result of a joint project between the APT and Penal Reform International (PRI) with financial assistance of the UK Government and the European Unionrsquo See further details at httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17 Read more on the APT website at httpwwwaptch
52 Penal Reform International (PRI)
- Institutional culture in detention a framework for preventive monitoring
This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other forms of ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts This resource from PRI and the Association for the Prevention of Torture (APT) is designed to - raise awareness among monitoring bodies of the role of culture in places of detention in the prevention of torture and ill-treatment - provide a framework for understanding culture in places of detention - outline some common cultural attitudes that can represent risk factors for torture and ill-treatment - provide some examples of processes and factors that contribute to positive culture change in places of detention httpwwwpenalreformorgresourceinstitutional-culture-detention-framework-preventive-monitoring-3
- PRI briefing on complaints mechanisms in its Justice for Children series
Part of PRIs series of Justice for Children Briefings this resource explains a childs right to complain about his or her care treatment and conditions while deprived of their liberty Upholding the right to complain is very important for giving a voice to children in detention and for ensuring that their other human rights are protected The briefing looks at the basis of this right in international and regional treaties and standards and challenges to children in fulfilling this right It identifies key elements for creating an effective complaints mechanism and provides recommendations to ensure children can achieve their right to make complaints httpwwwpenalreformorgresourcechildren-deprived-liberty-complaints
- The Guide on gender-sensitive monitoring
The Guide is now also available in Spanish
httpwwwpenalreformorgresourcewomen-detention-guide-gendersensitive-monitoring
19
6 Immigration detention and monitoring updates
61 Council of Europe Immigration Issues
611 Migration Co-ordination Division update on work in the field of asylum and immigration
Recent editions of the Migration Co-ordination Newsletter were published in July and August 2013 The Newsletter provides a glance at some of the relevant Council of Europe activities on migration asylum and integration It will be published monthly and sent electronically to interested parties As we all know migration constitutes an ever-growing concern within the field of human rights and different aspects of migration profoundly affect social well-being In the foreseeable future these issues will only grow in importance and relevance across Europe Here the Council of Europe has a lot to offer The Migration Co-ordination Division hopes that this newsletter can give readers an insight into some of the debates and migration related activities as they unfolded at the Council in the months of June July and August The Newsletters are available at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp You can subscribe to future newsletters by sending an email to migration-newslettercoeint and you can search the archives for previous newsletters at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp Ukraine Efforts to improve policies and practices of detention of foreigners Strasbourg 4 July 2013 The Ukrainian authorities are engaged in serious efforts to bring their national policy and practice with regard to the detention of migrants and asylum-seekers in line with the Council of Europe standards A recent legislative initiative to amend several legal acts governing the status and the judicial protection of foreigners and stateless persons (draft law No 2743) emphasises the commitment of the Ukrainian government to ensure a judicial review of decisions depriving foreigners of their right to liberty The Council of Europe Migration Co-ordinator Christos Giakoumopoulos said the amendments which are currently examined by the Ukrainian parliament (Verhovna Rada) are an important step in ensuring compliance with Council of Europe norms as they are clearly inspired by the recommendations of the Committee of Ministers of the Council of Europe Moreover he said these amendments constitute a positive development in the process of the implementation of several judgements of the European Court of Human Rights such as for example the Soldatenko v Ukraine group of cases and the case of Nowak v Ukraine in which Ukraine was found in breach of the European Convention of Human Rights on account of unlawful detentions and lack of judicial control
62 Council of Europe Parliamentary Assembly (PACE) Migration Committee
Assistance to Syrian refugees after Lebanon PACE rapporteur continues visit to Turkey lsquoStrasbourg 21082013 ndash Jean-Marie Bockel (France EPPCD) who is preparing a report for the Parliamentary Assembly of the Council of Europe (PACE) on international assistance for Syrian refugees in Jordan Turkey Lebanon and Iraq today begins a fact-finding visit to Turkey (21 to 22 August 2013) following on from a visit to Lebanon (19-20 August) In Hatay (21-22 August) Mr Bockel will meet the Governor of Hatay and Turkish government officials ndash including from the Disaster and Emergency Management Presidency in the Prime Ministersrsquo Office ndash as well as representatives of the Red Crescent in Turkey He will also visit a local centre where refugees are accommodated and will speak to local residents about the impact of the refugee influx on the local community In Lebanon Mr Bockel met Syrian refugees in Alaawi (South Lebanon) and Ketermaya (Mount Lebanon) and discussed their situation with representatives of the UN High Commissioner for
20
Refugees and other NGOs working in the field During these exchanges of view he drew the authoritiesrsquo attention in particular to the situation of women and children Mr Bockelrsquos report is a follow-up to a current affairs debate held by the Assembly on this topic in April 2013rsquo For more details see httpassemblycoeintASPNewsManagerEMB_NewsManagerViewaspID=8977ampL=2
7 NPM discussion topic No 1 ldquothe monitoring of sobering-up detentionrdquo
71 Introduction
The thematic section for this Newsletter is on the experiences of NPMs regarding sobering-up detention The Polish NPM is currently preparing a thematic report and a conference regarding sobering-up stations and is looking for comparative experiences of monitoring such places from other CoE region NPMs In Poland these are institutions where drunk individuals are detained until they get sober for no longer than 24 hours In these places there is a non-stop medical service given to those people Those individuals are escorted there by the police because of their behaviour in public or at home The Polish NPM questions to the European NPM Network are
- how in your countries is the problem of care given to drunk people is solved - Where are drunk individuals placed (detained) if they are stopped by the Police - Can they leave those places anytime or they have to stay there till they are sober - What kind of care is given to them
The overview of responses to these questions form the European NPM Network members is below
72 Overview of responses from the European NPMs
- Response from the NPM of Luxembourg lsquoIn Luxemburg we have a very similar law regarding public drunkenness Following article 28 of the modified law from June 29th 1989 people that in a state of drunkenness cause public disorder or are likely to be harmful for themselves or others can be arrested by the police without intervention of a judge or an attorney for no longer than 24 hours Once arrested this people benefit from the full range of rights guaranteed to any other arrested person for criminal reasons (right to immediate assistance of a lawyer or consular assistance for foreigners right to call a family member inventory of their belongings fresh water supply etchellip) As for any other detainee the privation of liberty can only take place after a medical visit that generally takes place at the police station The surgeon in charge has to establish a written document stating that the concerned person does not present any corporal AND mental diseases making detention inappropriate or potentially harmful During the detention time those persons are under close survey (continuously by video and physically every hour at least all those verifications have to be noted down in real time indicating the time of control and the name of the controlling officer in a registry that is accessible at any time to the NPM and to the Inspectorate general of the Police) The Luxemburgish NPM already conducted several visits to police stations especially during the weekend nights Generally there was no noticeable problem The average time of privation of liberty cannot exceed 24 hours practically the detention time is very rarely superior to 6 hours In general people picked up during the night are released in the early morning hours The maximum time encountered by the Luxemburgish NPM was 165 hours immediately followed by a detention time of 825 hours There is no continuous medical survey in Luxemburg in case of a medical urgency people are immediately transferred to the next hospital which practically never happened until today as people with severe intoxications are detected by the medical visit prior to detention and are immediately transferred to a hospital
21
People arrested in Luxemburg on the legal basis above cannot leave the police station by their own decision liberation is depending upon the decision of the commanding police officer of the concerned station We also have another legal basis article 37 of the modified Police-law from May 31st 1999 entitling the police to arrest under the same conditions and restrictions as above anybody who by his ldquofoolishrdquo (insenseacute en french) behavior in public is likely to be harmful for himself or for others even without consumption of alcohol or drug abusersquo
- Response from the NPM of Slovenia
lsquoIn Republic of Slovenia there are no lsquosobering-up stationsrsquo per se However the police may order and carry out detention of a person under the influence of alcohol in certain cases for example as defined in the Minor Offences Act according to which (also) police officers may order detention when the perpetrator is caught committing minor offence under the influence of alcohol or other psychoactive substances and there is danger that (s)he will continue to commit minor offences such detention (which is not the only possible one involving the police) takes place in detention rooms at police stations and can last until the perpetrator becomes sober or capable to control behavior - but no longer than 12 hours Regarding lsquocare given to drunk peoplersquo in police detention ndash first of all police officers are bound to make sure that detained person gets medical aid if needed (injuries signs of alcohol poisoninghellip) or if the person demands so - this can be provided by medical personnel coming to place of detention itself or by taking the person to proper institution Police officer carrying out the detention is actually bound to take care of safety in general of the detained person for the duration of detention at least regular physical supervision is necessary but most often technical (audio and video) is provided too Drinkable water must be provided at all times and generally also one cold meal If the person is brought in wearing wet or in any other way unsuitable clothing (given the season weather conditionshellip) police officer must provide the person with proper clothes or footwear for the duration of the detention Certain standards are prescribed for the detention rooms themselves also ndash in cases of detention of up to 12 hours the floor shall not be slippery air temperature shall not be under 18 degrees Celsius in any case the room shall be equipped with toilet facilities unbreakable wash-hand basin and fixed bed with impermeable inflammable and untearable pillow and two blankets All circumstances regarding the detention (condition of the person carried out physical supervisions provided clothing food etc) are to be also carefully documentedrsquo
- Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo
lsquoIn our Law of Police is regulated this question The police officer may detain a person under the influence of alcohol or other psychoactive substances under terms and conditions determined by special law and the detention can last up to 8 hours With this article is limited time of detention because for criminal acts detention in police station is maximum 24 hours ( 12 hours for juveniles) Person under the influence of alcohol has the same rights like other detainees We dont have special places for detention of intoxicated people and police use regular detention places in the police stations Pursuant to the Rulebook on the Manner of Performance of Police duties and the Standard Operating Procedures for Detention and Treatment of Detainees the head of shift (police officer for admission) is responsible for admission of persons giving advice on realization of hisher rights including continuous monitoring during the detention for the purpose of ensuring the detained personsrsquo safety in the police station So people who are detained in Police station have right for food and water right to an attorney and informing the family right to medical assistance The shift manager is obligated to assess the health status of detained persons upon admission and record the same in the detention report The shift manager records any visible injuries visible signs of illness influence of alcohol or psychotropic substances thereby assessing whether medical attention is required In case of serious injuries or if the detainee complains for pain or injuries the right to medical assistance is of priority and it is undertaken before any other activity For most of the police stations it was concluded that in cases when there is higher blood alcohol content among the detainees a doctor was not called by the shift manager and in that line the NPM gave a recommendation that a doctor should be called no matter whether the person asks for medical assistance This should be made in order to act in line with the temporary protection of the health of the person deprived of liberty
22
In our report for 2012 we have thematic part about People detained in police stations ndash alcohol abusers Here is our opinion The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed In four of the folders for detainees in PS ____ it was assessed that the people were drunk in the limits of 1 50 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officers Regarding your questions in my country we dont have special places for drunk people and they are placed in police station in period of 8 hours without possibility to leave before they sober up and permission by head of shift If they have visible injuries or ask for medical help its called doctor but we suggested hat the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of libertyrsquo
- Response from the NPM of Georgia
lsquoSince the Soviet period Georgia had no special institution for drunken individuals According to the Georgian legislation being under the influence of alcohol per se doesnrsquot constitute an infraction Although last year in one region Akhalkalaki the Georgian NPM revealed a vicious practice ndash drunken individuals were detained by the police and held in a police station without being registered in any special registry until next morning The fact has been mentioned in the Public Defenderrsquos Report for 2012 and the abolition of this kind of practice has been recommended to the Minister of Internal Affairs In general if a detained person has any kind of medical concern an officer in charge calls the emergency service the detainee could even be transferred to hospital for example in case of acute alcoholic intoxicationrsquo
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo
81 Introduction
The Luxembourg NPM contacted the European NPM Network regarding vulnerable groups in prison as it is about to prepare a mission on its national prisons specially focused on the respect of the rights and the treatment of particularly vulnerable categories of prisoners and wanted to draw upon other comparative NPM experiences The NPM was in particular focused on the following categories vulnerable groups middot lsquoPrisoners living in detention without interruption for more than 10 years middot Prisoners recently condemned to a sentence of 15 years minimum middot Prisoners recently condemned to a very short sentence (9 months maximum) middot Older prisoners minimum age of 55 years
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
12
Sverdlovsk Region - IVS of the City Internal Affairs Department Yekaterinburg - Police Divisions Nos 1 4 5 14 and 15 Yekaterinburg Federal Drug Control Service establishments - FSKN Directorate for Omsk Region Omsk - FSKN Directorate for Sverdlovsk Region Yekaterinburg The delegation also carried out interviews of newly-arrived remand prisoners in the following establishments under the Ministry of Justicersquos Federal Service for the Execution of Punishments - Pre-trial establishment (SIZO) No 1 Novosibirsk - SIZO No 1 Omsk
- SIZO No 1 Ufa SIZO No 1 Yekaterinburg Council of Europe anti-torture Committee publishes report on Slovenia Strasbourg 19072013 - The CPT has published today the report on its JanuaryFebruary 2012 visit to Slovenia The report has been made public at the request of the Slovenian authorities together with their response In the course of the visit the Committeersquos delegation examined the treatment and conditions of detention of persons held in police facilities prisons and psychiatric establishments The CPT received only a few isolated allegations of police ill-treatment they concerned excessive use of force in the context of apprehension and threats of physical ill-treatment during police questioning The material conditions of detention in police facilities were on the whole satisfactory As regards the prison system the CPT acknowledges the efforts made by the Slovenian authorities to increase the capacity of the prison estate however overcrowding continued to be a problem in some prisons In other aspects the material conditions of detention were generally adequate The Committee gained a particularly positive impression of the two newly-opened blocks at Dob Prison Particular attention is paid in the report to the regime of activities provided to inmates In this respect the Committee expresses concern about the situation of remand prisoners at Celje and Ljubljana Prisons as well as of prisoners held under the reinforced security regime at Celje and Dob Prisons The majority of these inmates spent most of the day locked-up in their cells with little to occupy themselves In their response the Slovenian authorities assure the Committee that efforts will be made to improve the existing arrangements By way of example in the second half of 2012 the regime for remand prisoners at Ljubljana Prison was relaxed so that now the inmates concerned may spend four hours a day on weekdays out of their cells With respect to psychiatry the CPT welcomes the adoption in July 2008 of the new Mental Health Act which inter alia reinforces the legal protection of patients in psychiatricsocial care institutions At Maribor Psychiatric Department the overwhelming majority of patients interviewed by the CPTrsquos delegation indicated that hospital staff had a caring attitude towards them However the delegation received a few allegations of physical ill-treatment of patients by nursing staff shortly after having been fixated to a bed The CPT also expresses misgivings about the fact that mechanical restraint was not always applied as a measure of last resort and that patients were on occasion subjected to fixation for prolonged periods In their response the Slovenian authorities state that a clear message has been delivered to nursing staff that no ill-treatment whatsoever of patients will be tolerated and that special training is being provided in handling aggressive andor agitated patients The CPTs report and the Slovenian authoritiesrsquo response are available on the Committees website httpwwwcptcoeint Forced return flights from the UK the European anti-torture committee publishes its first report Strasbourg 18072013 - The CPT publishes today its first report on an operation of deportation of foreign nationals by air The monitoring took place in the context of an ad hoc visit to the United Kingdom from 22 to 24 October 2012 and involved the presence of a CPT delegation on a charter flight between London and Colombo (Sri Lanka) In its report the CPT concludes that ldquoeach stage of the preparation of the removal process was carefully planned and organised staff were well briefed and every effort was made for the removal to be carried out in a humane wayrdquo However the CPT makes several recommendations and comments concerning both the preparation and execution phases of such operations The main issues raised concern the use of restraint by escort staff the presence of a medical doctor (instead of a paramedic or a nurse) on
13
board removal charter flights and the need for a ldquofit to fly certificaterdquo for persons to be deported In particular the CPT recommends that efforts be made for the revised training package for overseas escorts to be accredited and implemented at the earliest opportunity In their response the UK authorities indicate that an Independent Advisory Panel on Non-Compliance Management has been recruited to assess the quality and safety of the recently revised training package developed by the National Offender Management Service As regards the presence of a medical doctor on board the authorities indicate that ldquowhere indicated by risk assessment and where appropriate a doctor will be providedrdquo On the subject of the delivery of a ldquofit to fly certificaterdquo the authorities indicate that they do not consider it necessary ldquoto positively assert in all cases that a person is fit to fly based on the reasonable assumption that this will be the case in the vast majority of instancesrdquo Other important recommendations related to the presence of interpreters throughout the whole removal process (including on board the aircraft) as well as the provision of psychological support and counselling to better prepare the persons to be deported for their removal Recommendations are also made concerning the recruitment procedure of escort staff (which should include some form of psychological assessment) as well as the measures to be taken to avoid professional exhaustion syndrome and the risks related to routine and to ensure that escort staff maintain a certain emotional distance from the operational activities in which they are involved The CPT regrets that the Sri Lankan authorities did not allow its delegation to observe the hand-over of the returned detainees to local immigration staff The Committee invites the UK authorities to expressly address the issue of the role of monitoring bodies in readmission
agreements
The CPTs visit report and the response of the United Kingdom authorities are available on the Committees website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Malta Strasbourg 04072013 ndash The CPT has published today the report on its September 2011 visit to Malta together with the Maltese authoritiesrsquo response The visit mainly focused on Corradino Correctional Facility the only prison in Malta In certain parts of the prison material conditions of detention had significantly improved since the CPTrsquos previous visit in 2008 However major shortcomings were found once again in several other areas of the establishment (in particular as regards the state of repair of cells and access to natural light) The situation was further exacerbated by the prevailing overcrowding and the lack of organised activities for many prisoners The CPT has recommended in particular that a comprehensive plan to renovate the entire prison be drawn up as soon as possible The CPT also carried out follow-up visits to Lyster and Safi Barracks the only two detention centres for foreigners which were operational at the time of the visit In its report the Committee expresses concern about the frequency and seriousness of allegations received from foreign nationals about the force used by soldiers and police officers in the context of disturbances which had occurred in August 2011 at the Safi Detention Centre it has recommended that a comprehensive inquiry by an independent body be carried out into this matter At the Lyster Detention Centre the CPT observed improvements both in terms of material conditions and activities provided to foreign nationals However the conditions under which foreign nationals were being held in the two Warehouses at Safi Barracks remained very poor Further in both detention centres the health-care services were clearly insufficient Following a brief visit to Mount Carmel Psychiatric Hospital the CPT has expressed serious misgivings about the manner in which agitated or suicidal patients had on occasion been managed It has also made a number of specific recommendations to improve living conditions in the Forensic Ward and the Ward for Irregular Migrants In their response the Maltese authorities provide information on the action taken to address the recommendations made by the Committee on the issues described above
The CPTrsquos report and the response have been published at the request of the Maltese authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee publishes the Danish Governments response to the report on the visit to Greenland (September 2012) Strasbourg 03072013 - The CPT has published today the response of the Danish Government to the report on the Committeersquos ad hoc visit to Greenland in September 2012 The response has been made public at the request of the Danish authorities In its response the Danish Government provides information on the measures taken in the light of the recommendations made by the CPTrsquo
14
The CPTrsquos report on its visit to Greenland was made public in January 2013 The response is available on the Committees website wwwcptcoeint
32 Council of Europe Commissioner on Human Rights
lsquoTurkey police violence must not go unpunished Strasbourg 872013 - ldquoAll instances of excessive use of force by the police must be fully investigated and adequately punishedrdquo said Nils Muižnieks the Council of Europe Commissioner for Human Rights at the end of a five day visit to Istanbul and Ankara during which he discussed the Gezi Park events and other human rights issues The Commissioner recalled that according to the case-law of the European Court of Human Rights the failure to effectively investigate the misconduct of security forces was a human rights violation in itself and that Turkey had been condemned on numerous occasions by the Court precisely for this reason The Commissioner had received serious allegations of human rights violations committed by law enforcement forces against demonstrators backed up by witness accounts photos videos forensic evidence as well as the number of deaths and injuries over the course of the events Most of these reports concerned excessive and improper use of tear gas and ill-treatment by police at the time of apprehension On the other hand members of the government and security forces considered that the use of force had been proportionate in view of the actions of marginal groups hijacking the demonstrations except for isolated incidents which are under investigation [hellip] The Commissioner also noted that members of certain professional groups such as doctors lawyers academics teachers media professionals expressed fear of intimidation as well as of administrative and judicial measures against them as a result of their non-violent actions during the protests The Commissioner urged the Turkish authorities to allay these fears as a matter of urgency and to ensure that any perception of reprisals is averted The Commissioner also stated that there were certain shortcomings both in the Turkish legislation concerning the right to assembly and the role of law enforcement and its application by the competent authorities ldquoThe legislation and practice puts too much emphasis on the lawfulness of demonstrations as opposed to their peacefulness contrary to the European Convention on Human Rightsrdquo stated the Commissioner adding that the overwhelming majority of demonstrators in the Gezi Park events given the total participation of 25 million had thankfully been peaceful [hellip] The Commissioner also referred to his meetings with the newly established Ombudsman Office and the Turkish Human Rights Institution stating that the latest events provided a unique opportunity for these institutions to establish their credibility in the eyes of the Turkish public He stressed that citizens with grievances should also use the Ombudsman Office for redress including for actions of the security forces during demonstrationsrsquo The Commissionerrsquos report on his visit is forthcoming Press contact in the Commissionerrsquos Office Stefano Montanari stefanomontanaricoeint
33 Summaries of selected Article 3 cases before the European Court of Human Rights June and July 2013
AGAM DNM MKH MYH AND OTHERS NANS NMB NMY AND OTHERS SA V SWEDEN (NOS 7168010 2837911 7241310 5085910 6841110 6833510 7268610 6652310)
httphudocechrcoeintsitesengPagessearchaspxfulltext[AGAMDNMMKHMYH20AND20OTHERS]documentcollectionid2[GRANDCHAMBERCHAMBER]itemid[001-121571] 27 June 2013 ndash No violation of Article 2 and or Article 3 ndash No evidence to confirm that the
applicants would be exposed to a real risk of inhuman or degrading treatment or of becoming victims of honour-related crimes in the event of extradition in southern of central Iraq (for the applicants in the cases DNM and SA) or in Kurdistan (for the applicants in the other six cases)
15
All eight cases concerned the deportation of failed asylum-seekers originally from Baghdad Mosul and Kirkuk to Iraq The applicants in the cases DNM and SA alleged that if they were to be removed to Iraq they would be at risk of becoming victims of honour-related crimes due to their relations with women whom were disproved by their families while the other six applicants alleged that they would be at risk of persecution if deported to Iraq due to being Christian a religious minority in the country The Court noted that each of the applicantsrsquo claims had been examined and rejected by the Migration Board and the Migration Court particularly because the incidents of which the applicants were victim were mostly related to general security in Iraq at the time and that the applicants were not in need of asylum in Sweden since a number of years had since passed and the level of violence had thus declined The Court took into consideration the current national and international reports available and the gradual improvement that had been made Despite the applicantsrsquo personal circumstances (cases DNM and SA) and that their belonging to a vulnerable minority (the other six cases) would risk their lives and or facilitate inhuman or degrading treatment if removed the Court held that all ten applicants could relocate to other regions in Iraq such as Kurdistan in the north (concerning the six other cases) or to southern and central Iraq (cases DNM and SA) Therefore there would be no violation of Articles 2 and 3 of the Convention if the applicants were removed in southern or central Iraq or in Kurdistan
Horshill v Greece (application no7042711) httphudocechrcoeintsitesengPagessearchaspxfulltext[Horshill]languageisocode[FRA]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122973]
Detention of an asylum seeker in Greek police stations found to be degrading treatment incompatible with Article 3 of the Convention
In the Chamber judgment in the case of Horshill v Greece (application no7042711) the European Court of Human Rights held unanimously that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights The case concerned the placement in detention of Ismail Alfateh Horshill and the conditions in which he was detained The applicant a foreign national who was due to be deported was held successively for fifteen days in two police stations after having applied for asylum Pursuant to a decree transposing a directive from the Council of the European Union into national law Ismail Alfateh Horshill who had no travel documents was placed in detention by the Greek authorities Noting that the applicant had been released from detention after a short period of two weeks the Court considered that his detention had not been arbitrary and that it could not be concluded that it had not been ldquolawfulrdquo within the meaning of Article 5 sect 1 (f) of the Convention
Vinter and Others v United Kingdom - 6606909 13010 and 389610 Judgment 972013 [Grand Chamber]
httphudocechrcoeintsitesengPagessearchaspxfulltext[vinter]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122664] Article 3 The Grand Chamber agreed with and endorsed the Chamberrsquos finding that a grossly disproportionate sentence would violate Article 3 of the Convention although that test would be met only on rare and unique occasions In the instant case the applicants had not sought to argue that their whole life orders were grossly disproportionate instead they submitted that the absence of an in-built procedural requirement for a review constituted ill-treatment not only as the Chamber had found when there ceased to be legitimate penological grounds to justify continued detention but from the moment the order was made The Court reiterated that Contracting States must be allowed a margin of appreciation in deciding on the appropriate length of prison sentences for particular crimes and must remain free to impose life sentences on adult offenders for especially serious crimes However the imposition of an irreducible life sentence on an adult could raise an issue under Article 3 In determining whether a life sentence in a given case could be regarded as irreducible the Court would seek to ascertain whether the prisoner could be said to have any prospect of release Where national law afforded the possibility of review of a life sentence with a view to its
16
commutation remission termination or the conditional release of the prisoner that would be sufficient to satisfy Article 3 There were a number of reasons why for a life sentence to remain compatible with Article 3 there had to be both a prospect of release and a possibility of review Firstly it was axiomatic that a prisoner could not be detained unless there were legitimate penological grounds for that detention The balance between the justifications for detention was not necessarily static and could shift in the course of the sentence It was only by carrying out a review at an appropriate point in the sentence that these factors or shifts could be properly evaluated Secondly incarceration without any prospect of release or review carried the risk that the prisoner would never be able to atone for his offence whatever he did in prison and however exceptional his progress towards rehabilitation Thirdly it would be incompatible with human dignity for the State forcefully to deprive a person of his freedom without at least providing him with the chance to someday regain that freedom Moreover there was now clear support in European and international law for the principle that all prisoners including those serving life sentences should be offered the possibility of rehabilitation and the prospect of release if rehabilitation was achieved Accordingly Article 3 had to be interpreted as requiring reducibility of life sentences in the sense of a review allowing the domestic authorities to consider whether any changes in the life prisoner are so significant and such progress towards rehabilitation has been made in the course of the sentence as to mean that continued detention can no longer be justified on legitimate penological grounds While it was not the Courtrsquos task to prescribe the form (executive or judicial) which that review should take or to determine when it should take place the comparative and international law materials before it showed clear support for the institution of a dedicated mechanism guaranteeing a review no later than twenty-five years after the imposition of a life sentence with further periodic reviews thereafter A whole life sentence would not measure up to the standards of Article 3 where the domestic law did not provide for the possibility of such a review Lastly although the requisite review was a prospective event necessarily subsequent to the passing of the sentence a whole life prisoner should not be obliged to wait and serve an indeterminate number of years of his sentence before he could raise the complaint that the legal conditions attaching to his sentence failed to comply with the requirements of Article 3 Whole life prisoners were entitled to know at the outset of their sentence what they must do to be considered for release and under what conditions including when a review of their sentence will take place or may be sought Consequently where domestic law did not provide any mechanism or possibility for review of a whole life sentence the incompatibility with Article 3 on this ground already arose when the whole life sentence was imposed and not at a later stage of incarceration The Government had argued before the Court that the aim of the 2003 Act was to remove the executive from the decision-making process concerning life sentences and this was the reason for abolishing the 25-year review by the Home Secretary which had existed beforehand However the Court considered that it would have been more consistent with the legislative aim to provide that the 25-year review would be conducted within a judicial frame- work rather than completely eliminated The Court also found that the current law concerning the prospect of release of life prisoners in England and Wales was unclear Although section 30 of the 1997 Act gave the Justice Secretary the power to release any prisoner including one serving a whole life order the relevant Prison Service Order provided that release would only be ordered if a prisoner was terminally ill or physically incapacitated These were highly restrictive conditions and in the Courtrsquos view compassionate release of this kind would not be what was meant by a ldquoprospect of releaserdquo in Kafkaris In light therefore of this contrast between the broad wording of section 30 and the exhaustive conditions announced in the Prison Service Order as well as the absence of any dedicated review mechanism for whole life orders the Court was not persuaded that at the present time the applicantsrsquo life sentences could be regarded as reducible for the purposes of Article 3 The requirements of that provision had not therefore been met in relation to any of the three applicants The Court emphasised however that the finding of a violation in the applicantsrsquo cases should not be understood as giving them any prospect of imminent release Whether or not they should be released would depend for example on whether there were still legitimate penological grounds for their continued detention and whether they should continue to be detained on grounds of dangerous- ness These questions were not in issue in this case and were not the subject of argument before the Court Conclusion violation (sixteen votes to one) Article 41 Finding of a violation constituted sufficient just satisfaction for any non-pecuniary damage sustained by the first applicant No claim made by the other applicants
17
4 European Union and associated bodies
41 European Union Agency for Fundamental Rights (FRA)
June 2013 the European Court of Human Rights (ECtHR) and the European Union Agency for Fundamental Rights (FRA) published a joint Handbook on European law relating to asylum borders and immigration on 11 June lsquoIt examines the relevant law in the field of asylum borders and immigration stemming from both European systems the European Union and the Council of Europe It provides an accessible guide to the various European standards relevant to asylum borders and immigration The handbook is the second joint publication of this kind following a first handbook on non-discrimination issued in 2011 It is based on the case law of the European Court of Human Rights and the European Court of Justice as well as on the relevant EU regulations and directives It is also a first point of reference on the European Social Charter (ESC) and other instruments of the Council of Europe It is designed to assist legal practitioners at national and European level including lawyers judges prosecutors border guards immigration officials and others working with national authorities as well as non-governmental organisations and other bodies that may be confronted with legal questions in any of the areas the handbook sets out to coverrsquo The handbook is available at httpfraeuropaeusitesdefaultfileshandbook-law-asylum-migration-borders_enpdf
5 News from NGOs amp general updates
51 The Association for the Prevention of Torture Geneva (APT)
lsquoRights within the EU What role for European Institutions Monday September 16 2013 ldquoThe Treaties of the European Union state that the EU is founded on the value of respect for human rightsrdquo However much remains to be done for EU institutions to properly address gross human rights violations within the EU particularly the Council of the European Union This is the message that members of the Human Rights and Democracy Network which the APT is part of have sent to the representatives of all key EU institutions The letter singles out the EU Council Working Party on Fundamental Rights and Free Movement of Persons (FREMP) which has ldquobeen largely confined to negotiating the EU accession to the European Convention on Human Rightsrdquo rather than seeking to address serious human rights abuses within the European Union The letter concludes with a set of practical and constructive recommendations to the main EU institutions including the Council Commission Parliament and the Fundamental Rights Agency including strengthening the mandate of the latter The APT supports these recommendations and calls on remaining EU states that have not yet done so to ratify the Optional Protocol to the UN Convention against Torture (OPCAT) Presently 7 members of the EU (Belgium Finland Greece Ireland Latvia Lithuania and Slovakia) are not party to this innovative treaty The APT also calls on EU states that have established or designated National Preventive Mechanisms under the OPCAT to provide them with the necessary independence and resources as well as engaging in a constructive dialogue with these institutions to meaningfully reduce the risk of abuse on persons deprived of their libertyrsquo See more at httpwwwaptchennews_on_preventionrights-within-the-eu-what-role-for-european-institutionsUjnGb-DZn4Y lsquoExcessive use of pre-trial detention in the EU Tuesday September 10 2013 The APT today co-signed a letter sent to European Commission Vice-President Viviane Reding urging the Commission to take steps aimed at reducing the excessive periods of time people spend in pre-trial detention and to increase the use of alternatives
18
Across the European Union both the use and material conditions of pre-trial detention vary considerably and can have a very detrimental impact on persons deprived of their liberty Among other issues the letter calls on the Commission to take concrete steps to establish minimum and enforceable EU standards on pre-trial detention The letter is co-signed by 22 NGOs and has been copied to various relevant European Commission actorsrsquo lsquoInstitutional culture in detention a framework for preventive monitoring This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts It is the second in a series of thematic papers on aspects of detention monitoring which have so far been under-researched and received little attention They are the result of a joint project between the APT and Penal Reform International (PRI) with financial assistance of the UK Government and the European Unionrsquo See further details at httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17 Read more on the APT website at httpwwwaptch
52 Penal Reform International (PRI)
- Institutional culture in detention a framework for preventive monitoring
This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other forms of ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts This resource from PRI and the Association for the Prevention of Torture (APT) is designed to - raise awareness among monitoring bodies of the role of culture in places of detention in the prevention of torture and ill-treatment - provide a framework for understanding culture in places of detention - outline some common cultural attitudes that can represent risk factors for torture and ill-treatment - provide some examples of processes and factors that contribute to positive culture change in places of detention httpwwwpenalreformorgresourceinstitutional-culture-detention-framework-preventive-monitoring-3
- PRI briefing on complaints mechanisms in its Justice for Children series
Part of PRIs series of Justice for Children Briefings this resource explains a childs right to complain about his or her care treatment and conditions while deprived of their liberty Upholding the right to complain is very important for giving a voice to children in detention and for ensuring that their other human rights are protected The briefing looks at the basis of this right in international and regional treaties and standards and challenges to children in fulfilling this right It identifies key elements for creating an effective complaints mechanism and provides recommendations to ensure children can achieve their right to make complaints httpwwwpenalreformorgresourcechildren-deprived-liberty-complaints
- The Guide on gender-sensitive monitoring
The Guide is now also available in Spanish
httpwwwpenalreformorgresourcewomen-detention-guide-gendersensitive-monitoring
19
6 Immigration detention and monitoring updates
61 Council of Europe Immigration Issues
611 Migration Co-ordination Division update on work in the field of asylum and immigration
Recent editions of the Migration Co-ordination Newsletter were published in July and August 2013 The Newsletter provides a glance at some of the relevant Council of Europe activities on migration asylum and integration It will be published monthly and sent electronically to interested parties As we all know migration constitutes an ever-growing concern within the field of human rights and different aspects of migration profoundly affect social well-being In the foreseeable future these issues will only grow in importance and relevance across Europe Here the Council of Europe has a lot to offer The Migration Co-ordination Division hopes that this newsletter can give readers an insight into some of the debates and migration related activities as they unfolded at the Council in the months of June July and August The Newsletters are available at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp You can subscribe to future newsletters by sending an email to migration-newslettercoeint and you can search the archives for previous newsletters at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp Ukraine Efforts to improve policies and practices of detention of foreigners Strasbourg 4 July 2013 The Ukrainian authorities are engaged in serious efforts to bring their national policy and practice with regard to the detention of migrants and asylum-seekers in line with the Council of Europe standards A recent legislative initiative to amend several legal acts governing the status and the judicial protection of foreigners and stateless persons (draft law No 2743) emphasises the commitment of the Ukrainian government to ensure a judicial review of decisions depriving foreigners of their right to liberty The Council of Europe Migration Co-ordinator Christos Giakoumopoulos said the amendments which are currently examined by the Ukrainian parliament (Verhovna Rada) are an important step in ensuring compliance with Council of Europe norms as they are clearly inspired by the recommendations of the Committee of Ministers of the Council of Europe Moreover he said these amendments constitute a positive development in the process of the implementation of several judgements of the European Court of Human Rights such as for example the Soldatenko v Ukraine group of cases and the case of Nowak v Ukraine in which Ukraine was found in breach of the European Convention of Human Rights on account of unlawful detentions and lack of judicial control
62 Council of Europe Parliamentary Assembly (PACE) Migration Committee
Assistance to Syrian refugees after Lebanon PACE rapporteur continues visit to Turkey lsquoStrasbourg 21082013 ndash Jean-Marie Bockel (France EPPCD) who is preparing a report for the Parliamentary Assembly of the Council of Europe (PACE) on international assistance for Syrian refugees in Jordan Turkey Lebanon and Iraq today begins a fact-finding visit to Turkey (21 to 22 August 2013) following on from a visit to Lebanon (19-20 August) In Hatay (21-22 August) Mr Bockel will meet the Governor of Hatay and Turkish government officials ndash including from the Disaster and Emergency Management Presidency in the Prime Ministersrsquo Office ndash as well as representatives of the Red Crescent in Turkey He will also visit a local centre where refugees are accommodated and will speak to local residents about the impact of the refugee influx on the local community In Lebanon Mr Bockel met Syrian refugees in Alaawi (South Lebanon) and Ketermaya (Mount Lebanon) and discussed their situation with representatives of the UN High Commissioner for
20
Refugees and other NGOs working in the field During these exchanges of view he drew the authoritiesrsquo attention in particular to the situation of women and children Mr Bockelrsquos report is a follow-up to a current affairs debate held by the Assembly on this topic in April 2013rsquo For more details see httpassemblycoeintASPNewsManagerEMB_NewsManagerViewaspID=8977ampL=2
7 NPM discussion topic No 1 ldquothe monitoring of sobering-up detentionrdquo
71 Introduction
The thematic section for this Newsletter is on the experiences of NPMs regarding sobering-up detention The Polish NPM is currently preparing a thematic report and a conference regarding sobering-up stations and is looking for comparative experiences of monitoring such places from other CoE region NPMs In Poland these are institutions where drunk individuals are detained until they get sober for no longer than 24 hours In these places there is a non-stop medical service given to those people Those individuals are escorted there by the police because of their behaviour in public or at home The Polish NPM questions to the European NPM Network are
- how in your countries is the problem of care given to drunk people is solved - Where are drunk individuals placed (detained) if they are stopped by the Police - Can they leave those places anytime or they have to stay there till they are sober - What kind of care is given to them
The overview of responses to these questions form the European NPM Network members is below
72 Overview of responses from the European NPMs
- Response from the NPM of Luxembourg lsquoIn Luxemburg we have a very similar law regarding public drunkenness Following article 28 of the modified law from June 29th 1989 people that in a state of drunkenness cause public disorder or are likely to be harmful for themselves or others can be arrested by the police without intervention of a judge or an attorney for no longer than 24 hours Once arrested this people benefit from the full range of rights guaranteed to any other arrested person for criminal reasons (right to immediate assistance of a lawyer or consular assistance for foreigners right to call a family member inventory of their belongings fresh water supply etchellip) As for any other detainee the privation of liberty can only take place after a medical visit that generally takes place at the police station The surgeon in charge has to establish a written document stating that the concerned person does not present any corporal AND mental diseases making detention inappropriate or potentially harmful During the detention time those persons are under close survey (continuously by video and physically every hour at least all those verifications have to be noted down in real time indicating the time of control and the name of the controlling officer in a registry that is accessible at any time to the NPM and to the Inspectorate general of the Police) The Luxemburgish NPM already conducted several visits to police stations especially during the weekend nights Generally there was no noticeable problem The average time of privation of liberty cannot exceed 24 hours practically the detention time is very rarely superior to 6 hours In general people picked up during the night are released in the early morning hours The maximum time encountered by the Luxemburgish NPM was 165 hours immediately followed by a detention time of 825 hours There is no continuous medical survey in Luxemburg in case of a medical urgency people are immediately transferred to the next hospital which practically never happened until today as people with severe intoxications are detected by the medical visit prior to detention and are immediately transferred to a hospital
21
People arrested in Luxemburg on the legal basis above cannot leave the police station by their own decision liberation is depending upon the decision of the commanding police officer of the concerned station We also have another legal basis article 37 of the modified Police-law from May 31st 1999 entitling the police to arrest under the same conditions and restrictions as above anybody who by his ldquofoolishrdquo (insenseacute en french) behavior in public is likely to be harmful for himself or for others even without consumption of alcohol or drug abusersquo
- Response from the NPM of Slovenia
lsquoIn Republic of Slovenia there are no lsquosobering-up stationsrsquo per se However the police may order and carry out detention of a person under the influence of alcohol in certain cases for example as defined in the Minor Offences Act according to which (also) police officers may order detention when the perpetrator is caught committing minor offence under the influence of alcohol or other psychoactive substances and there is danger that (s)he will continue to commit minor offences such detention (which is not the only possible one involving the police) takes place in detention rooms at police stations and can last until the perpetrator becomes sober or capable to control behavior - but no longer than 12 hours Regarding lsquocare given to drunk peoplersquo in police detention ndash first of all police officers are bound to make sure that detained person gets medical aid if needed (injuries signs of alcohol poisoninghellip) or if the person demands so - this can be provided by medical personnel coming to place of detention itself or by taking the person to proper institution Police officer carrying out the detention is actually bound to take care of safety in general of the detained person for the duration of detention at least regular physical supervision is necessary but most often technical (audio and video) is provided too Drinkable water must be provided at all times and generally also one cold meal If the person is brought in wearing wet or in any other way unsuitable clothing (given the season weather conditionshellip) police officer must provide the person with proper clothes or footwear for the duration of the detention Certain standards are prescribed for the detention rooms themselves also ndash in cases of detention of up to 12 hours the floor shall not be slippery air temperature shall not be under 18 degrees Celsius in any case the room shall be equipped with toilet facilities unbreakable wash-hand basin and fixed bed with impermeable inflammable and untearable pillow and two blankets All circumstances regarding the detention (condition of the person carried out physical supervisions provided clothing food etc) are to be also carefully documentedrsquo
- Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo
lsquoIn our Law of Police is regulated this question The police officer may detain a person under the influence of alcohol or other psychoactive substances under terms and conditions determined by special law and the detention can last up to 8 hours With this article is limited time of detention because for criminal acts detention in police station is maximum 24 hours ( 12 hours for juveniles) Person under the influence of alcohol has the same rights like other detainees We dont have special places for detention of intoxicated people and police use regular detention places in the police stations Pursuant to the Rulebook on the Manner of Performance of Police duties and the Standard Operating Procedures for Detention and Treatment of Detainees the head of shift (police officer for admission) is responsible for admission of persons giving advice on realization of hisher rights including continuous monitoring during the detention for the purpose of ensuring the detained personsrsquo safety in the police station So people who are detained in Police station have right for food and water right to an attorney and informing the family right to medical assistance The shift manager is obligated to assess the health status of detained persons upon admission and record the same in the detention report The shift manager records any visible injuries visible signs of illness influence of alcohol or psychotropic substances thereby assessing whether medical attention is required In case of serious injuries or if the detainee complains for pain or injuries the right to medical assistance is of priority and it is undertaken before any other activity For most of the police stations it was concluded that in cases when there is higher blood alcohol content among the detainees a doctor was not called by the shift manager and in that line the NPM gave a recommendation that a doctor should be called no matter whether the person asks for medical assistance This should be made in order to act in line with the temporary protection of the health of the person deprived of liberty
22
In our report for 2012 we have thematic part about People detained in police stations ndash alcohol abusers Here is our opinion The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed In four of the folders for detainees in PS ____ it was assessed that the people were drunk in the limits of 1 50 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officers Regarding your questions in my country we dont have special places for drunk people and they are placed in police station in period of 8 hours without possibility to leave before they sober up and permission by head of shift If they have visible injuries or ask for medical help its called doctor but we suggested hat the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of libertyrsquo
- Response from the NPM of Georgia
lsquoSince the Soviet period Georgia had no special institution for drunken individuals According to the Georgian legislation being under the influence of alcohol per se doesnrsquot constitute an infraction Although last year in one region Akhalkalaki the Georgian NPM revealed a vicious practice ndash drunken individuals were detained by the police and held in a police station without being registered in any special registry until next morning The fact has been mentioned in the Public Defenderrsquos Report for 2012 and the abolition of this kind of practice has been recommended to the Minister of Internal Affairs In general if a detained person has any kind of medical concern an officer in charge calls the emergency service the detainee could even be transferred to hospital for example in case of acute alcoholic intoxicationrsquo
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo
81 Introduction
The Luxembourg NPM contacted the European NPM Network regarding vulnerable groups in prison as it is about to prepare a mission on its national prisons specially focused on the respect of the rights and the treatment of particularly vulnerable categories of prisoners and wanted to draw upon other comparative NPM experiences The NPM was in particular focused on the following categories vulnerable groups middot lsquoPrisoners living in detention without interruption for more than 10 years middot Prisoners recently condemned to a sentence of 15 years minimum middot Prisoners recently condemned to a very short sentence (9 months maximum) middot Older prisoners minimum age of 55 years
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
13
board removal charter flights and the need for a ldquofit to fly certificaterdquo for persons to be deported In particular the CPT recommends that efforts be made for the revised training package for overseas escorts to be accredited and implemented at the earliest opportunity In their response the UK authorities indicate that an Independent Advisory Panel on Non-Compliance Management has been recruited to assess the quality and safety of the recently revised training package developed by the National Offender Management Service As regards the presence of a medical doctor on board the authorities indicate that ldquowhere indicated by risk assessment and where appropriate a doctor will be providedrdquo On the subject of the delivery of a ldquofit to fly certificaterdquo the authorities indicate that they do not consider it necessary ldquoto positively assert in all cases that a person is fit to fly based on the reasonable assumption that this will be the case in the vast majority of instancesrdquo Other important recommendations related to the presence of interpreters throughout the whole removal process (including on board the aircraft) as well as the provision of psychological support and counselling to better prepare the persons to be deported for their removal Recommendations are also made concerning the recruitment procedure of escort staff (which should include some form of psychological assessment) as well as the measures to be taken to avoid professional exhaustion syndrome and the risks related to routine and to ensure that escort staff maintain a certain emotional distance from the operational activities in which they are involved The CPT regrets that the Sri Lankan authorities did not allow its delegation to observe the hand-over of the returned detainees to local immigration staff The Committee invites the UK authorities to expressly address the issue of the role of monitoring bodies in readmission
agreements
The CPTs visit report and the response of the United Kingdom authorities are available on the Committees website httpwwwcptcoeint Council of Europe anti-torture Committee publishes report on Malta Strasbourg 04072013 ndash The CPT has published today the report on its September 2011 visit to Malta together with the Maltese authoritiesrsquo response The visit mainly focused on Corradino Correctional Facility the only prison in Malta In certain parts of the prison material conditions of detention had significantly improved since the CPTrsquos previous visit in 2008 However major shortcomings were found once again in several other areas of the establishment (in particular as regards the state of repair of cells and access to natural light) The situation was further exacerbated by the prevailing overcrowding and the lack of organised activities for many prisoners The CPT has recommended in particular that a comprehensive plan to renovate the entire prison be drawn up as soon as possible The CPT also carried out follow-up visits to Lyster and Safi Barracks the only two detention centres for foreigners which were operational at the time of the visit In its report the Committee expresses concern about the frequency and seriousness of allegations received from foreign nationals about the force used by soldiers and police officers in the context of disturbances which had occurred in August 2011 at the Safi Detention Centre it has recommended that a comprehensive inquiry by an independent body be carried out into this matter At the Lyster Detention Centre the CPT observed improvements both in terms of material conditions and activities provided to foreign nationals However the conditions under which foreign nationals were being held in the two Warehouses at Safi Barracks remained very poor Further in both detention centres the health-care services were clearly insufficient Following a brief visit to Mount Carmel Psychiatric Hospital the CPT has expressed serious misgivings about the manner in which agitated or suicidal patients had on occasion been managed It has also made a number of specific recommendations to improve living conditions in the Forensic Ward and the Ward for Irregular Migrants In their response the Maltese authorities provide information on the action taken to address the recommendations made by the Committee on the issues described above
The CPTrsquos report and the response have been published at the request of the Maltese authorities and are available on the Committeersquos website (httpwwwcptcoeint) Council of Europe anti-torture Committee publishes the Danish Governments response to the report on the visit to Greenland (September 2012) Strasbourg 03072013 - The CPT has published today the response of the Danish Government to the report on the Committeersquos ad hoc visit to Greenland in September 2012 The response has been made public at the request of the Danish authorities In its response the Danish Government provides information on the measures taken in the light of the recommendations made by the CPTrsquo
14
The CPTrsquos report on its visit to Greenland was made public in January 2013 The response is available on the Committees website wwwcptcoeint
32 Council of Europe Commissioner on Human Rights
lsquoTurkey police violence must not go unpunished Strasbourg 872013 - ldquoAll instances of excessive use of force by the police must be fully investigated and adequately punishedrdquo said Nils Muižnieks the Council of Europe Commissioner for Human Rights at the end of a five day visit to Istanbul and Ankara during which he discussed the Gezi Park events and other human rights issues The Commissioner recalled that according to the case-law of the European Court of Human Rights the failure to effectively investigate the misconduct of security forces was a human rights violation in itself and that Turkey had been condemned on numerous occasions by the Court precisely for this reason The Commissioner had received serious allegations of human rights violations committed by law enforcement forces against demonstrators backed up by witness accounts photos videos forensic evidence as well as the number of deaths and injuries over the course of the events Most of these reports concerned excessive and improper use of tear gas and ill-treatment by police at the time of apprehension On the other hand members of the government and security forces considered that the use of force had been proportionate in view of the actions of marginal groups hijacking the demonstrations except for isolated incidents which are under investigation [hellip] The Commissioner also noted that members of certain professional groups such as doctors lawyers academics teachers media professionals expressed fear of intimidation as well as of administrative and judicial measures against them as a result of their non-violent actions during the protests The Commissioner urged the Turkish authorities to allay these fears as a matter of urgency and to ensure that any perception of reprisals is averted The Commissioner also stated that there were certain shortcomings both in the Turkish legislation concerning the right to assembly and the role of law enforcement and its application by the competent authorities ldquoThe legislation and practice puts too much emphasis on the lawfulness of demonstrations as opposed to their peacefulness contrary to the European Convention on Human Rightsrdquo stated the Commissioner adding that the overwhelming majority of demonstrators in the Gezi Park events given the total participation of 25 million had thankfully been peaceful [hellip] The Commissioner also referred to his meetings with the newly established Ombudsman Office and the Turkish Human Rights Institution stating that the latest events provided a unique opportunity for these institutions to establish their credibility in the eyes of the Turkish public He stressed that citizens with grievances should also use the Ombudsman Office for redress including for actions of the security forces during demonstrationsrsquo The Commissionerrsquos report on his visit is forthcoming Press contact in the Commissionerrsquos Office Stefano Montanari stefanomontanaricoeint
33 Summaries of selected Article 3 cases before the European Court of Human Rights June and July 2013
AGAM DNM MKH MYH AND OTHERS NANS NMB NMY AND OTHERS SA V SWEDEN (NOS 7168010 2837911 7241310 5085910 6841110 6833510 7268610 6652310)
httphudocechrcoeintsitesengPagessearchaspxfulltext[AGAMDNMMKHMYH20AND20OTHERS]documentcollectionid2[GRANDCHAMBERCHAMBER]itemid[001-121571] 27 June 2013 ndash No violation of Article 2 and or Article 3 ndash No evidence to confirm that the
applicants would be exposed to a real risk of inhuman or degrading treatment or of becoming victims of honour-related crimes in the event of extradition in southern of central Iraq (for the applicants in the cases DNM and SA) or in Kurdistan (for the applicants in the other six cases)
15
All eight cases concerned the deportation of failed asylum-seekers originally from Baghdad Mosul and Kirkuk to Iraq The applicants in the cases DNM and SA alleged that if they were to be removed to Iraq they would be at risk of becoming victims of honour-related crimes due to their relations with women whom were disproved by their families while the other six applicants alleged that they would be at risk of persecution if deported to Iraq due to being Christian a religious minority in the country The Court noted that each of the applicantsrsquo claims had been examined and rejected by the Migration Board and the Migration Court particularly because the incidents of which the applicants were victim were mostly related to general security in Iraq at the time and that the applicants were not in need of asylum in Sweden since a number of years had since passed and the level of violence had thus declined The Court took into consideration the current national and international reports available and the gradual improvement that had been made Despite the applicantsrsquo personal circumstances (cases DNM and SA) and that their belonging to a vulnerable minority (the other six cases) would risk their lives and or facilitate inhuman or degrading treatment if removed the Court held that all ten applicants could relocate to other regions in Iraq such as Kurdistan in the north (concerning the six other cases) or to southern and central Iraq (cases DNM and SA) Therefore there would be no violation of Articles 2 and 3 of the Convention if the applicants were removed in southern or central Iraq or in Kurdistan
Horshill v Greece (application no7042711) httphudocechrcoeintsitesengPagessearchaspxfulltext[Horshill]languageisocode[FRA]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122973]
Detention of an asylum seeker in Greek police stations found to be degrading treatment incompatible with Article 3 of the Convention
In the Chamber judgment in the case of Horshill v Greece (application no7042711) the European Court of Human Rights held unanimously that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights The case concerned the placement in detention of Ismail Alfateh Horshill and the conditions in which he was detained The applicant a foreign national who was due to be deported was held successively for fifteen days in two police stations after having applied for asylum Pursuant to a decree transposing a directive from the Council of the European Union into national law Ismail Alfateh Horshill who had no travel documents was placed in detention by the Greek authorities Noting that the applicant had been released from detention after a short period of two weeks the Court considered that his detention had not been arbitrary and that it could not be concluded that it had not been ldquolawfulrdquo within the meaning of Article 5 sect 1 (f) of the Convention
Vinter and Others v United Kingdom - 6606909 13010 and 389610 Judgment 972013 [Grand Chamber]
httphudocechrcoeintsitesengPagessearchaspxfulltext[vinter]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122664] Article 3 The Grand Chamber agreed with and endorsed the Chamberrsquos finding that a grossly disproportionate sentence would violate Article 3 of the Convention although that test would be met only on rare and unique occasions In the instant case the applicants had not sought to argue that their whole life orders were grossly disproportionate instead they submitted that the absence of an in-built procedural requirement for a review constituted ill-treatment not only as the Chamber had found when there ceased to be legitimate penological grounds to justify continued detention but from the moment the order was made The Court reiterated that Contracting States must be allowed a margin of appreciation in deciding on the appropriate length of prison sentences for particular crimes and must remain free to impose life sentences on adult offenders for especially serious crimes However the imposition of an irreducible life sentence on an adult could raise an issue under Article 3 In determining whether a life sentence in a given case could be regarded as irreducible the Court would seek to ascertain whether the prisoner could be said to have any prospect of release Where national law afforded the possibility of review of a life sentence with a view to its
16
commutation remission termination or the conditional release of the prisoner that would be sufficient to satisfy Article 3 There were a number of reasons why for a life sentence to remain compatible with Article 3 there had to be both a prospect of release and a possibility of review Firstly it was axiomatic that a prisoner could not be detained unless there were legitimate penological grounds for that detention The balance between the justifications for detention was not necessarily static and could shift in the course of the sentence It was only by carrying out a review at an appropriate point in the sentence that these factors or shifts could be properly evaluated Secondly incarceration without any prospect of release or review carried the risk that the prisoner would never be able to atone for his offence whatever he did in prison and however exceptional his progress towards rehabilitation Thirdly it would be incompatible with human dignity for the State forcefully to deprive a person of his freedom without at least providing him with the chance to someday regain that freedom Moreover there was now clear support in European and international law for the principle that all prisoners including those serving life sentences should be offered the possibility of rehabilitation and the prospect of release if rehabilitation was achieved Accordingly Article 3 had to be interpreted as requiring reducibility of life sentences in the sense of a review allowing the domestic authorities to consider whether any changes in the life prisoner are so significant and such progress towards rehabilitation has been made in the course of the sentence as to mean that continued detention can no longer be justified on legitimate penological grounds While it was not the Courtrsquos task to prescribe the form (executive or judicial) which that review should take or to determine when it should take place the comparative and international law materials before it showed clear support for the institution of a dedicated mechanism guaranteeing a review no later than twenty-five years after the imposition of a life sentence with further periodic reviews thereafter A whole life sentence would not measure up to the standards of Article 3 where the domestic law did not provide for the possibility of such a review Lastly although the requisite review was a prospective event necessarily subsequent to the passing of the sentence a whole life prisoner should not be obliged to wait and serve an indeterminate number of years of his sentence before he could raise the complaint that the legal conditions attaching to his sentence failed to comply with the requirements of Article 3 Whole life prisoners were entitled to know at the outset of their sentence what they must do to be considered for release and under what conditions including when a review of their sentence will take place or may be sought Consequently where domestic law did not provide any mechanism or possibility for review of a whole life sentence the incompatibility with Article 3 on this ground already arose when the whole life sentence was imposed and not at a later stage of incarceration The Government had argued before the Court that the aim of the 2003 Act was to remove the executive from the decision-making process concerning life sentences and this was the reason for abolishing the 25-year review by the Home Secretary which had existed beforehand However the Court considered that it would have been more consistent with the legislative aim to provide that the 25-year review would be conducted within a judicial frame- work rather than completely eliminated The Court also found that the current law concerning the prospect of release of life prisoners in England and Wales was unclear Although section 30 of the 1997 Act gave the Justice Secretary the power to release any prisoner including one serving a whole life order the relevant Prison Service Order provided that release would only be ordered if a prisoner was terminally ill or physically incapacitated These were highly restrictive conditions and in the Courtrsquos view compassionate release of this kind would not be what was meant by a ldquoprospect of releaserdquo in Kafkaris In light therefore of this contrast between the broad wording of section 30 and the exhaustive conditions announced in the Prison Service Order as well as the absence of any dedicated review mechanism for whole life orders the Court was not persuaded that at the present time the applicantsrsquo life sentences could be regarded as reducible for the purposes of Article 3 The requirements of that provision had not therefore been met in relation to any of the three applicants The Court emphasised however that the finding of a violation in the applicantsrsquo cases should not be understood as giving them any prospect of imminent release Whether or not they should be released would depend for example on whether there were still legitimate penological grounds for their continued detention and whether they should continue to be detained on grounds of dangerous- ness These questions were not in issue in this case and were not the subject of argument before the Court Conclusion violation (sixteen votes to one) Article 41 Finding of a violation constituted sufficient just satisfaction for any non-pecuniary damage sustained by the first applicant No claim made by the other applicants
17
4 European Union and associated bodies
41 European Union Agency for Fundamental Rights (FRA)
June 2013 the European Court of Human Rights (ECtHR) and the European Union Agency for Fundamental Rights (FRA) published a joint Handbook on European law relating to asylum borders and immigration on 11 June lsquoIt examines the relevant law in the field of asylum borders and immigration stemming from both European systems the European Union and the Council of Europe It provides an accessible guide to the various European standards relevant to asylum borders and immigration The handbook is the second joint publication of this kind following a first handbook on non-discrimination issued in 2011 It is based on the case law of the European Court of Human Rights and the European Court of Justice as well as on the relevant EU regulations and directives It is also a first point of reference on the European Social Charter (ESC) and other instruments of the Council of Europe It is designed to assist legal practitioners at national and European level including lawyers judges prosecutors border guards immigration officials and others working with national authorities as well as non-governmental organisations and other bodies that may be confronted with legal questions in any of the areas the handbook sets out to coverrsquo The handbook is available at httpfraeuropaeusitesdefaultfileshandbook-law-asylum-migration-borders_enpdf
5 News from NGOs amp general updates
51 The Association for the Prevention of Torture Geneva (APT)
lsquoRights within the EU What role for European Institutions Monday September 16 2013 ldquoThe Treaties of the European Union state that the EU is founded on the value of respect for human rightsrdquo However much remains to be done for EU institutions to properly address gross human rights violations within the EU particularly the Council of the European Union This is the message that members of the Human Rights and Democracy Network which the APT is part of have sent to the representatives of all key EU institutions The letter singles out the EU Council Working Party on Fundamental Rights and Free Movement of Persons (FREMP) which has ldquobeen largely confined to negotiating the EU accession to the European Convention on Human Rightsrdquo rather than seeking to address serious human rights abuses within the European Union The letter concludes with a set of practical and constructive recommendations to the main EU institutions including the Council Commission Parliament and the Fundamental Rights Agency including strengthening the mandate of the latter The APT supports these recommendations and calls on remaining EU states that have not yet done so to ratify the Optional Protocol to the UN Convention against Torture (OPCAT) Presently 7 members of the EU (Belgium Finland Greece Ireland Latvia Lithuania and Slovakia) are not party to this innovative treaty The APT also calls on EU states that have established or designated National Preventive Mechanisms under the OPCAT to provide them with the necessary independence and resources as well as engaging in a constructive dialogue with these institutions to meaningfully reduce the risk of abuse on persons deprived of their libertyrsquo See more at httpwwwaptchennews_on_preventionrights-within-the-eu-what-role-for-european-institutionsUjnGb-DZn4Y lsquoExcessive use of pre-trial detention in the EU Tuesday September 10 2013 The APT today co-signed a letter sent to European Commission Vice-President Viviane Reding urging the Commission to take steps aimed at reducing the excessive periods of time people spend in pre-trial detention and to increase the use of alternatives
18
Across the European Union both the use and material conditions of pre-trial detention vary considerably and can have a very detrimental impact on persons deprived of their liberty Among other issues the letter calls on the Commission to take concrete steps to establish minimum and enforceable EU standards on pre-trial detention The letter is co-signed by 22 NGOs and has been copied to various relevant European Commission actorsrsquo lsquoInstitutional culture in detention a framework for preventive monitoring This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts It is the second in a series of thematic papers on aspects of detention monitoring which have so far been under-researched and received little attention They are the result of a joint project between the APT and Penal Reform International (PRI) with financial assistance of the UK Government and the European Unionrsquo See further details at httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17 Read more on the APT website at httpwwwaptch
52 Penal Reform International (PRI)
- Institutional culture in detention a framework for preventive monitoring
This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other forms of ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts This resource from PRI and the Association for the Prevention of Torture (APT) is designed to - raise awareness among monitoring bodies of the role of culture in places of detention in the prevention of torture and ill-treatment - provide a framework for understanding culture in places of detention - outline some common cultural attitudes that can represent risk factors for torture and ill-treatment - provide some examples of processes and factors that contribute to positive culture change in places of detention httpwwwpenalreformorgresourceinstitutional-culture-detention-framework-preventive-monitoring-3
- PRI briefing on complaints mechanisms in its Justice for Children series
Part of PRIs series of Justice for Children Briefings this resource explains a childs right to complain about his or her care treatment and conditions while deprived of their liberty Upholding the right to complain is very important for giving a voice to children in detention and for ensuring that their other human rights are protected The briefing looks at the basis of this right in international and regional treaties and standards and challenges to children in fulfilling this right It identifies key elements for creating an effective complaints mechanism and provides recommendations to ensure children can achieve their right to make complaints httpwwwpenalreformorgresourcechildren-deprived-liberty-complaints
- The Guide on gender-sensitive monitoring
The Guide is now also available in Spanish
httpwwwpenalreformorgresourcewomen-detention-guide-gendersensitive-monitoring
19
6 Immigration detention and monitoring updates
61 Council of Europe Immigration Issues
611 Migration Co-ordination Division update on work in the field of asylum and immigration
Recent editions of the Migration Co-ordination Newsletter were published in July and August 2013 The Newsletter provides a glance at some of the relevant Council of Europe activities on migration asylum and integration It will be published monthly and sent electronically to interested parties As we all know migration constitutes an ever-growing concern within the field of human rights and different aspects of migration profoundly affect social well-being In the foreseeable future these issues will only grow in importance and relevance across Europe Here the Council of Europe has a lot to offer The Migration Co-ordination Division hopes that this newsletter can give readers an insight into some of the debates and migration related activities as they unfolded at the Council in the months of June July and August The Newsletters are available at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp You can subscribe to future newsletters by sending an email to migration-newslettercoeint and you can search the archives for previous newsletters at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp Ukraine Efforts to improve policies and practices of detention of foreigners Strasbourg 4 July 2013 The Ukrainian authorities are engaged in serious efforts to bring their national policy and practice with regard to the detention of migrants and asylum-seekers in line with the Council of Europe standards A recent legislative initiative to amend several legal acts governing the status and the judicial protection of foreigners and stateless persons (draft law No 2743) emphasises the commitment of the Ukrainian government to ensure a judicial review of decisions depriving foreigners of their right to liberty The Council of Europe Migration Co-ordinator Christos Giakoumopoulos said the amendments which are currently examined by the Ukrainian parliament (Verhovna Rada) are an important step in ensuring compliance with Council of Europe norms as they are clearly inspired by the recommendations of the Committee of Ministers of the Council of Europe Moreover he said these amendments constitute a positive development in the process of the implementation of several judgements of the European Court of Human Rights such as for example the Soldatenko v Ukraine group of cases and the case of Nowak v Ukraine in which Ukraine was found in breach of the European Convention of Human Rights on account of unlawful detentions and lack of judicial control
62 Council of Europe Parliamentary Assembly (PACE) Migration Committee
Assistance to Syrian refugees after Lebanon PACE rapporteur continues visit to Turkey lsquoStrasbourg 21082013 ndash Jean-Marie Bockel (France EPPCD) who is preparing a report for the Parliamentary Assembly of the Council of Europe (PACE) on international assistance for Syrian refugees in Jordan Turkey Lebanon and Iraq today begins a fact-finding visit to Turkey (21 to 22 August 2013) following on from a visit to Lebanon (19-20 August) In Hatay (21-22 August) Mr Bockel will meet the Governor of Hatay and Turkish government officials ndash including from the Disaster and Emergency Management Presidency in the Prime Ministersrsquo Office ndash as well as representatives of the Red Crescent in Turkey He will also visit a local centre where refugees are accommodated and will speak to local residents about the impact of the refugee influx on the local community In Lebanon Mr Bockel met Syrian refugees in Alaawi (South Lebanon) and Ketermaya (Mount Lebanon) and discussed their situation with representatives of the UN High Commissioner for
20
Refugees and other NGOs working in the field During these exchanges of view he drew the authoritiesrsquo attention in particular to the situation of women and children Mr Bockelrsquos report is a follow-up to a current affairs debate held by the Assembly on this topic in April 2013rsquo For more details see httpassemblycoeintASPNewsManagerEMB_NewsManagerViewaspID=8977ampL=2
7 NPM discussion topic No 1 ldquothe monitoring of sobering-up detentionrdquo
71 Introduction
The thematic section for this Newsletter is on the experiences of NPMs regarding sobering-up detention The Polish NPM is currently preparing a thematic report and a conference regarding sobering-up stations and is looking for comparative experiences of monitoring such places from other CoE region NPMs In Poland these are institutions where drunk individuals are detained until they get sober for no longer than 24 hours In these places there is a non-stop medical service given to those people Those individuals are escorted there by the police because of their behaviour in public or at home The Polish NPM questions to the European NPM Network are
- how in your countries is the problem of care given to drunk people is solved - Where are drunk individuals placed (detained) if they are stopped by the Police - Can they leave those places anytime or they have to stay there till they are sober - What kind of care is given to them
The overview of responses to these questions form the European NPM Network members is below
72 Overview of responses from the European NPMs
- Response from the NPM of Luxembourg lsquoIn Luxemburg we have a very similar law regarding public drunkenness Following article 28 of the modified law from June 29th 1989 people that in a state of drunkenness cause public disorder or are likely to be harmful for themselves or others can be arrested by the police without intervention of a judge or an attorney for no longer than 24 hours Once arrested this people benefit from the full range of rights guaranteed to any other arrested person for criminal reasons (right to immediate assistance of a lawyer or consular assistance for foreigners right to call a family member inventory of their belongings fresh water supply etchellip) As for any other detainee the privation of liberty can only take place after a medical visit that generally takes place at the police station The surgeon in charge has to establish a written document stating that the concerned person does not present any corporal AND mental diseases making detention inappropriate or potentially harmful During the detention time those persons are under close survey (continuously by video and physically every hour at least all those verifications have to be noted down in real time indicating the time of control and the name of the controlling officer in a registry that is accessible at any time to the NPM and to the Inspectorate general of the Police) The Luxemburgish NPM already conducted several visits to police stations especially during the weekend nights Generally there was no noticeable problem The average time of privation of liberty cannot exceed 24 hours practically the detention time is very rarely superior to 6 hours In general people picked up during the night are released in the early morning hours The maximum time encountered by the Luxemburgish NPM was 165 hours immediately followed by a detention time of 825 hours There is no continuous medical survey in Luxemburg in case of a medical urgency people are immediately transferred to the next hospital which practically never happened until today as people with severe intoxications are detected by the medical visit prior to detention and are immediately transferred to a hospital
21
People arrested in Luxemburg on the legal basis above cannot leave the police station by their own decision liberation is depending upon the decision of the commanding police officer of the concerned station We also have another legal basis article 37 of the modified Police-law from May 31st 1999 entitling the police to arrest under the same conditions and restrictions as above anybody who by his ldquofoolishrdquo (insenseacute en french) behavior in public is likely to be harmful for himself or for others even without consumption of alcohol or drug abusersquo
- Response from the NPM of Slovenia
lsquoIn Republic of Slovenia there are no lsquosobering-up stationsrsquo per se However the police may order and carry out detention of a person under the influence of alcohol in certain cases for example as defined in the Minor Offences Act according to which (also) police officers may order detention when the perpetrator is caught committing minor offence under the influence of alcohol or other psychoactive substances and there is danger that (s)he will continue to commit minor offences such detention (which is not the only possible one involving the police) takes place in detention rooms at police stations and can last until the perpetrator becomes sober or capable to control behavior - but no longer than 12 hours Regarding lsquocare given to drunk peoplersquo in police detention ndash first of all police officers are bound to make sure that detained person gets medical aid if needed (injuries signs of alcohol poisoninghellip) or if the person demands so - this can be provided by medical personnel coming to place of detention itself or by taking the person to proper institution Police officer carrying out the detention is actually bound to take care of safety in general of the detained person for the duration of detention at least regular physical supervision is necessary but most often technical (audio and video) is provided too Drinkable water must be provided at all times and generally also one cold meal If the person is brought in wearing wet or in any other way unsuitable clothing (given the season weather conditionshellip) police officer must provide the person with proper clothes or footwear for the duration of the detention Certain standards are prescribed for the detention rooms themselves also ndash in cases of detention of up to 12 hours the floor shall not be slippery air temperature shall not be under 18 degrees Celsius in any case the room shall be equipped with toilet facilities unbreakable wash-hand basin and fixed bed with impermeable inflammable and untearable pillow and two blankets All circumstances regarding the detention (condition of the person carried out physical supervisions provided clothing food etc) are to be also carefully documentedrsquo
- Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo
lsquoIn our Law of Police is regulated this question The police officer may detain a person under the influence of alcohol or other psychoactive substances under terms and conditions determined by special law and the detention can last up to 8 hours With this article is limited time of detention because for criminal acts detention in police station is maximum 24 hours ( 12 hours for juveniles) Person under the influence of alcohol has the same rights like other detainees We dont have special places for detention of intoxicated people and police use regular detention places in the police stations Pursuant to the Rulebook on the Manner of Performance of Police duties and the Standard Operating Procedures for Detention and Treatment of Detainees the head of shift (police officer for admission) is responsible for admission of persons giving advice on realization of hisher rights including continuous monitoring during the detention for the purpose of ensuring the detained personsrsquo safety in the police station So people who are detained in Police station have right for food and water right to an attorney and informing the family right to medical assistance The shift manager is obligated to assess the health status of detained persons upon admission and record the same in the detention report The shift manager records any visible injuries visible signs of illness influence of alcohol or psychotropic substances thereby assessing whether medical attention is required In case of serious injuries or if the detainee complains for pain or injuries the right to medical assistance is of priority and it is undertaken before any other activity For most of the police stations it was concluded that in cases when there is higher blood alcohol content among the detainees a doctor was not called by the shift manager and in that line the NPM gave a recommendation that a doctor should be called no matter whether the person asks for medical assistance This should be made in order to act in line with the temporary protection of the health of the person deprived of liberty
22
In our report for 2012 we have thematic part about People detained in police stations ndash alcohol abusers Here is our opinion The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed In four of the folders for detainees in PS ____ it was assessed that the people were drunk in the limits of 1 50 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officers Regarding your questions in my country we dont have special places for drunk people and they are placed in police station in period of 8 hours without possibility to leave before they sober up and permission by head of shift If they have visible injuries or ask for medical help its called doctor but we suggested hat the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of libertyrsquo
- Response from the NPM of Georgia
lsquoSince the Soviet period Georgia had no special institution for drunken individuals According to the Georgian legislation being under the influence of alcohol per se doesnrsquot constitute an infraction Although last year in one region Akhalkalaki the Georgian NPM revealed a vicious practice ndash drunken individuals were detained by the police and held in a police station without being registered in any special registry until next morning The fact has been mentioned in the Public Defenderrsquos Report for 2012 and the abolition of this kind of practice has been recommended to the Minister of Internal Affairs In general if a detained person has any kind of medical concern an officer in charge calls the emergency service the detainee could even be transferred to hospital for example in case of acute alcoholic intoxicationrsquo
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo
81 Introduction
The Luxembourg NPM contacted the European NPM Network regarding vulnerable groups in prison as it is about to prepare a mission on its national prisons specially focused on the respect of the rights and the treatment of particularly vulnerable categories of prisoners and wanted to draw upon other comparative NPM experiences The NPM was in particular focused on the following categories vulnerable groups middot lsquoPrisoners living in detention without interruption for more than 10 years middot Prisoners recently condemned to a sentence of 15 years minimum middot Prisoners recently condemned to a very short sentence (9 months maximum) middot Older prisoners minimum age of 55 years
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
14
The CPTrsquos report on its visit to Greenland was made public in January 2013 The response is available on the Committees website wwwcptcoeint
32 Council of Europe Commissioner on Human Rights
lsquoTurkey police violence must not go unpunished Strasbourg 872013 - ldquoAll instances of excessive use of force by the police must be fully investigated and adequately punishedrdquo said Nils Muižnieks the Council of Europe Commissioner for Human Rights at the end of a five day visit to Istanbul and Ankara during which he discussed the Gezi Park events and other human rights issues The Commissioner recalled that according to the case-law of the European Court of Human Rights the failure to effectively investigate the misconduct of security forces was a human rights violation in itself and that Turkey had been condemned on numerous occasions by the Court precisely for this reason The Commissioner had received serious allegations of human rights violations committed by law enforcement forces against demonstrators backed up by witness accounts photos videos forensic evidence as well as the number of deaths and injuries over the course of the events Most of these reports concerned excessive and improper use of tear gas and ill-treatment by police at the time of apprehension On the other hand members of the government and security forces considered that the use of force had been proportionate in view of the actions of marginal groups hijacking the demonstrations except for isolated incidents which are under investigation [hellip] The Commissioner also noted that members of certain professional groups such as doctors lawyers academics teachers media professionals expressed fear of intimidation as well as of administrative and judicial measures against them as a result of their non-violent actions during the protests The Commissioner urged the Turkish authorities to allay these fears as a matter of urgency and to ensure that any perception of reprisals is averted The Commissioner also stated that there were certain shortcomings both in the Turkish legislation concerning the right to assembly and the role of law enforcement and its application by the competent authorities ldquoThe legislation and practice puts too much emphasis on the lawfulness of demonstrations as opposed to their peacefulness contrary to the European Convention on Human Rightsrdquo stated the Commissioner adding that the overwhelming majority of demonstrators in the Gezi Park events given the total participation of 25 million had thankfully been peaceful [hellip] The Commissioner also referred to his meetings with the newly established Ombudsman Office and the Turkish Human Rights Institution stating that the latest events provided a unique opportunity for these institutions to establish their credibility in the eyes of the Turkish public He stressed that citizens with grievances should also use the Ombudsman Office for redress including for actions of the security forces during demonstrationsrsquo The Commissionerrsquos report on his visit is forthcoming Press contact in the Commissionerrsquos Office Stefano Montanari stefanomontanaricoeint
33 Summaries of selected Article 3 cases before the European Court of Human Rights June and July 2013
AGAM DNM MKH MYH AND OTHERS NANS NMB NMY AND OTHERS SA V SWEDEN (NOS 7168010 2837911 7241310 5085910 6841110 6833510 7268610 6652310)
httphudocechrcoeintsitesengPagessearchaspxfulltext[AGAMDNMMKHMYH20AND20OTHERS]documentcollectionid2[GRANDCHAMBERCHAMBER]itemid[001-121571] 27 June 2013 ndash No violation of Article 2 and or Article 3 ndash No evidence to confirm that the
applicants would be exposed to a real risk of inhuman or degrading treatment or of becoming victims of honour-related crimes in the event of extradition in southern of central Iraq (for the applicants in the cases DNM and SA) or in Kurdistan (for the applicants in the other six cases)
15
All eight cases concerned the deportation of failed asylum-seekers originally from Baghdad Mosul and Kirkuk to Iraq The applicants in the cases DNM and SA alleged that if they were to be removed to Iraq they would be at risk of becoming victims of honour-related crimes due to their relations with women whom were disproved by their families while the other six applicants alleged that they would be at risk of persecution if deported to Iraq due to being Christian a religious minority in the country The Court noted that each of the applicantsrsquo claims had been examined and rejected by the Migration Board and the Migration Court particularly because the incidents of which the applicants were victim were mostly related to general security in Iraq at the time and that the applicants were not in need of asylum in Sweden since a number of years had since passed and the level of violence had thus declined The Court took into consideration the current national and international reports available and the gradual improvement that had been made Despite the applicantsrsquo personal circumstances (cases DNM and SA) and that their belonging to a vulnerable minority (the other six cases) would risk their lives and or facilitate inhuman or degrading treatment if removed the Court held that all ten applicants could relocate to other regions in Iraq such as Kurdistan in the north (concerning the six other cases) or to southern and central Iraq (cases DNM and SA) Therefore there would be no violation of Articles 2 and 3 of the Convention if the applicants were removed in southern or central Iraq or in Kurdistan
Horshill v Greece (application no7042711) httphudocechrcoeintsitesengPagessearchaspxfulltext[Horshill]languageisocode[FRA]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122973]
Detention of an asylum seeker in Greek police stations found to be degrading treatment incompatible with Article 3 of the Convention
In the Chamber judgment in the case of Horshill v Greece (application no7042711) the European Court of Human Rights held unanimously that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights The case concerned the placement in detention of Ismail Alfateh Horshill and the conditions in which he was detained The applicant a foreign national who was due to be deported was held successively for fifteen days in two police stations after having applied for asylum Pursuant to a decree transposing a directive from the Council of the European Union into national law Ismail Alfateh Horshill who had no travel documents was placed in detention by the Greek authorities Noting that the applicant had been released from detention after a short period of two weeks the Court considered that his detention had not been arbitrary and that it could not be concluded that it had not been ldquolawfulrdquo within the meaning of Article 5 sect 1 (f) of the Convention
Vinter and Others v United Kingdom - 6606909 13010 and 389610 Judgment 972013 [Grand Chamber]
httphudocechrcoeintsitesengPagessearchaspxfulltext[vinter]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122664] Article 3 The Grand Chamber agreed with and endorsed the Chamberrsquos finding that a grossly disproportionate sentence would violate Article 3 of the Convention although that test would be met only on rare and unique occasions In the instant case the applicants had not sought to argue that their whole life orders were grossly disproportionate instead they submitted that the absence of an in-built procedural requirement for a review constituted ill-treatment not only as the Chamber had found when there ceased to be legitimate penological grounds to justify continued detention but from the moment the order was made The Court reiterated that Contracting States must be allowed a margin of appreciation in deciding on the appropriate length of prison sentences for particular crimes and must remain free to impose life sentences on adult offenders for especially serious crimes However the imposition of an irreducible life sentence on an adult could raise an issue under Article 3 In determining whether a life sentence in a given case could be regarded as irreducible the Court would seek to ascertain whether the prisoner could be said to have any prospect of release Where national law afforded the possibility of review of a life sentence with a view to its
16
commutation remission termination or the conditional release of the prisoner that would be sufficient to satisfy Article 3 There were a number of reasons why for a life sentence to remain compatible with Article 3 there had to be both a prospect of release and a possibility of review Firstly it was axiomatic that a prisoner could not be detained unless there were legitimate penological grounds for that detention The balance between the justifications for detention was not necessarily static and could shift in the course of the sentence It was only by carrying out a review at an appropriate point in the sentence that these factors or shifts could be properly evaluated Secondly incarceration without any prospect of release or review carried the risk that the prisoner would never be able to atone for his offence whatever he did in prison and however exceptional his progress towards rehabilitation Thirdly it would be incompatible with human dignity for the State forcefully to deprive a person of his freedom without at least providing him with the chance to someday regain that freedom Moreover there was now clear support in European and international law for the principle that all prisoners including those serving life sentences should be offered the possibility of rehabilitation and the prospect of release if rehabilitation was achieved Accordingly Article 3 had to be interpreted as requiring reducibility of life sentences in the sense of a review allowing the domestic authorities to consider whether any changes in the life prisoner are so significant and such progress towards rehabilitation has been made in the course of the sentence as to mean that continued detention can no longer be justified on legitimate penological grounds While it was not the Courtrsquos task to prescribe the form (executive or judicial) which that review should take or to determine when it should take place the comparative and international law materials before it showed clear support for the institution of a dedicated mechanism guaranteeing a review no later than twenty-five years after the imposition of a life sentence with further periodic reviews thereafter A whole life sentence would not measure up to the standards of Article 3 where the domestic law did not provide for the possibility of such a review Lastly although the requisite review was a prospective event necessarily subsequent to the passing of the sentence a whole life prisoner should not be obliged to wait and serve an indeterminate number of years of his sentence before he could raise the complaint that the legal conditions attaching to his sentence failed to comply with the requirements of Article 3 Whole life prisoners were entitled to know at the outset of their sentence what they must do to be considered for release and under what conditions including when a review of their sentence will take place or may be sought Consequently where domestic law did not provide any mechanism or possibility for review of a whole life sentence the incompatibility with Article 3 on this ground already arose when the whole life sentence was imposed and not at a later stage of incarceration The Government had argued before the Court that the aim of the 2003 Act was to remove the executive from the decision-making process concerning life sentences and this was the reason for abolishing the 25-year review by the Home Secretary which had existed beforehand However the Court considered that it would have been more consistent with the legislative aim to provide that the 25-year review would be conducted within a judicial frame- work rather than completely eliminated The Court also found that the current law concerning the prospect of release of life prisoners in England and Wales was unclear Although section 30 of the 1997 Act gave the Justice Secretary the power to release any prisoner including one serving a whole life order the relevant Prison Service Order provided that release would only be ordered if a prisoner was terminally ill or physically incapacitated These were highly restrictive conditions and in the Courtrsquos view compassionate release of this kind would not be what was meant by a ldquoprospect of releaserdquo in Kafkaris In light therefore of this contrast between the broad wording of section 30 and the exhaustive conditions announced in the Prison Service Order as well as the absence of any dedicated review mechanism for whole life orders the Court was not persuaded that at the present time the applicantsrsquo life sentences could be regarded as reducible for the purposes of Article 3 The requirements of that provision had not therefore been met in relation to any of the three applicants The Court emphasised however that the finding of a violation in the applicantsrsquo cases should not be understood as giving them any prospect of imminent release Whether or not they should be released would depend for example on whether there were still legitimate penological grounds for their continued detention and whether they should continue to be detained on grounds of dangerous- ness These questions were not in issue in this case and were not the subject of argument before the Court Conclusion violation (sixteen votes to one) Article 41 Finding of a violation constituted sufficient just satisfaction for any non-pecuniary damage sustained by the first applicant No claim made by the other applicants
17
4 European Union and associated bodies
41 European Union Agency for Fundamental Rights (FRA)
June 2013 the European Court of Human Rights (ECtHR) and the European Union Agency for Fundamental Rights (FRA) published a joint Handbook on European law relating to asylum borders and immigration on 11 June lsquoIt examines the relevant law in the field of asylum borders and immigration stemming from both European systems the European Union and the Council of Europe It provides an accessible guide to the various European standards relevant to asylum borders and immigration The handbook is the second joint publication of this kind following a first handbook on non-discrimination issued in 2011 It is based on the case law of the European Court of Human Rights and the European Court of Justice as well as on the relevant EU regulations and directives It is also a first point of reference on the European Social Charter (ESC) and other instruments of the Council of Europe It is designed to assist legal practitioners at national and European level including lawyers judges prosecutors border guards immigration officials and others working with national authorities as well as non-governmental organisations and other bodies that may be confronted with legal questions in any of the areas the handbook sets out to coverrsquo The handbook is available at httpfraeuropaeusitesdefaultfileshandbook-law-asylum-migration-borders_enpdf
5 News from NGOs amp general updates
51 The Association for the Prevention of Torture Geneva (APT)
lsquoRights within the EU What role for European Institutions Monday September 16 2013 ldquoThe Treaties of the European Union state that the EU is founded on the value of respect for human rightsrdquo However much remains to be done for EU institutions to properly address gross human rights violations within the EU particularly the Council of the European Union This is the message that members of the Human Rights and Democracy Network which the APT is part of have sent to the representatives of all key EU institutions The letter singles out the EU Council Working Party on Fundamental Rights and Free Movement of Persons (FREMP) which has ldquobeen largely confined to negotiating the EU accession to the European Convention on Human Rightsrdquo rather than seeking to address serious human rights abuses within the European Union The letter concludes with a set of practical and constructive recommendations to the main EU institutions including the Council Commission Parliament and the Fundamental Rights Agency including strengthening the mandate of the latter The APT supports these recommendations and calls on remaining EU states that have not yet done so to ratify the Optional Protocol to the UN Convention against Torture (OPCAT) Presently 7 members of the EU (Belgium Finland Greece Ireland Latvia Lithuania and Slovakia) are not party to this innovative treaty The APT also calls on EU states that have established or designated National Preventive Mechanisms under the OPCAT to provide them with the necessary independence and resources as well as engaging in a constructive dialogue with these institutions to meaningfully reduce the risk of abuse on persons deprived of their libertyrsquo See more at httpwwwaptchennews_on_preventionrights-within-the-eu-what-role-for-european-institutionsUjnGb-DZn4Y lsquoExcessive use of pre-trial detention in the EU Tuesday September 10 2013 The APT today co-signed a letter sent to European Commission Vice-President Viviane Reding urging the Commission to take steps aimed at reducing the excessive periods of time people spend in pre-trial detention and to increase the use of alternatives
18
Across the European Union both the use and material conditions of pre-trial detention vary considerably and can have a very detrimental impact on persons deprived of their liberty Among other issues the letter calls on the Commission to take concrete steps to establish minimum and enforceable EU standards on pre-trial detention The letter is co-signed by 22 NGOs and has been copied to various relevant European Commission actorsrsquo lsquoInstitutional culture in detention a framework for preventive monitoring This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts It is the second in a series of thematic papers on aspects of detention monitoring which have so far been under-researched and received little attention They are the result of a joint project between the APT and Penal Reform International (PRI) with financial assistance of the UK Government and the European Unionrsquo See further details at httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17 Read more on the APT website at httpwwwaptch
52 Penal Reform International (PRI)
- Institutional culture in detention a framework for preventive monitoring
This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other forms of ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts This resource from PRI and the Association for the Prevention of Torture (APT) is designed to - raise awareness among monitoring bodies of the role of culture in places of detention in the prevention of torture and ill-treatment - provide a framework for understanding culture in places of detention - outline some common cultural attitudes that can represent risk factors for torture and ill-treatment - provide some examples of processes and factors that contribute to positive culture change in places of detention httpwwwpenalreformorgresourceinstitutional-culture-detention-framework-preventive-monitoring-3
- PRI briefing on complaints mechanisms in its Justice for Children series
Part of PRIs series of Justice for Children Briefings this resource explains a childs right to complain about his or her care treatment and conditions while deprived of their liberty Upholding the right to complain is very important for giving a voice to children in detention and for ensuring that their other human rights are protected The briefing looks at the basis of this right in international and regional treaties and standards and challenges to children in fulfilling this right It identifies key elements for creating an effective complaints mechanism and provides recommendations to ensure children can achieve their right to make complaints httpwwwpenalreformorgresourcechildren-deprived-liberty-complaints
- The Guide on gender-sensitive monitoring
The Guide is now also available in Spanish
httpwwwpenalreformorgresourcewomen-detention-guide-gendersensitive-monitoring
19
6 Immigration detention and monitoring updates
61 Council of Europe Immigration Issues
611 Migration Co-ordination Division update on work in the field of asylum and immigration
Recent editions of the Migration Co-ordination Newsletter were published in July and August 2013 The Newsletter provides a glance at some of the relevant Council of Europe activities on migration asylum and integration It will be published monthly and sent electronically to interested parties As we all know migration constitutes an ever-growing concern within the field of human rights and different aspects of migration profoundly affect social well-being In the foreseeable future these issues will only grow in importance and relevance across Europe Here the Council of Europe has a lot to offer The Migration Co-ordination Division hopes that this newsletter can give readers an insight into some of the debates and migration related activities as they unfolded at the Council in the months of June July and August The Newsletters are available at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp You can subscribe to future newsletters by sending an email to migration-newslettercoeint and you can search the archives for previous newsletters at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp Ukraine Efforts to improve policies and practices of detention of foreigners Strasbourg 4 July 2013 The Ukrainian authorities are engaged in serious efforts to bring their national policy and practice with regard to the detention of migrants and asylum-seekers in line with the Council of Europe standards A recent legislative initiative to amend several legal acts governing the status and the judicial protection of foreigners and stateless persons (draft law No 2743) emphasises the commitment of the Ukrainian government to ensure a judicial review of decisions depriving foreigners of their right to liberty The Council of Europe Migration Co-ordinator Christos Giakoumopoulos said the amendments which are currently examined by the Ukrainian parliament (Verhovna Rada) are an important step in ensuring compliance with Council of Europe norms as they are clearly inspired by the recommendations of the Committee of Ministers of the Council of Europe Moreover he said these amendments constitute a positive development in the process of the implementation of several judgements of the European Court of Human Rights such as for example the Soldatenko v Ukraine group of cases and the case of Nowak v Ukraine in which Ukraine was found in breach of the European Convention of Human Rights on account of unlawful detentions and lack of judicial control
62 Council of Europe Parliamentary Assembly (PACE) Migration Committee
Assistance to Syrian refugees after Lebanon PACE rapporteur continues visit to Turkey lsquoStrasbourg 21082013 ndash Jean-Marie Bockel (France EPPCD) who is preparing a report for the Parliamentary Assembly of the Council of Europe (PACE) on international assistance for Syrian refugees in Jordan Turkey Lebanon and Iraq today begins a fact-finding visit to Turkey (21 to 22 August 2013) following on from a visit to Lebanon (19-20 August) In Hatay (21-22 August) Mr Bockel will meet the Governor of Hatay and Turkish government officials ndash including from the Disaster and Emergency Management Presidency in the Prime Ministersrsquo Office ndash as well as representatives of the Red Crescent in Turkey He will also visit a local centre where refugees are accommodated and will speak to local residents about the impact of the refugee influx on the local community In Lebanon Mr Bockel met Syrian refugees in Alaawi (South Lebanon) and Ketermaya (Mount Lebanon) and discussed their situation with representatives of the UN High Commissioner for
20
Refugees and other NGOs working in the field During these exchanges of view he drew the authoritiesrsquo attention in particular to the situation of women and children Mr Bockelrsquos report is a follow-up to a current affairs debate held by the Assembly on this topic in April 2013rsquo For more details see httpassemblycoeintASPNewsManagerEMB_NewsManagerViewaspID=8977ampL=2
7 NPM discussion topic No 1 ldquothe monitoring of sobering-up detentionrdquo
71 Introduction
The thematic section for this Newsletter is on the experiences of NPMs regarding sobering-up detention The Polish NPM is currently preparing a thematic report and a conference regarding sobering-up stations and is looking for comparative experiences of monitoring such places from other CoE region NPMs In Poland these are institutions where drunk individuals are detained until they get sober for no longer than 24 hours In these places there is a non-stop medical service given to those people Those individuals are escorted there by the police because of their behaviour in public or at home The Polish NPM questions to the European NPM Network are
- how in your countries is the problem of care given to drunk people is solved - Where are drunk individuals placed (detained) if they are stopped by the Police - Can they leave those places anytime or they have to stay there till they are sober - What kind of care is given to them
The overview of responses to these questions form the European NPM Network members is below
72 Overview of responses from the European NPMs
- Response from the NPM of Luxembourg lsquoIn Luxemburg we have a very similar law regarding public drunkenness Following article 28 of the modified law from June 29th 1989 people that in a state of drunkenness cause public disorder or are likely to be harmful for themselves or others can be arrested by the police without intervention of a judge or an attorney for no longer than 24 hours Once arrested this people benefit from the full range of rights guaranteed to any other arrested person for criminal reasons (right to immediate assistance of a lawyer or consular assistance for foreigners right to call a family member inventory of their belongings fresh water supply etchellip) As for any other detainee the privation of liberty can only take place after a medical visit that generally takes place at the police station The surgeon in charge has to establish a written document stating that the concerned person does not present any corporal AND mental diseases making detention inappropriate or potentially harmful During the detention time those persons are under close survey (continuously by video and physically every hour at least all those verifications have to be noted down in real time indicating the time of control and the name of the controlling officer in a registry that is accessible at any time to the NPM and to the Inspectorate general of the Police) The Luxemburgish NPM already conducted several visits to police stations especially during the weekend nights Generally there was no noticeable problem The average time of privation of liberty cannot exceed 24 hours practically the detention time is very rarely superior to 6 hours In general people picked up during the night are released in the early morning hours The maximum time encountered by the Luxemburgish NPM was 165 hours immediately followed by a detention time of 825 hours There is no continuous medical survey in Luxemburg in case of a medical urgency people are immediately transferred to the next hospital which practically never happened until today as people with severe intoxications are detected by the medical visit prior to detention and are immediately transferred to a hospital
21
People arrested in Luxemburg on the legal basis above cannot leave the police station by their own decision liberation is depending upon the decision of the commanding police officer of the concerned station We also have another legal basis article 37 of the modified Police-law from May 31st 1999 entitling the police to arrest under the same conditions and restrictions as above anybody who by his ldquofoolishrdquo (insenseacute en french) behavior in public is likely to be harmful for himself or for others even without consumption of alcohol or drug abusersquo
- Response from the NPM of Slovenia
lsquoIn Republic of Slovenia there are no lsquosobering-up stationsrsquo per se However the police may order and carry out detention of a person under the influence of alcohol in certain cases for example as defined in the Minor Offences Act according to which (also) police officers may order detention when the perpetrator is caught committing minor offence under the influence of alcohol or other psychoactive substances and there is danger that (s)he will continue to commit minor offences such detention (which is not the only possible one involving the police) takes place in detention rooms at police stations and can last until the perpetrator becomes sober or capable to control behavior - but no longer than 12 hours Regarding lsquocare given to drunk peoplersquo in police detention ndash first of all police officers are bound to make sure that detained person gets medical aid if needed (injuries signs of alcohol poisoninghellip) or if the person demands so - this can be provided by medical personnel coming to place of detention itself or by taking the person to proper institution Police officer carrying out the detention is actually bound to take care of safety in general of the detained person for the duration of detention at least regular physical supervision is necessary but most often technical (audio and video) is provided too Drinkable water must be provided at all times and generally also one cold meal If the person is brought in wearing wet or in any other way unsuitable clothing (given the season weather conditionshellip) police officer must provide the person with proper clothes or footwear for the duration of the detention Certain standards are prescribed for the detention rooms themselves also ndash in cases of detention of up to 12 hours the floor shall not be slippery air temperature shall not be under 18 degrees Celsius in any case the room shall be equipped with toilet facilities unbreakable wash-hand basin and fixed bed with impermeable inflammable and untearable pillow and two blankets All circumstances regarding the detention (condition of the person carried out physical supervisions provided clothing food etc) are to be also carefully documentedrsquo
- Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo
lsquoIn our Law of Police is regulated this question The police officer may detain a person under the influence of alcohol or other psychoactive substances under terms and conditions determined by special law and the detention can last up to 8 hours With this article is limited time of detention because for criminal acts detention in police station is maximum 24 hours ( 12 hours for juveniles) Person under the influence of alcohol has the same rights like other detainees We dont have special places for detention of intoxicated people and police use regular detention places in the police stations Pursuant to the Rulebook on the Manner of Performance of Police duties and the Standard Operating Procedures for Detention and Treatment of Detainees the head of shift (police officer for admission) is responsible for admission of persons giving advice on realization of hisher rights including continuous monitoring during the detention for the purpose of ensuring the detained personsrsquo safety in the police station So people who are detained in Police station have right for food and water right to an attorney and informing the family right to medical assistance The shift manager is obligated to assess the health status of detained persons upon admission and record the same in the detention report The shift manager records any visible injuries visible signs of illness influence of alcohol or psychotropic substances thereby assessing whether medical attention is required In case of serious injuries or if the detainee complains for pain or injuries the right to medical assistance is of priority and it is undertaken before any other activity For most of the police stations it was concluded that in cases when there is higher blood alcohol content among the detainees a doctor was not called by the shift manager and in that line the NPM gave a recommendation that a doctor should be called no matter whether the person asks for medical assistance This should be made in order to act in line with the temporary protection of the health of the person deprived of liberty
22
In our report for 2012 we have thematic part about People detained in police stations ndash alcohol abusers Here is our opinion The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed In four of the folders for detainees in PS ____ it was assessed that the people were drunk in the limits of 1 50 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officers Regarding your questions in my country we dont have special places for drunk people and they are placed in police station in period of 8 hours without possibility to leave before they sober up and permission by head of shift If they have visible injuries or ask for medical help its called doctor but we suggested hat the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of libertyrsquo
- Response from the NPM of Georgia
lsquoSince the Soviet period Georgia had no special institution for drunken individuals According to the Georgian legislation being under the influence of alcohol per se doesnrsquot constitute an infraction Although last year in one region Akhalkalaki the Georgian NPM revealed a vicious practice ndash drunken individuals were detained by the police and held in a police station without being registered in any special registry until next morning The fact has been mentioned in the Public Defenderrsquos Report for 2012 and the abolition of this kind of practice has been recommended to the Minister of Internal Affairs In general if a detained person has any kind of medical concern an officer in charge calls the emergency service the detainee could even be transferred to hospital for example in case of acute alcoholic intoxicationrsquo
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo
81 Introduction
The Luxembourg NPM contacted the European NPM Network regarding vulnerable groups in prison as it is about to prepare a mission on its national prisons specially focused on the respect of the rights and the treatment of particularly vulnerable categories of prisoners and wanted to draw upon other comparative NPM experiences The NPM was in particular focused on the following categories vulnerable groups middot lsquoPrisoners living in detention without interruption for more than 10 years middot Prisoners recently condemned to a sentence of 15 years minimum middot Prisoners recently condemned to a very short sentence (9 months maximum) middot Older prisoners minimum age of 55 years
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
15
All eight cases concerned the deportation of failed asylum-seekers originally from Baghdad Mosul and Kirkuk to Iraq The applicants in the cases DNM and SA alleged that if they were to be removed to Iraq they would be at risk of becoming victims of honour-related crimes due to their relations with women whom were disproved by their families while the other six applicants alleged that they would be at risk of persecution if deported to Iraq due to being Christian a religious minority in the country The Court noted that each of the applicantsrsquo claims had been examined and rejected by the Migration Board and the Migration Court particularly because the incidents of which the applicants were victim were mostly related to general security in Iraq at the time and that the applicants were not in need of asylum in Sweden since a number of years had since passed and the level of violence had thus declined The Court took into consideration the current national and international reports available and the gradual improvement that had been made Despite the applicantsrsquo personal circumstances (cases DNM and SA) and that their belonging to a vulnerable minority (the other six cases) would risk their lives and or facilitate inhuman or degrading treatment if removed the Court held that all ten applicants could relocate to other regions in Iraq such as Kurdistan in the north (concerning the six other cases) or to southern and central Iraq (cases DNM and SA) Therefore there would be no violation of Articles 2 and 3 of the Convention if the applicants were removed in southern or central Iraq or in Kurdistan
Horshill v Greece (application no7042711) httphudocechrcoeintsitesengPagessearchaspxfulltext[Horshill]languageisocode[FRA]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122973]
Detention of an asylum seeker in Greek police stations found to be degrading treatment incompatible with Article 3 of the Convention
In the Chamber judgment in the case of Horshill v Greece (application no7042711) the European Court of Human Rights held unanimously that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights The case concerned the placement in detention of Ismail Alfateh Horshill and the conditions in which he was detained The applicant a foreign national who was due to be deported was held successively for fifteen days in two police stations after having applied for asylum Pursuant to a decree transposing a directive from the Council of the European Union into national law Ismail Alfateh Horshill who had no travel documents was placed in detention by the Greek authorities Noting that the applicant had been released from detention after a short period of two weeks the Court considered that his detention had not been arbitrary and that it could not be concluded that it had not been ldquolawfulrdquo within the meaning of Article 5 sect 1 (f) of the Convention
Vinter and Others v United Kingdom - 6606909 13010 and 389610 Judgment 972013 [Grand Chamber]
httphudocechrcoeintsitesengPagessearchaspxfulltext[vinter]documentcollectionid2[GRANDCHAMBERCHAMBER]violation[3]itemid[001-122664] Article 3 The Grand Chamber agreed with and endorsed the Chamberrsquos finding that a grossly disproportionate sentence would violate Article 3 of the Convention although that test would be met only on rare and unique occasions In the instant case the applicants had not sought to argue that their whole life orders were grossly disproportionate instead they submitted that the absence of an in-built procedural requirement for a review constituted ill-treatment not only as the Chamber had found when there ceased to be legitimate penological grounds to justify continued detention but from the moment the order was made The Court reiterated that Contracting States must be allowed a margin of appreciation in deciding on the appropriate length of prison sentences for particular crimes and must remain free to impose life sentences on adult offenders for especially serious crimes However the imposition of an irreducible life sentence on an adult could raise an issue under Article 3 In determining whether a life sentence in a given case could be regarded as irreducible the Court would seek to ascertain whether the prisoner could be said to have any prospect of release Where national law afforded the possibility of review of a life sentence with a view to its
16
commutation remission termination or the conditional release of the prisoner that would be sufficient to satisfy Article 3 There were a number of reasons why for a life sentence to remain compatible with Article 3 there had to be both a prospect of release and a possibility of review Firstly it was axiomatic that a prisoner could not be detained unless there were legitimate penological grounds for that detention The balance between the justifications for detention was not necessarily static and could shift in the course of the sentence It was only by carrying out a review at an appropriate point in the sentence that these factors or shifts could be properly evaluated Secondly incarceration without any prospect of release or review carried the risk that the prisoner would never be able to atone for his offence whatever he did in prison and however exceptional his progress towards rehabilitation Thirdly it would be incompatible with human dignity for the State forcefully to deprive a person of his freedom without at least providing him with the chance to someday regain that freedom Moreover there was now clear support in European and international law for the principle that all prisoners including those serving life sentences should be offered the possibility of rehabilitation and the prospect of release if rehabilitation was achieved Accordingly Article 3 had to be interpreted as requiring reducibility of life sentences in the sense of a review allowing the domestic authorities to consider whether any changes in the life prisoner are so significant and such progress towards rehabilitation has been made in the course of the sentence as to mean that continued detention can no longer be justified on legitimate penological grounds While it was not the Courtrsquos task to prescribe the form (executive or judicial) which that review should take or to determine when it should take place the comparative and international law materials before it showed clear support for the institution of a dedicated mechanism guaranteeing a review no later than twenty-five years after the imposition of a life sentence with further periodic reviews thereafter A whole life sentence would not measure up to the standards of Article 3 where the domestic law did not provide for the possibility of such a review Lastly although the requisite review was a prospective event necessarily subsequent to the passing of the sentence a whole life prisoner should not be obliged to wait and serve an indeterminate number of years of his sentence before he could raise the complaint that the legal conditions attaching to his sentence failed to comply with the requirements of Article 3 Whole life prisoners were entitled to know at the outset of their sentence what they must do to be considered for release and under what conditions including when a review of their sentence will take place or may be sought Consequently where domestic law did not provide any mechanism or possibility for review of a whole life sentence the incompatibility with Article 3 on this ground already arose when the whole life sentence was imposed and not at a later stage of incarceration The Government had argued before the Court that the aim of the 2003 Act was to remove the executive from the decision-making process concerning life sentences and this was the reason for abolishing the 25-year review by the Home Secretary which had existed beforehand However the Court considered that it would have been more consistent with the legislative aim to provide that the 25-year review would be conducted within a judicial frame- work rather than completely eliminated The Court also found that the current law concerning the prospect of release of life prisoners in England and Wales was unclear Although section 30 of the 1997 Act gave the Justice Secretary the power to release any prisoner including one serving a whole life order the relevant Prison Service Order provided that release would only be ordered if a prisoner was terminally ill or physically incapacitated These were highly restrictive conditions and in the Courtrsquos view compassionate release of this kind would not be what was meant by a ldquoprospect of releaserdquo in Kafkaris In light therefore of this contrast between the broad wording of section 30 and the exhaustive conditions announced in the Prison Service Order as well as the absence of any dedicated review mechanism for whole life orders the Court was not persuaded that at the present time the applicantsrsquo life sentences could be regarded as reducible for the purposes of Article 3 The requirements of that provision had not therefore been met in relation to any of the three applicants The Court emphasised however that the finding of a violation in the applicantsrsquo cases should not be understood as giving them any prospect of imminent release Whether or not they should be released would depend for example on whether there were still legitimate penological grounds for their continued detention and whether they should continue to be detained on grounds of dangerous- ness These questions were not in issue in this case and were not the subject of argument before the Court Conclusion violation (sixteen votes to one) Article 41 Finding of a violation constituted sufficient just satisfaction for any non-pecuniary damage sustained by the first applicant No claim made by the other applicants
17
4 European Union and associated bodies
41 European Union Agency for Fundamental Rights (FRA)
June 2013 the European Court of Human Rights (ECtHR) and the European Union Agency for Fundamental Rights (FRA) published a joint Handbook on European law relating to asylum borders and immigration on 11 June lsquoIt examines the relevant law in the field of asylum borders and immigration stemming from both European systems the European Union and the Council of Europe It provides an accessible guide to the various European standards relevant to asylum borders and immigration The handbook is the second joint publication of this kind following a first handbook on non-discrimination issued in 2011 It is based on the case law of the European Court of Human Rights and the European Court of Justice as well as on the relevant EU regulations and directives It is also a first point of reference on the European Social Charter (ESC) and other instruments of the Council of Europe It is designed to assist legal practitioners at national and European level including lawyers judges prosecutors border guards immigration officials and others working with national authorities as well as non-governmental organisations and other bodies that may be confronted with legal questions in any of the areas the handbook sets out to coverrsquo The handbook is available at httpfraeuropaeusitesdefaultfileshandbook-law-asylum-migration-borders_enpdf
5 News from NGOs amp general updates
51 The Association for the Prevention of Torture Geneva (APT)
lsquoRights within the EU What role for European Institutions Monday September 16 2013 ldquoThe Treaties of the European Union state that the EU is founded on the value of respect for human rightsrdquo However much remains to be done for EU institutions to properly address gross human rights violations within the EU particularly the Council of the European Union This is the message that members of the Human Rights and Democracy Network which the APT is part of have sent to the representatives of all key EU institutions The letter singles out the EU Council Working Party on Fundamental Rights and Free Movement of Persons (FREMP) which has ldquobeen largely confined to negotiating the EU accession to the European Convention on Human Rightsrdquo rather than seeking to address serious human rights abuses within the European Union The letter concludes with a set of practical and constructive recommendations to the main EU institutions including the Council Commission Parliament and the Fundamental Rights Agency including strengthening the mandate of the latter The APT supports these recommendations and calls on remaining EU states that have not yet done so to ratify the Optional Protocol to the UN Convention against Torture (OPCAT) Presently 7 members of the EU (Belgium Finland Greece Ireland Latvia Lithuania and Slovakia) are not party to this innovative treaty The APT also calls on EU states that have established or designated National Preventive Mechanisms under the OPCAT to provide them with the necessary independence and resources as well as engaging in a constructive dialogue with these institutions to meaningfully reduce the risk of abuse on persons deprived of their libertyrsquo See more at httpwwwaptchennews_on_preventionrights-within-the-eu-what-role-for-european-institutionsUjnGb-DZn4Y lsquoExcessive use of pre-trial detention in the EU Tuesday September 10 2013 The APT today co-signed a letter sent to European Commission Vice-President Viviane Reding urging the Commission to take steps aimed at reducing the excessive periods of time people spend in pre-trial detention and to increase the use of alternatives
18
Across the European Union both the use and material conditions of pre-trial detention vary considerably and can have a very detrimental impact on persons deprived of their liberty Among other issues the letter calls on the Commission to take concrete steps to establish minimum and enforceable EU standards on pre-trial detention The letter is co-signed by 22 NGOs and has been copied to various relevant European Commission actorsrsquo lsquoInstitutional culture in detention a framework for preventive monitoring This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts It is the second in a series of thematic papers on aspects of detention monitoring which have so far been under-researched and received little attention They are the result of a joint project between the APT and Penal Reform International (PRI) with financial assistance of the UK Government and the European Unionrsquo See further details at httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17 Read more on the APT website at httpwwwaptch
52 Penal Reform International (PRI)
- Institutional culture in detention a framework for preventive monitoring
This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other forms of ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts This resource from PRI and the Association for the Prevention of Torture (APT) is designed to - raise awareness among monitoring bodies of the role of culture in places of detention in the prevention of torture and ill-treatment - provide a framework for understanding culture in places of detention - outline some common cultural attitudes that can represent risk factors for torture and ill-treatment - provide some examples of processes and factors that contribute to positive culture change in places of detention httpwwwpenalreformorgresourceinstitutional-culture-detention-framework-preventive-monitoring-3
- PRI briefing on complaints mechanisms in its Justice for Children series
Part of PRIs series of Justice for Children Briefings this resource explains a childs right to complain about his or her care treatment and conditions while deprived of their liberty Upholding the right to complain is very important for giving a voice to children in detention and for ensuring that their other human rights are protected The briefing looks at the basis of this right in international and regional treaties and standards and challenges to children in fulfilling this right It identifies key elements for creating an effective complaints mechanism and provides recommendations to ensure children can achieve their right to make complaints httpwwwpenalreformorgresourcechildren-deprived-liberty-complaints
- The Guide on gender-sensitive monitoring
The Guide is now also available in Spanish
httpwwwpenalreformorgresourcewomen-detention-guide-gendersensitive-monitoring
19
6 Immigration detention and monitoring updates
61 Council of Europe Immigration Issues
611 Migration Co-ordination Division update on work in the field of asylum and immigration
Recent editions of the Migration Co-ordination Newsletter were published in July and August 2013 The Newsletter provides a glance at some of the relevant Council of Europe activities on migration asylum and integration It will be published monthly and sent electronically to interested parties As we all know migration constitutes an ever-growing concern within the field of human rights and different aspects of migration profoundly affect social well-being In the foreseeable future these issues will only grow in importance and relevance across Europe Here the Council of Europe has a lot to offer The Migration Co-ordination Division hopes that this newsletter can give readers an insight into some of the debates and migration related activities as they unfolded at the Council in the months of June July and August The Newsletters are available at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp You can subscribe to future newsletters by sending an email to migration-newslettercoeint and you can search the archives for previous newsletters at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp Ukraine Efforts to improve policies and practices of detention of foreigners Strasbourg 4 July 2013 The Ukrainian authorities are engaged in serious efforts to bring their national policy and practice with regard to the detention of migrants and asylum-seekers in line with the Council of Europe standards A recent legislative initiative to amend several legal acts governing the status and the judicial protection of foreigners and stateless persons (draft law No 2743) emphasises the commitment of the Ukrainian government to ensure a judicial review of decisions depriving foreigners of their right to liberty The Council of Europe Migration Co-ordinator Christos Giakoumopoulos said the amendments which are currently examined by the Ukrainian parliament (Verhovna Rada) are an important step in ensuring compliance with Council of Europe norms as they are clearly inspired by the recommendations of the Committee of Ministers of the Council of Europe Moreover he said these amendments constitute a positive development in the process of the implementation of several judgements of the European Court of Human Rights such as for example the Soldatenko v Ukraine group of cases and the case of Nowak v Ukraine in which Ukraine was found in breach of the European Convention of Human Rights on account of unlawful detentions and lack of judicial control
62 Council of Europe Parliamentary Assembly (PACE) Migration Committee
Assistance to Syrian refugees after Lebanon PACE rapporteur continues visit to Turkey lsquoStrasbourg 21082013 ndash Jean-Marie Bockel (France EPPCD) who is preparing a report for the Parliamentary Assembly of the Council of Europe (PACE) on international assistance for Syrian refugees in Jordan Turkey Lebanon and Iraq today begins a fact-finding visit to Turkey (21 to 22 August 2013) following on from a visit to Lebanon (19-20 August) In Hatay (21-22 August) Mr Bockel will meet the Governor of Hatay and Turkish government officials ndash including from the Disaster and Emergency Management Presidency in the Prime Ministersrsquo Office ndash as well as representatives of the Red Crescent in Turkey He will also visit a local centre where refugees are accommodated and will speak to local residents about the impact of the refugee influx on the local community In Lebanon Mr Bockel met Syrian refugees in Alaawi (South Lebanon) and Ketermaya (Mount Lebanon) and discussed their situation with representatives of the UN High Commissioner for
20
Refugees and other NGOs working in the field During these exchanges of view he drew the authoritiesrsquo attention in particular to the situation of women and children Mr Bockelrsquos report is a follow-up to a current affairs debate held by the Assembly on this topic in April 2013rsquo For more details see httpassemblycoeintASPNewsManagerEMB_NewsManagerViewaspID=8977ampL=2
7 NPM discussion topic No 1 ldquothe monitoring of sobering-up detentionrdquo
71 Introduction
The thematic section for this Newsletter is on the experiences of NPMs regarding sobering-up detention The Polish NPM is currently preparing a thematic report and a conference regarding sobering-up stations and is looking for comparative experiences of monitoring such places from other CoE region NPMs In Poland these are institutions where drunk individuals are detained until they get sober for no longer than 24 hours In these places there is a non-stop medical service given to those people Those individuals are escorted there by the police because of their behaviour in public or at home The Polish NPM questions to the European NPM Network are
- how in your countries is the problem of care given to drunk people is solved - Where are drunk individuals placed (detained) if they are stopped by the Police - Can they leave those places anytime or they have to stay there till they are sober - What kind of care is given to them
The overview of responses to these questions form the European NPM Network members is below
72 Overview of responses from the European NPMs
- Response from the NPM of Luxembourg lsquoIn Luxemburg we have a very similar law regarding public drunkenness Following article 28 of the modified law from June 29th 1989 people that in a state of drunkenness cause public disorder or are likely to be harmful for themselves or others can be arrested by the police without intervention of a judge or an attorney for no longer than 24 hours Once arrested this people benefit from the full range of rights guaranteed to any other arrested person for criminal reasons (right to immediate assistance of a lawyer or consular assistance for foreigners right to call a family member inventory of their belongings fresh water supply etchellip) As for any other detainee the privation of liberty can only take place after a medical visit that generally takes place at the police station The surgeon in charge has to establish a written document stating that the concerned person does not present any corporal AND mental diseases making detention inappropriate or potentially harmful During the detention time those persons are under close survey (continuously by video and physically every hour at least all those verifications have to be noted down in real time indicating the time of control and the name of the controlling officer in a registry that is accessible at any time to the NPM and to the Inspectorate general of the Police) The Luxemburgish NPM already conducted several visits to police stations especially during the weekend nights Generally there was no noticeable problem The average time of privation of liberty cannot exceed 24 hours practically the detention time is very rarely superior to 6 hours In general people picked up during the night are released in the early morning hours The maximum time encountered by the Luxemburgish NPM was 165 hours immediately followed by a detention time of 825 hours There is no continuous medical survey in Luxemburg in case of a medical urgency people are immediately transferred to the next hospital which practically never happened until today as people with severe intoxications are detected by the medical visit prior to detention and are immediately transferred to a hospital
21
People arrested in Luxemburg on the legal basis above cannot leave the police station by their own decision liberation is depending upon the decision of the commanding police officer of the concerned station We also have another legal basis article 37 of the modified Police-law from May 31st 1999 entitling the police to arrest under the same conditions and restrictions as above anybody who by his ldquofoolishrdquo (insenseacute en french) behavior in public is likely to be harmful for himself or for others even without consumption of alcohol or drug abusersquo
- Response from the NPM of Slovenia
lsquoIn Republic of Slovenia there are no lsquosobering-up stationsrsquo per se However the police may order and carry out detention of a person under the influence of alcohol in certain cases for example as defined in the Minor Offences Act according to which (also) police officers may order detention when the perpetrator is caught committing minor offence under the influence of alcohol or other psychoactive substances and there is danger that (s)he will continue to commit minor offences such detention (which is not the only possible one involving the police) takes place in detention rooms at police stations and can last until the perpetrator becomes sober or capable to control behavior - but no longer than 12 hours Regarding lsquocare given to drunk peoplersquo in police detention ndash first of all police officers are bound to make sure that detained person gets medical aid if needed (injuries signs of alcohol poisoninghellip) or if the person demands so - this can be provided by medical personnel coming to place of detention itself or by taking the person to proper institution Police officer carrying out the detention is actually bound to take care of safety in general of the detained person for the duration of detention at least regular physical supervision is necessary but most often technical (audio and video) is provided too Drinkable water must be provided at all times and generally also one cold meal If the person is brought in wearing wet or in any other way unsuitable clothing (given the season weather conditionshellip) police officer must provide the person with proper clothes or footwear for the duration of the detention Certain standards are prescribed for the detention rooms themselves also ndash in cases of detention of up to 12 hours the floor shall not be slippery air temperature shall not be under 18 degrees Celsius in any case the room shall be equipped with toilet facilities unbreakable wash-hand basin and fixed bed with impermeable inflammable and untearable pillow and two blankets All circumstances regarding the detention (condition of the person carried out physical supervisions provided clothing food etc) are to be also carefully documentedrsquo
- Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo
lsquoIn our Law of Police is regulated this question The police officer may detain a person under the influence of alcohol or other psychoactive substances under terms and conditions determined by special law and the detention can last up to 8 hours With this article is limited time of detention because for criminal acts detention in police station is maximum 24 hours ( 12 hours for juveniles) Person under the influence of alcohol has the same rights like other detainees We dont have special places for detention of intoxicated people and police use regular detention places in the police stations Pursuant to the Rulebook on the Manner of Performance of Police duties and the Standard Operating Procedures for Detention and Treatment of Detainees the head of shift (police officer for admission) is responsible for admission of persons giving advice on realization of hisher rights including continuous monitoring during the detention for the purpose of ensuring the detained personsrsquo safety in the police station So people who are detained in Police station have right for food and water right to an attorney and informing the family right to medical assistance The shift manager is obligated to assess the health status of detained persons upon admission and record the same in the detention report The shift manager records any visible injuries visible signs of illness influence of alcohol or psychotropic substances thereby assessing whether medical attention is required In case of serious injuries or if the detainee complains for pain or injuries the right to medical assistance is of priority and it is undertaken before any other activity For most of the police stations it was concluded that in cases when there is higher blood alcohol content among the detainees a doctor was not called by the shift manager and in that line the NPM gave a recommendation that a doctor should be called no matter whether the person asks for medical assistance This should be made in order to act in line with the temporary protection of the health of the person deprived of liberty
22
In our report for 2012 we have thematic part about People detained in police stations ndash alcohol abusers Here is our opinion The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed In four of the folders for detainees in PS ____ it was assessed that the people were drunk in the limits of 1 50 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officers Regarding your questions in my country we dont have special places for drunk people and they are placed in police station in period of 8 hours without possibility to leave before they sober up and permission by head of shift If they have visible injuries or ask for medical help its called doctor but we suggested hat the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of libertyrsquo
- Response from the NPM of Georgia
lsquoSince the Soviet period Georgia had no special institution for drunken individuals According to the Georgian legislation being under the influence of alcohol per se doesnrsquot constitute an infraction Although last year in one region Akhalkalaki the Georgian NPM revealed a vicious practice ndash drunken individuals were detained by the police and held in a police station without being registered in any special registry until next morning The fact has been mentioned in the Public Defenderrsquos Report for 2012 and the abolition of this kind of practice has been recommended to the Minister of Internal Affairs In general if a detained person has any kind of medical concern an officer in charge calls the emergency service the detainee could even be transferred to hospital for example in case of acute alcoholic intoxicationrsquo
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo
81 Introduction
The Luxembourg NPM contacted the European NPM Network regarding vulnerable groups in prison as it is about to prepare a mission on its national prisons specially focused on the respect of the rights and the treatment of particularly vulnerable categories of prisoners and wanted to draw upon other comparative NPM experiences The NPM was in particular focused on the following categories vulnerable groups middot lsquoPrisoners living in detention without interruption for more than 10 years middot Prisoners recently condemned to a sentence of 15 years minimum middot Prisoners recently condemned to a very short sentence (9 months maximum) middot Older prisoners minimum age of 55 years
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
16
commutation remission termination or the conditional release of the prisoner that would be sufficient to satisfy Article 3 There were a number of reasons why for a life sentence to remain compatible with Article 3 there had to be both a prospect of release and a possibility of review Firstly it was axiomatic that a prisoner could not be detained unless there were legitimate penological grounds for that detention The balance between the justifications for detention was not necessarily static and could shift in the course of the sentence It was only by carrying out a review at an appropriate point in the sentence that these factors or shifts could be properly evaluated Secondly incarceration without any prospect of release or review carried the risk that the prisoner would never be able to atone for his offence whatever he did in prison and however exceptional his progress towards rehabilitation Thirdly it would be incompatible with human dignity for the State forcefully to deprive a person of his freedom without at least providing him with the chance to someday regain that freedom Moreover there was now clear support in European and international law for the principle that all prisoners including those serving life sentences should be offered the possibility of rehabilitation and the prospect of release if rehabilitation was achieved Accordingly Article 3 had to be interpreted as requiring reducibility of life sentences in the sense of a review allowing the domestic authorities to consider whether any changes in the life prisoner are so significant and such progress towards rehabilitation has been made in the course of the sentence as to mean that continued detention can no longer be justified on legitimate penological grounds While it was not the Courtrsquos task to prescribe the form (executive or judicial) which that review should take or to determine when it should take place the comparative and international law materials before it showed clear support for the institution of a dedicated mechanism guaranteeing a review no later than twenty-five years after the imposition of a life sentence with further periodic reviews thereafter A whole life sentence would not measure up to the standards of Article 3 where the domestic law did not provide for the possibility of such a review Lastly although the requisite review was a prospective event necessarily subsequent to the passing of the sentence a whole life prisoner should not be obliged to wait and serve an indeterminate number of years of his sentence before he could raise the complaint that the legal conditions attaching to his sentence failed to comply with the requirements of Article 3 Whole life prisoners were entitled to know at the outset of their sentence what they must do to be considered for release and under what conditions including when a review of their sentence will take place or may be sought Consequently where domestic law did not provide any mechanism or possibility for review of a whole life sentence the incompatibility with Article 3 on this ground already arose when the whole life sentence was imposed and not at a later stage of incarceration The Government had argued before the Court that the aim of the 2003 Act was to remove the executive from the decision-making process concerning life sentences and this was the reason for abolishing the 25-year review by the Home Secretary which had existed beforehand However the Court considered that it would have been more consistent with the legislative aim to provide that the 25-year review would be conducted within a judicial frame- work rather than completely eliminated The Court also found that the current law concerning the prospect of release of life prisoners in England and Wales was unclear Although section 30 of the 1997 Act gave the Justice Secretary the power to release any prisoner including one serving a whole life order the relevant Prison Service Order provided that release would only be ordered if a prisoner was terminally ill or physically incapacitated These were highly restrictive conditions and in the Courtrsquos view compassionate release of this kind would not be what was meant by a ldquoprospect of releaserdquo in Kafkaris In light therefore of this contrast between the broad wording of section 30 and the exhaustive conditions announced in the Prison Service Order as well as the absence of any dedicated review mechanism for whole life orders the Court was not persuaded that at the present time the applicantsrsquo life sentences could be regarded as reducible for the purposes of Article 3 The requirements of that provision had not therefore been met in relation to any of the three applicants The Court emphasised however that the finding of a violation in the applicantsrsquo cases should not be understood as giving them any prospect of imminent release Whether or not they should be released would depend for example on whether there were still legitimate penological grounds for their continued detention and whether they should continue to be detained on grounds of dangerous- ness These questions were not in issue in this case and were not the subject of argument before the Court Conclusion violation (sixteen votes to one) Article 41 Finding of a violation constituted sufficient just satisfaction for any non-pecuniary damage sustained by the first applicant No claim made by the other applicants
17
4 European Union and associated bodies
41 European Union Agency for Fundamental Rights (FRA)
June 2013 the European Court of Human Rights (ECtHR) and the European Union Agency for Fundamental Rights (FRA) published a joint Handbook on European law relating to asylum borders and immigration on 11 June lsquoIt examines the relevant law in the field of asylum borders and immigration stemming from both European systems the European Union and the Council of Europe It provides an accessible guide to the various European standards relevant to asylum borders and immigration The handbook is the second joint publication of this kind following a first handbook on non-discrimination issued in 2011 It is based on the case law of the European Court of Human Rights and the European Court of Justice as well as on the relevant EU regulations and directives It is also a first point of reference on the European Social Charter (ESC) and other instruments of the Council of Europe It is designed to assist legal practitioners at national and European level including lawyers judges prosecutors border guards immigration officials and others working with national authorities as well as non-governmental organisations and other bodies that may be confronted with legal questions in any of the areas the handbook sets out to coverrsquo The handbook is available at httpfraeuropaeusitesdefaultfileshandbook-law-asylum-migration-borders_enpdf
5 News from NGOs amp general updates
51 The Association for the Prevention of Torture Geneva (APT)
lsquoRights within the EU What role for European Institutions Monday September 16 2013 ldquoThe Treaties of the European Union state that the EU is founded on the value of respect for human rightsrdquo However much remains to be done for EU institutions to properly address gross human rights violations within the EU particularly the Council of the European Union This is the message that members of the Human Rights and Democracy Network which the APT is part of have sent to the representatives of all key EU institutions The letter singles out the EU Council Working Party on Fundamental Rights and Free Movement of Persons (FREMP) which has ldquobeen largely confined to negotiating the EU accession to the European Convention on Human Rightsrdquo rather than seeking to address serious human rights abuses within the European Union The letter concludes with a set of practical and constructive recommendations to the main EU institutions including the Council Commission Parliament and the Fundamental Rights Agency including strengthening the mandate of the latter The APT supports these recommendations and calls on remaining EU states that have not yet done so to ratify the Optional Protocol to the UN Convention against Torture (OPCAT) Presently 7 members of the EU (Belgium Finland Greece Ireland Latvia Lithuania and Slovakia) are not party to this innovative treaty The APT also calls on EU states that have established or designated National Preventive Mechanisms under the OPCAT to provide them with the necessary independence and resources as well as engaging in a constructive dialogue with these institutions to meaningfully reduce the risk of abuse on persons deprived of their libertyrsquo See more at httpwwwaptchennews_on_preventionrights-within-the-eu-what-role-for-european-institutionsUjnGb-DZn4Y lsquoExcessive use of pre-trial detention in the EU Tuesday September 10 2013 The APT today co-signed a letter sent to European Commission Vice-President Viviane Reding urging the Commission to take steps aimed at reducing the excessive periods of time people spend in pre-trial detention and to increase the use of alternatives
18
Across the European Union both the use and material conditions of pre-trial detention vary considerably and can have a very detrimental impact on persons deprived of their liberty Among other issues the letter calls on the Commission to take concrete steps to establish minimum and enforceable EU standards on pre-trial detention The letter is co-signed by 22 NGOs and has been copied to various relevant European Commission actorsrsquo lsquoInstitutional culture in detention a framework for preventive monitoring This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts It is the second in a series of thematic papers on aspects of detention monitoring which have so far been under-researched and received little attention They are the result of a joint project between the APT and Penal Reform International (PRI) with financial assistance of the UK Government and the European Unionrsquo See further details at httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17 Read more on the APT website at httpwwwaptch
52 Penal Reform International (PRI)
- Institutional culture in detention a framework for preventive monitoring
This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other forms of ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts This resource from PRI and the Association for the Prevention of Torture (APT) is designed to - raise awareness among monitoring bodies of the role of culture in places of detention in the prevention of torture and ill-treatment - provide a framework for understanding culture in places of detention - outline some common cultural attitudes that can represent risk factors for torture and ill-treatment - provide some examples of processes and factors that contribute to positive culture change in places of detention httpwwwpenalreformorgresourceinstitutional-culture-detention-framework-preventive-monitoring-3
- PRI briefing on complaints mechanisms in its Justice for Children series
Part of PRIs series of Justice for Children Briefings this resource explains a childs right to complain about his or her care treatment and conditions while deprived of their liberty Upholding the right to complain is very important for giving a voice to children in detention and for ensuring that their other human rights are protected The briefing looks at the basis of this right in international and regional treaties and standards and challenges to children in fulfilling this right It identifies key elements for creating an effective complaints mechanism and provides recommendations to ensure children can achieve their right to make complaints httpwwwpenalreformorgresourcechildren-deprived-liberty-complaints
- The Guide on gender-sensitive monitoring
The Guide is now also available in Spanish
httpwwwpenalreformorgresourcewomen-detention-guide-gendersensitive-monitoring
19
6 Immigration detention and monitoring updates
61 Council of Europe Immigration Issues
611 Migration Co-ordination Division update on work in the field of asylum and immigration
Recent editions of the Migration Co-ordination Newsletter were published in July and August 2013 The Newsletter provides a glance at some of the relevant Council of Europe activities on migration asylum and integration It will be published monthly and sent electronically to interested parties As we all know migration constitutes an ever-growing concern within the field of human rights and different aspects of migration profoundly affect social well-being In the foreseeable future these issues will only grow in importance and relevance across Europe Here the Council of Europe has a lot to offer The Migration Co-ordination Division hopes that this newsletter can give readers an insight into some of the debates and migration related activities as they unfolded at the Council in the months of June July and August The Newsletters are available at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp You can subscribe to future newsletters by sending an email to migration-newslettercoeint and you can search the archives for previous newsletters at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp Ukraine Efforts to improve policies and practices of detention of foreigners Strasbourg 4 July 2013 The Ukrainian authorities are engaged in serious efforts to bring their national policy and practice with regard to the detention of migrants and asylum-seekers in line with the Council of Europe standards A recent legislative initiative to amend several legal acts governing the status and the judicial protection of foreigners and stateless persons (draft law No 2743) emphasises the commitment of the Ukrainian government to ensure a judicial review of decisions depriving foreigners of their right to liberty The Council of Europe Migration Co-ordinator Christos Giakoumopoulos said the amendments which are currently examined by the Ukrainian parliament (Verhovna Rada) are an important step in ensuring compliance with Council of Europe norms as they are clearly inspired by the recommendations of the Committee of Ministers of the Council of Europe Moreover he said these amendments constitute a positive development in the process of the implementation of several judgements of the European Court of Human Rights such as for example the Soldatenko v Ukraine group of cases and the case of Nowak v Ukraine in which Ukraine was found in breach of the European Convention of Human Rights on account of unlawful detentions and lack of judicial control
62 Council of Europe Parliamentary Assembly (PACE) Migration Committee
Assistance to Syrian refugees after Lebanon PACE rapporteur continues visit to Turkey lsquoStrasbourg 21082013 ndash Jean-Marie Bockel (France EPPCD) who is preparing a report for the Parliamentary Assembly of the Council of Europe (PACE) on international assistance for Syrian refugees in Jordan Turkey Lebanon and Iraq today begins a fact-finding visit to Turkey (21 to 22 August 2013) following on from a visit to Lebanon (19-20 August) In Hatay (21-22 August) Mr Bockel will meet the Governor of Hatay and Turkish government officials ndash including from the Disaster and Emergency Management Presidency in the Prime Ministersrsquo Office ndash as well as representatives of the Red Crescent in Turkey He will also visit a local centre where refugees are accommodated and will speak to local residents about the impact of the refugee influx on the local community In Lebanon Mr Bockel met Syrian refugees in Alaawi (South Lebanon) and Ketermaya (Mount Lebanon) and discussed their situation with representatives of the UN High Commissioner for
20
Refugees and other NGOs working in the field During these exchanges of view he drew the authoritiesrsquo attention in particular to the situation of women and children Mr Bockelrsquos report is a follow-up to a current affairs debate held by the Assembly on this topic in April 2013rsquo For more details see httpassemblycoeintASPNewsManagerEMB_NewsManagerViewaspID=8977ampL=2
7 NPM discussion topic No 1 ldquothe monitoring of sobering-up detentionrdquo
71 Introduction
The thematic section for this Newsletter is on the experiences of NPMs regarding sobering-up detention The Polish NPM is currently preparing a thematic report and a conference regarding sobering-up stations and is looking for comparative experiences of monitoring such places from other CoE region NPMs In Poland these are institutions where drunk individuals are detained until they get sober for no longer than 24 hours In these places there is a non-stop medical service given to those people Those individuals are escorted there by the police because of their behaviour in public or at home The Polish NPM questions to the European NPM Network are
- how in your countries is the problem of care given to drunk people is solved - Where are drunk individuals placed (detained) if they are stopped by the Police - Can they leave those places anytime or they have to stay there till they are sober - What kind of care is given to them
The overview of responses to these questions form the European NPM Network members is below
72 Overview of responses from the European NPMs
- Response from the NPM of Luxembourg lsquoIn Luxemburg we have a very similar law regarding public drunkenness Following article 28 of the modified law from June 29th 1989 people that in a state of drunkenness cause public disorder or are likely to be harmful for themselves or others can be arrested by the police without intervention of a judge or an attorney for no longer than 24 hours Once arrested this people benefit from the full range of rights guaranteed to any other arrested person for criminal reasons (right to immediate assistance of a lawyer or consular assistance for foreigners right to call a family member inventory of their belongings fresh water supply etchellip) As for any other detainee the privation of liberty can only take place after a medical visit that generally takes place at the police station The surgeon in charge has to establish a written document stating that the concerned person does not present any corporal AND mental diseases making detention inappropriate or potentially harmful During the detention time those persons are under close survey (continuously by video and physically every hour at least all those verifications have to be noted down in real time indicating the time of control and the name of the controlling officer in a registry that is accessible at any time to the NPM and to the Inspectorate general of the Police) The Luxemburgish NPM already conducted several visits to police stations especially during the weekend nights Generally there was no noticeable problem The average time of privation of liberty cannot exceed 24 hours practically the detention time is very rarely superior to 6 hours In general people picked up during the night are released in the early morning hours The maximum time encountered by the Luxemburgish NPM was 165 hours immediately followed by a detention time of 825 hours There is no continuous medical survey in Luxemburg in case of a medical urgency people are immediately transferred to the next hospital which practically never happened until today as people with severe intoxications are detected by the medical visit prior to detention and are immediately transferred to a hospital
21
People arrested in Luxemburg on the legal basis above cannot leave the police station by their own decision liberation is depending upon the decision of the commanding police officer of the concerned station We also have another legal basis article 37 of the modified Police-law from May 31st 1999 entitling the police to arrest under the same conditions and restrictions as above anybody who by his ldquofoolishrdquo (insenseacute en french) behavior in public is likely to be harmful for himself or for others even without consumption of alcohol or drug abusersquo
- Response from the NPM of Slovenia
lsquoIn Republic of Slovenia there are no lsquosobering-up stationsrsquo per se However the police may order and carry out detention of a person under the influence of alcohol in certain cases for example as defined in the Minor Offences Act according to which (also) police officers may order detention when the perpetrator is caught committing minor offence under the influence of alcohol or other psychoactive substances and there is danger that (s)he will continue to commit minor offences such detention (which is not the only possible one involving the police) takes place in detention rooms at police stations and can last until the perpetrator becomes sober or capable to control behavior - but no longer than 12 hours Regarding lsquocare given to drunk peoplersquo in police detention ndash first of all police officers are bound to make sure that detained person gets medical aid if needed (injuries signs of alcohol poisoninghellip) or if the person demands so - this can be provided by medical personnel coming to place of detention itself or by taking the person to proper institution Police officer carrying out the detention is actually bound to take care of safety in general of the detained person for the duration of detention at least regular physical supervision is necessary but most often technical (audio and video) is provided too Drinkable water must be provided at all times and generally also one cold meal If the person is brought in wearing wet or in any other way unsuitable clothing (given the season weather conditionshellip) police officer must provide the person with proper clothes or footwear for the duration of the detention Certain standards are prescribed for the detention rooms themselves also ndash in cases of detention of up to 12 hours the floor shall not be slippery air temperature shall not be under 18 degrees Celsius in any case the room shall be equipped with toilet facilities unbreakable wash-hand basin and fixed bed with impermeable inflammable and untearable pillow and two blankets All circumstances regarding the detention (condition of the person carried out physical supervisions provided clothing food etc) are to be also carefully documentedrsquo
- Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo
lsquoIn our Law of Police is regulated this question The police officer may detain a person under the influence of alcohol or other psychoactive substances under terms and conditions determined by special law and the detention can last up to 8 hours With this article is limited time of detention because for criminal acts detention in police station is maximum 24 hours ( 12 hours for juveniles) Person under the influence of alcohol has the same rights like other detainees We dont have special places for detention of intoxicated people and police use regular detention places in the police stations Pursuant to the Rulebook on the Manner of Performance of Police duties and the Standard Operating Procedures for Detention and Treatment of Detainees the head of shift (police officer for admission) is responsible for admission of persons giving advice on realization of hisher rights including continuous monitoring during the detention for the purpose of ensuring the detained personsrsquo safety in the police station So people who are detained in Police station have right for food and water right to an attorney and informing the family right to medical assistance The shift manager is obligated to assess the health status of detained persons upon admission and record the same in the detention report The shift manager records any visible injuries visible signs of illness influence of alcohol or psychotropic substances thereby assessing whether medical attention is required In case of serious injuries or if the detainee complains for pain or injuries the right to medical assistance is of priority and it is undertaken before any other activity For most of the police stations it was concluded that in cases when there is higher blood alcohol content among the detainees a doctor was not called by the shift manager and in that line the NPM gave a recommendation that a doctor should be called no matter whether the person asks for medical assistance This should be made in order to act in line with the temporary protection of the health of the person deprived of liberty
22
In our report for 2012 we have thematic part about People detained in police stations ndash alcohol abusers Here is our opinion The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed In four of the folders for detainees in PS ____ it was assessed that the people were drunk in the limits of 1 50 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officers Regarding your questions in my country we dont have special places for drunk people and they are placed in police station in period of 8 hours without possibility to leave before they sober up and permission by head of shift If they have visible injuries or ask for medical help its called doctor but we suggested hat the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of libertyrsquo
- Response from the NPM of Georgia
lsquoSince the Soviet period Georgia had no special institution for drunken individuals According to the Georgian legislation being under the influence of alcohol per se doesnrsquot constitute an infraction Although last year in one region Akhalkalaki the Georgian NPM revealed a vicious practice ndash drunken individuals were detained by the police and held in a police station without being registered in any special registry until next morning The fact has been mentioned in the Public Defenderrsquos Report for 2012 and the abolition of this kind of practice has been recommended to the Minister of Internal Affairs In general if a detained person has any kind of medical concern an officer in charge calls the emergency service the detainee could even be transferred to hospital for example in case of acute alcoholic intoxicationrsquo
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo
81 Introduction
The Luxembourg NPM contacted the European NPM Network regarding vulnerable groups in prison as it is about to prepare a mission on its national prisons specially focused on the respect of the rights and the treatment of particularly vulnerable categories of prisoners and wanted to draw upon other comparative NPM experiences The NPM was in particular focused on the following categories vulnerable groups middot lsquoPrisoners living in detention without interruption for more than 10 years middot Prisoners recently condemned to a sentence of 15 years minimum middot Prisoners recently condemned to a very short sentence (9 months maximum) middot Older prisoners minimum age of 55 years
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
17
4 European Union and associated bodies
41 European Union Agency for Fundamental Rights (FRA)
June 2013 the European Court of Human Rights (ECtHR) and the European Union Agency for Fundamental Rights (FRA) published a joint Handbook on European law relating to asylum borders and immigration on 11 June lsquoIt examines the relevant law in the field of asylum borders and immigration stemming from both European systems the European Union and the Council of Europe It provides an accessible guide to the various European standards relevant to asylum borders and immigration The handbook is the second joint publication of this kind following a first handbook on non-discrimination issued in 2011 It is based on the case law of the European Court of Human Rights and the European Court of Justice as well as on the relevant EU regulations and directives It is also a first point of reference on the European Social Charter (ESC) and other instruments of the Council of Europe It is designed to assist legal practitioners at national and European level including lawyers judges prosecutors border guards immigration officials and others working with national authorities as well as non-governmental organisations and other bodies that may be confronted with legal questions in any of the areas the handbook sets out to coverrsquo The handbook is available at httpfraeuropaeusitesdefaultfileshandbook-law-asylum-migration-borders_enpdf
5 News from NGOs amp general updates
51 The Association for the Prevention of Torture Geneva (APT)
lsquoRights within the EU What role for European Institutions Monday September 16 2013 ldquoThe Treaties of the European Union state that the EU is founded on the value of respect for human rightsrdquo However much remains to be done for EU institutions to properly address gross human rights violations within the EU particularly the Council of the European Union This is the message that members of the Human Rights and Democracy Network which the APT is part of have sent to the representatives of all key EU institutions The letter singles out the EU Council Working Party on Fundamental Rights and Free Movement of Persons (FREMP) which has ldquobeen largely confined to negotiating the EU accession to the European Convention on Human Rightsrdquo rather than seeking to address serious human rights abuses within the European Union The letter concludes with a set of practical and constructive recommendations to the main EU institutions including the Council Commission Parliament and the Fundamental Rights Agency including strengthening the mandate of the latter The APT supports these recommendations and calls on remaining EU states that have not yet done so to ratify the Optional Protocol to the UN Convention against Torture (OPCAT) Presently 7 members of the EU (Belgium Finland Greece Ireland Latvia Lithuania and Slovakia) are not party to this innovative treaty The APT also calls on EU states that have established or designated National Preventive Mechanisms under the OPCAT to provide them with the necessary independence and resources as well as engaging in a constructive dialogue with these institutions to meaningfully reduce the risk of abuse on persons deprived of their libertyrsquo See more at httpwwwaptchennews_on_preventionrights-within-the-eu-what-role-for-european-institutionsUjnGb-DZn4Y lsquoExcessive use of pre-trial detention in the EU Tuesday September 10 2013 The APT today co-signed a letter sent to European Commission Vice-President Viviane Reding urging the Commission to take steps aimed at reducing the excessive periods of time people spend in pre-trial detention and to increase the use of alternatives
18
Across the European Union both the use and material conditions of pre-trial detention vary considerably and can have a very detrimental impact on persons deprived of their liberty Among other issues the letter calls on the Commission to take concrete steps to establish minimum and enforceable EU standards on pre-trial detention The letter is co-signed by 22 NGOs and has been copied to various relevant European Commission actorsrsquo lsquoInstitutional culture in detention a framework for preventive monitoring This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts It is the second in a series of thematic papers on aspects of detention monitoring which have so far been under-researched and received little attention They are the result of a joint project between the APT and Penal Reform International (PRI) with financial assistance of the UK Government and the European Unionrsquo See further details at httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17 Read more on the APT website at httpwwwaptch
52 Penal Reform International (PRI)
- Institutional culture in detention a framework for preventive monitoring
This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other forms of ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts This resource from PRI and the Association for the Prevention of Torture (APT) is designed to - raise awareness among monitoring bodies of the role of culture in places of detention in the prevention of torture and ill-treatment - provide a framework for understanding culture in places of detention - outline some common cultural attitudes that can represent risk factors for torture and ill-treatment - provide some examples of processes and factors that contribute to positive culture change in places of detention httpwwwpenalreformorgresourceinstitutional-culture-detention-framework-preventive-monitoring-3
- PRI briefing on complaints mechanisms in its Justice for Children series
Part of PRIs series of Justice for Children Briefings this resource explains a childs right to complain about his or her care treatment and conditions while deprived of their liberty Upholding the right to complain is very important for giving a voice to children in detention and for ensuring that their other human rights are protected The briefing looks at the basis of this right in international and regional treaties and standards and challenges to children in fulfilling this right It identifies key elements for creating an effective complaints mechanism and provides recommendations to ensure children can achieve their right to make complaints httpwwwpenalreformorgresourcechildren-deprived-liberty-complaints
- The Guide on gender-sensitive monitoring
The Guide is now also available in Spanish
httpwwwpenalreformorgresourcewomen-detention-guide-gendersensitive-monitoring
19
6 Immigration detention and monitoring updates
61 Council of Europe Immigration Issues
611 Migration Co-ordination Division update on work in the field of asylum and immigration
Recent editions of the Migration Co-ordination Newsletter were published in July and August 2013 The Newsletter provides a glance at some of the relevant Council of Europe activities on migration asylum and integration It will be published monthly and sent electronically to interested parties As we all know migration constitutes an ever-growing concern within the field of human rights and different aspects of migration profoundly affect social well-being In the foreseeable future these issues will only grow in importance and relevance across Europe Here the Council of Europe has a lot to offer The Migration Co-ordination Division hopes that this newsletter can give readers an insight into some of the debates and migration related activities as they unfolded at the Council in the months of June July and August The Newsletters are available at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp You can subscribe to future newsletters by sending an email to migration-newslettercoeint and you can search the archives for previous newsletters at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp Ukraine Efforts to improve policies and practices of detention of foreigners Strasbourg 4 July 2013 The Ukrainian authorities are engaged in serious efforts to bring their national policy and practice with regard to the detention of migrants and asylum-seekers in line with the Council of Europe standards A recent legislative initiative to amend several legal acts governing the status and the judicial protection of foreigners and stateless persons (draft law No 2743) emphasises the commitment of the Ukrainian government to ensure a judicial review of decisions depriving foreigners of their right to liberty The Council of Europe Migration Co-ordinator Christos Giakoumopoulos said the amendments which are currently examined by the Ukrainian parliament (Verhovna Rada) are an important step in ensuring compliance with Council of Europe norms as they are clearly inspired by the recommendations of the Committee of Ministers of the Council of Europe Moreover he said these amendments constitute a positive development in the process of the implementation of several judgements of the European Court of Human Rights such as for example the Soldatenko v Ukraine group of cases and the case of Nowak v Ukraine in which Ukraine was found in breach of the European Convention of Human Rights on account of unlawful detentions and lack of judicial control
62 Council of Europe Parliamentary Assembly (PACE) Migration Committee
Assistance to Syrian refugees after Lebanon PACE rapporteur continues visit to Turkey lsquoStrasbourg 21082013 ndash Jean-Marie Bockel (France EPPCD) who is preparing a report for the Parliamentary Assembly of the Council of Europe (PACE) on international assistance for Syrian refugees in Jordan Turkey Lebanon and Iraq today begins a fact-finding visit to Turkey (21 to 22 August 2013) following on from a visit to Lebanon (19-20 August) In Hatay (21-22 August) Mr Bockel will meet the Governor of Hatay and Turkish government officials ndash including from the Disaster and Emergency Management Presidency in the Prime Ministersrsquo Office ndash as well as representatives of the Red Crescent in Turkey He will also visit a local centre where refugees are accommodated and will speak to local residents about the impact of the refugee influx on the local community In Lebanon Mr Bockel met Syrian refugees in Alaawi (South Lebanon) and Ketermaya (Mount Lebanon) and discussed their situation with representatives of the UN High Commissioner for
20
Refugees and other NGOs working in the field During these exchanges of view he drew the authoritiesrsquo attention in particular to the situation of women and children Mr Bockelrsquos report is a follow-up to a current affairs debate held by the Assembly on this topic in April 2013rsquo For more details see httpassemblycoeintASPNewsManagerEMB_NewsManagerViewaspID=8977ampL=2
7 NPM discussion topic No 1 ldquothe monitoring of sobering-up detentionrdquo
71 Introduction
The thematic section for this Newsletter is on the experiences of NPMs regarding sobering-up detention The Polish NPM is currently preparing a thematic report and a conference regarding sobering-up stations and is looking for comparative experiences of monitoring such places from other CoE region NPMs In Poland these are institutions where drunk individuals are detained until they get sober for no longer than 24 hours In these places there is a non-stop medical service given to those people Those individuals are escorted there by the police because of their behaviour in public or at home The Polish NPM questions to the European NPM Network are
- how in your countries is the problem of care given to drunk people is solved - Where are drunk individuals placed (detained) if they are stopped by the Police - Can they leave those places anytime or they have to stay there till they are sober - What kind of care is given to them
The overview of responses to these questions form the European NPM Network members is below
72 Overview of responses from the European NPMs
- Response from the NPM of Luxembourg lsquoIn Luxemburg we have a very similar law regarding public drunkenness Following article 28 of the modified law from June 29th 1989 people that in a state of drunkenness cause public disorder or are likely to be harmful for themselves or others can be arrested by the police without intervention of a judge or an attorney for no longer than 24 hours Once arrested this people benefit from the full range of rights guaranteed to any other arrested person for criminal reasons (right to immediate assistance of a lawyer or consular assistance for foreigners right to call a family member inventory of their belongings fresh water supply etchellip) As for any other detainee the privation of liberty can only take place after a medical visit that generally takes place at the police station The surgeon in charge has to establish a written document stating that the concerned person does not present any corporal AND mental diseases making detention inappropriate or potentially harmful During the detention time those persons are under close survey (continuously by video and physically every hour at least all those verifications have to be noted down in real time indicating the time of control and the name of the controlling officer in a registry that is accessible at any time to the NPM and to the Inspectorate general of the Police) The Luxemburgish NPM already conducted several visits to police stations especially during the weekend nights Generally there was no noticeable problem The average time of privation of liberty cannot exceed 24 hours practically the detention time is very rarely superior to 6 hours In general people picked up during the night are released in the early morning hours The maximum time encountered by the Luxemburgish NPM was 165 hours immediately followed by a detention time of 825 hours There is no continuous medical survey in Luxemburg in case of a medical urgency people are immediately transferred to the next hospital which practically never happened until today as people with severe intoxications are detected by the medical visit prior to detention and are immediately transferred to a hospital
21
People arrested in Luxemburg on the legal basis above cannot leave the police station by their own decision liberation is depending upon the decision of the commanding police officer of the concerned station We also have another legal basis article 37 of the modified Police-law from May 31st 1999 entitling the police to arrest under the same conditions and restrictions as above anybody who by his ldquofoolishrdquo (insenseacute en french) behavior in public is likely to be harmful for himself or for others even without consumption of alcohol or drug abusersquo
- Response from the NPM of Slovenia
lsquoIn Republic of Slovenia there are no lsquosobering-up stationsrsquo per se However the police may order and carry out detention of a person under the influence of alcohol in certain cases for example as defined in the Minor Offences Act according to which (also) police officers may order detention when the perpetrator is caught committing minor offence under the influence of alcohol or other psychoactive substances and there is danger that (s)he will continue to commit minor offences such detention (which is not the only possible one involving the police) takes place in detention rooms at police stations and can last until the perpetrator becomes sober or capable to control behavior - but no longer than 12 hours Regarding lsquocare given to drunk peoplersquo in police detention ndash first of all police officers are bound to make sure that detained person gets medical aid if needed (injuries signs of alcohol poisoninghellip) or if the person demands so - this can be provided by medical personnel coming to place of detention itself or by taking the person to proper institution Police officer carrying out the detention is actually bound to take care of safety in general of the detained person for the duration of detention at least regular physical supervision is necessary but most often technical (audio and video) is provided too Drinkable water must be provided at all times and generally also one cold meal If the person is brought in wearing wet or in any other way unsuitable clothing (given the season weather conditionshellip) police officer must provide the person with proper clothes or footwear for the duration of the detention Certain standards are prescribed for the detention rooms themselves also ndash in cases of detention of up to 12 hours the floor shall not be slippery air temperature shall not be under 18 degrees Celsius in any case the room shall be equipped with toilet facilities unbreakable wash-hand basin and fixed bed with impermeable inflammable and untearable pillow and two blankets All circumstances regarding the detention (condition of the person carried out physical supervisions provided clothing food etc) are to be also carefully documentedrsquo
- Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo
lsquoIn our Law of Police is regulated this question The police officer may detain a person under the influence of alcohol or other psychoactive substances under terms and conditions determined by special law and the detention can last up to 8 hours With this article is limited time of detention because for criminal acts detention in police station is maximum 24 hours ( 12 hours for juveniles) Person under the influence of alcohol has the same rights like other detainees We dont have special places for detention of intoxicated people and police use regular detention places in the police stations Pursuant to the Rulebook on the Manner of Performance of Police duties and the Standard Operating Procedures for Detention and Treatment of Detainees the head of shift (police officer for admission) is responsible for admission of persons giving advice on realization of hisher rights including continuous monitoring during the detention for the purpose of ensuring the detained personsrsquo safety in the police station So people who are detained in Police station have right for food and water right to an attorney and informing the family right to medical assistance The shift manager is obligated to assess the health status of detained persons upon admission and record the same in the detention report The shift manager records any visible injuries visible signs of illness influence of alcohol or psychotropic substances thereby assessing whether medical attention is required In case of serious injuries or if the detainee complains for pain or injuries the right to medical assistance is of priority and it is undertaken before any other activity For most of the police stations it was concluded that in cases when there is higher blood alcohol content among the detainees a doctor was not called by the shift manager and in that line the NPM gave a recommendation that a doctor should be called no matter whether the person asks for medical assistance This should be made in order to act in line with the temporary protection of the health of the person deprived of liberty
22
In our report for 2012 we have thematic part about People detained in police stations ndash alcohol abusers Here is our opinion The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed In four of the folders for detainees in PS ____ it was assessed that the people were drunk in the limits of 1 50 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officers Regarding your questions in my country we dont have special places for drunk people and they are placed in police station in period of 8 hours without possibility to leave before they sober up and permission by head of shift If they have visible injuries or ask for medical help its called doctor but we suggested hat the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of libertyrsquo
- Response from the NPM of Georgia
lsquoSince the Soviet period Georgia had no special institution for drunken individuals According to the Georgian legislation being under the influence of alcohol per se doesnrsquot constitute an infraction Although last year in one region Akhalkalaki the Georgian NPM revealed a vicious practice ndash drunken individuals were detained by the police and held in a police station without being registered in any special registry until next morning The fact has been mentioned in the Public Defenderrsquos Report for 2012 and the abolition of this kind of practice has been recommended to the Minister of Internal Affairs In general if a detained person has any kind of medical concern an officer in charge calls the emergency service the detainee could even be transferred to hospital for example in case of acute alcoholic intoxicationrsquo
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo
81 Introduction
The Luxembourg NPM contacted the European NPM Network regarding vulnerable groups in prison as it is about to prepare a mission on its national prisons specially focused on the respect of the rights and the treatment of particularly vulnerable categories of prisoners and wanted to draw upon other comparative NPM experiences The NPM was in particular focused on the following categories vulnerable groups middot lsquoPrisoners living in detention without interruption for more than 10 years middot Prisoners recently condemned to a sentence of 15 years minimum middot Prisoners recently condemned to a very short sentence (9 months maximum) middot Older prisoners minimum age of 55 years
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
18
Across the European Union both the use and material conditions of pre-trial detention vary considerably and can have a very detrimental impact on persons deprived of their liberty Among other issues the letter calls on the Commission to take concrete steps to establish minimum and enforceable EU standards on pre-trial detention The letter is co-signed by 22 NGOs and has been copied to various relevant European Commission actorsrsquo lsquoInstitutional culture in detention a framework for preventive monitoring This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts It is the second in a series of thematic papers on aspects of detention monitoring which have so far been under-researched and received little attention They are the result of a joint project between the APT and Penal Reform International (PRI) with financial assistance of the UK Government and the European Unionrsquo See further details at httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17 Read more on the APT website at httpwwwaptch
52 Penal Reform International (PRI)
- Institutional culture in detention a framework for preventive monitoring
This paper looks at positive culture change in places of deprivation of liberty from a human rights perspective People deprived of their liberty are particularly vulnerable to abuse including torture and other forms of ill-treatment Bodies that monitor places of detention play a significant role in preventing torture by identifying root causes and seeking to reduce the risk of torture occurring The culture in places of detention is one important systemic factor to be considered in torture prevention efforts This resource from PRI and the Association for the Prevention of Torture (APT) is designed to - raise awareness among monitoring bodies of the role of culture in places of detention in the prevention of torture and ill-treatment - provide a framework for understanding culture in places of detention - outline some common cultural attitudes that can represent risk factors for torture and ill-treatment - provide some examples of processes and factors that contribute to positive culture change in places of detention httpwwwpenalreformorgresourceinstitutional-culture-detention-framework-preventive-monitoring-3
- PRI briefing on complaints mechanisms in its Justice for Children series
Part of PRIs series of Justice for Children Briefings this resource explains a childs right to complain about his or her care treatment and conditions while deprived of their liberty Upholding the right to complain is very important for giving a voice to children in detention and for ensuring that their other human rights are protected The briefing looks at the basis of this right in international and regional treaties and standards and challenges to children in fulfilling this right It identifies key elements for creating an effective complaints mechanism and provides recommendations to ensure children can achieve their right to make complaints httpwwwpenalreformorgresourcechildren-deprived-liberty-complaints
- The Guide on gender-sensitive monitoring
The Guide is now also available in Spanish
httpwwwpenalreformorgresourcewomen-detention-guide-gendersensitive-monitoring
19
6 Immigration detention and monitoring updates
61 Council of Europe Immigration Issues
611 Migration Co-ordination Division update on work in the field of asylum and immigration
Recent editions of the Migration Co-ordination Newsletter were published in July and August 2013 The Newsletter provides a glance at some of the relevant Council of Europe activities on migration asylum and integration It will be published monthly and sent electronically to interested parties As we all know migration constitutes an ever-growing concern within the field of human rights and different aspects of migration profoundly affect social well-being In the foreseeable future these issues will only grow in importance and relevance across Europe Here the Council of Europe has a lot to offer The Migration Co-ordination Division hopes that this newsletter can give readers an insight into some of the debates and migration related activities as they unfolded at the Council in the months of June July and August The Newsletters are available at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp You can subscribe to future newsletters by sending an email to migration-newslettercoeint and you can search the archives for previous newsletters at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp Ukraine Efforts to improve policies and practices of detention of foreigners Strasbourg 4 July 2013 The Ukrainian authorities are engaged in serious efforts to bring their national policy and practice with regard to the detention of migrants and asylum-seekers in line with the Council of Europe standards A recent legislative initiative to amend several legal acts governing the status and the judicial protection of foreigners and stateless persons (draft law No 2743) emphasises the commitment of the Ukrainian government to ensure a judicial review of decisions depriving foreigners of their right to liberty The Council of Europe Migration Co-ordinator Christos Giakoumopoulos said the amendments which are currently examined by the Ukrainian parliament (Verhovna Rada) are an important step in ensuring compliance with Council of Europe norms as they are clearly inspired by the recommendations of the Committee of Ministers of the Council of Europe Moreover he said these amendments constitute a positive development in the process of the implementation of several judgements of the European Court of Human Rights such as for example the Soldatenko v Ukraine group of cases and the case of Nowak v Ukraine in which Ukraine was found in breach of the European Convention of Human Rights on account of unlawful detentions and lack of judicial control
62 Council of Europe Parliamentary Assembly (PACE) Migration Committee
Assistance to Syrian refugees after Lebanon PACE rapporteur continues visit to Turkey lsquoStrasbourg 21082013 ndash Jean-Marie Bockel (France EPPCD) who is preparing a report for the Parliamentary Assembly of the Council of Europe (PACE) on international assistance for Syrian refugees in Jordan Turkey Lebanon and Iraq today begins a fact-finding visit to Turkey (21 to 22 August 2013) following on from a visit to Lebanon (19-20 August) In Hatay (21-22 August) Mr Bockel will meet the Governor of Hatay and Turkish government officials ndash including from the Disaster and Emergency Management Presidency in the Prime Ministersrsquo Office ndash as well as representatives of the Red Crescent in Turkey He will also visit a local centre where refugees are accommodated and will speak to local residents about the impact of the refugee influx on the local community In Lebanon Mr Bockel met Syrian refugees in Alaawi (South Lebanon) and Ketermaya (Mount Lebanon) and discussed their situation with representatives of the UN High Commissioner for
20
Refugees and other NGOs working in the field During these exchanges of view he drew the authoritiesrsquo attention in particular to the situation of women and children Mr Bockelrsquos report is a follow-up to a current affairs debate held by the Assembly on this topic in April 2013rsquo For more details see httpassemblycoeintASPNewsManagerEMB_NewsManagerViewaspID=8977ampL=2
7 NPM discussion topic No 1 ldquothe monitoring of sobering-up detentionrdquo
71 Introduction
The thematic section for this Newsletter is on the experiences of NPMs regarding sobering-up detention The Polish NPM is currently preparing a thematic report and a conference regarding sobering-up stations and is looking for comparative experiences of monitoring such places from other CoE region NPMs In Poland these are institutions where drunk individuals are detained until they get sober for no longer than 24 hours In these places there is a non-stop medical service given to those people Those individuals are escorted there by the police because of their behaviour in public or at home The Polish NPM questions to the European NPM Network are
- how in your countries is the problem of care given to drunk people is solved - Where are drunk individuals placed (detained) if they are stopped by the Police - Can they leave those places anytime or they have to stay there till they are sober - What kind of care is given to them
The overview of responses to these questions form the European NPM Network members is below
72 Overview of responses from the European NPMs
- Response from the NPM of Luxembourg lsquoIn Luxemburg we have a very similar law regarding public drunkenness Following article 28 of the modified law from June 29th 1989 people that in a state of drunkenness cause public disorder or are likely to be harmful for themselves or others can be arrested by the police without intervention of a judge or an attorney for no longer than 24 hours Once arrested this people benefit from the full range of rights guaranteed to any other arrested person for criminal reasons (right to immediate assistance of a lawyer or consular assistance for foreigners right to call a family member inventory of their belongings fresh water supply etchellip) As for any other detainee the privation of liberty can only take place after a medical visit that generally takes place at the police station The surgeon in charge has to establish a written document stating that the concerned person does not present any corporal AND mental diseases making detention inappropriate or potentially harmful During the detention time those persons are under close survey (continuously by video and physically every hour at least all those verifications have to be noted down in real time indicating the time of control and the name of the controlling officer in a registry that is accessible at any time to the NPM and to the Inspectorate general of the Police) The Luxemburgish NPM already conducted several visits to police stations especially during the weekend nights Generally there was no noticeable problem The average time of privation of liberty cannot exceed 24 hours practically the detention time is very rarely superior to 6 hours In general people picked up during the night are released in the early morning hours The maximum time encountered by the Luxemburgish NPM was 165 hours immediately followed by a detention time of 825 hours There is no continuous medical survey in Luxemburg in case of a medical urgency people are immediately transferred to the next hospital which practically never happened until today as people with severe intoxications are detected by the medical visit prior to detention and are immediately transferred to a hospital
21
People arrested in Luxemburg on the legal basis above cannot leave the police station by their own decision liberation is depending upon the decision of the commanding police officer of the concerned station We also have another legal basis article 37 of the modified Police-law from May 31st 1999 entitling the police to arrest under the same conditions and restrictions as above anybody who by his ldquofoolishrdquo (insenseacute en french) behavior in public is likely to be harmful for himself or for others even without consumption of alcohol or drug abusersquo
- Response from the NPM of Slovenia
lsquoIn Republic of Slovenia there are no lsquosobering-up stationsrsquo per se However the police may order and carry out detention of a person under the influence of alcohol in certain cases for example as defined in the Minor Offences Act according to which (also) police officers may order detention when the perpetrator is caught committing minor offence under the influence of alcohol or other psychoactive substances and there is danger that (s)he will continue to commit minor offences such detention (which is not the only possible one involving the police) takes place in detention rooms at police stations and can last until the perpetrator becomes sober or capable to control behavior - but no longer than 12 hours Regarding lsquocare given to drunk peoplersquo in police detention ndash first of all police officers are bound to make sure that detained person gets medical aid if needed (injuries signs of alcohol poisoninghellip) or if the person demands so - this can be provided by medical personnel coming to place of detention itself or by taking the person to proper institution Police officer carrying out the detention is actually bound to take care of safety in general of the detained person for the duration of detention at least regular physical supervision is necessary but most often technical (audio and video) is provided too Drinkable water must be provided at all times and generally also one cold meal If the person is brought in wearing wet or in any other way unsuitable clothing (given the season weather conditionshellip) police officer must provide the person with proper clothes or footwear for the duration of the detention Certain standards are prescribed for the detention rooms themselves also ndash in cases of detention of up to 12 hours the floor shall not be slippery air temperature shall not be under 18 degrees Celsius in any case the room shall be equipped with toilet facilities unbreakable wash-hand basin and fixed bed with impermeable inflammable and untearable pillow and two blankets All circumstances regarding the detention (condition of the person carried out physical supervisions provided clothing food etc) are to be also carefully documentedrsquo
- Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo
lsquoIn our Law of Police is regulated this question The police officer may detain a person under the influence of alcohol or other psychoactive substances under terms and conditions determined by special law and the detention can last up to 8 hours With this article is limited time of detention because for criminal acts detention in police station is maximum 24 hours ( 12 hours for juveniles) Person under the influence of alcohol has the same rights like other detainees We dont have special places for detention of intoxicated people and police use regular detention places in the police stations Pursuant to the Rulebook on the Manner of Performance of Police duties and the Standard Operating Procedures for Detention and Treatment of Detainees the head of shift (police officer for admission) is responsible for admission of persons giving advice on realization of hisher rights including continuous monitoring during the detention for the purpose of ensuring the detained personsrsquo safety in the police station So people who are detained in Police station have right for food and water right to an attorney and informing the family right to medical assistance The shift manager is obligated to assess the health status of detained persons upon admission and record the same in the detention report The shift manager records any visible injuries visible signs of illness influence of alcohol or psychotropic substances thereby assessing whether medical attention is required In case of serious injuries or if the detainee complains for pain or injuries the right to medical assistance is of priority and it is undertaken before any other activity For most of the police stations it was concluded that in cases when there is higher blood alcohol content among the detainees a doctor was not called by the shift manager and in that line the NPM gave a recommendation that a doctor should be called no matter whether the person asks for medical assistance This should be made in order to act in line with the temporary protection of the health of the person deprived of liberty
22
In our report for 2012 we have thematic part about People detained in police stations ndash alcohol abusers Here is our opinion The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed In four of the folders for detainees in PS ____ it was assessed that the people were drunk in the limits of 1 50 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officers Regarding your questions in my country we dont have special places for drunk people and they are placed in police station in period of 8 hours without possibility to leave before they sober up and permission by head of shift If they have visible injuries or ask for medical help its called doctor but we suggested hat the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of libertyrsquo
- Response from the NPM of Georgia
lsquoSince the Soviet period Georgia had no special institution for drunken individuals According to the Georgian legislation being under the influence of alcohol per se doesnrsquot constitute an infraction Although last year in one region Akhalkalaki the Georgian NPM revealed a vicious practice ndash drunken individuals were detained by the police and held in a police station without being registered in any special registry until next morning The fact has been mentioned in the Public Defenderrsquos Report for 2012 and the abolition of this kind of practice has been recommended to the Minister of Internal Affairs In general if a detained person has any kind of medical concern an officer in charge calls the emergency service the detainee could even be transferred to hospital for example in case of acute alcoholic intoxicationrsquo
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo
81 Introduction
The Luxembourg NPM contacted the European NPM Network regarding vulnerable groups in prison as it is about to prepare a mission on its national prisons specially focused on the respect of the rights and the treatment of particularly vulnerable categories of prisoners and wanted to draw upon other comparative NPM experiences The NPM was in particular focused on the following categories vulnerable groups middot lsquoPrisoners living in detention without interruption for more than 10 years middot Prisoners recently condemned to a sentence of 15 years minimum middot Prisoners recently condemned to a very short sentence (9 months maximum) middot Older prisoners minimum age of 55 years
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
19
6 Immigration detention and monitoring updates
61 Council of Europe Immigration Issues
611 Migration Co-ordination Division update on work in the field of asylum and immigration
Recent editions of the Migration Co-ordination Newsletter were published in July and August 2013 The Newsletter provides a glance at some of the relevant Council of Europe activities on migration asylum and integration It will be published monthly and sent electronically to interested parties As we all know migration constitutes an ever-growing concern within the field of human rights and different aspects of migration profoundly affect social well-being In the foreseeable future these issues will only grow in importance and relevance across Europe Here the Council of Europe has a lot to offer The Migration Co-ordination Division hopes that this newsletter can give readers an insight into some of the debates and migration related activities as they unfolded at the Council in the months of June July and August The Newsletters are available at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp You can subscribe to future newsletters by sending an email to migration-newslettercoeint and you can search the archives for previous newsletters at httpwwwcoeinttdemocracymigrationnewsletternewsletter_enasp Ukraine Efforts to improve policies and practices of detention of foreigners Strasbourg 4 July 2013 The Ukrainian authorities are engaged in serious efforts to bring their national policy and practice with regard to the detention of migrants and asylum-seekers in line with the Council of Europe standards A recent legislative initiative to amend several legal acts governing the status and the judicial protection of foreigners and stateless persons (draft law No 2743) emphasises the commitment of the Ukrainian government to ensure a judicial review of decisions depriving foreigners of their right to liberty The Council of Europe Migration Co-ordinator Christos Giakoumopoulos said the amendments which are currently examined by the Ukrainian parliament (Verhovna Rada) are an important step in ensuring compliance with Council of Europe norms as they are clearly inspired by the recommendations of the Committee of Ministers of the Council of Europe Moreover he said these amendments constitute a positive development in the process of the implementation of several judgements of the European Court of Human Rights such as for example the Soldatenko v Ukraine group of cases and the case of Nowak v Ukraine in which Ukraine was found in breach of the European Convention of Human Rights on account of unlawful detentions and lack of judicial control
62 Council of Europe Parliamentary Assembly (PACE) Migration Committee
Assistance to Syrian refugees after Lebanon PACE rapporteur continues visit to Turkey lsquoStrasbourg 21082013 ndash Jean-Marie Bockel (France EPPCD) who is preparing a report for the Parliamentary Assembly of the Council of Europe (PACE) on international assistance for Syrian refugees in Jordan Turkey Lebanon and Iraq today begins a fact-finding visit to Turkey (21 to 22 August 2013) following on from a visit to Lebanon (19-20 August) In Hatay (21-22 August) Mr Bockel will meet the Governor of Hatay and Turkish government officials ndash including from the Disaster and Emergency Management Presidency in the Prime Ministersrsquo Office ndash as well as representatives of the Red Crescent in Turkey He will also visit a local centre where refugees are accommodated and will speak to local residents about the impact of the refugee influx on the local community In Lebanon Mr Bockel met Syrian refugees in Alaawi (South Lebanon) and Ketermaya (Mount Lebanon) and discussed their situation with representatives of the UN High Commissioner for
20
Refugees and other NGOs working in the field During these exchanges of view he drew the authoritiesrsquo attention in particular to the situation of women and children Mr Bockelrsquos report is a follow-up to a current affairs debate held by the Assembly on this topic in April 2013rsquo For more details see httpassemblycoeintASPNewsManagerEMB_NewsManagerViewaspID=8977ampL=2
7 NPM discussion topic No 1 ldquothe monitoring of sobering-up detentionrdquo
71 Introduction
The thematic section for this Newsletter is on the experiences of NPMs regarding sobering-up detention The Polish NPM is currently preparing a thematic report and a conference regarding sobering-up stations and is looking for comparative experiences of monitoring such places from other CoE region NPMs In Poland these are institutions where drunk individuals are detained until they get sober for no longer than 24 hours In these places there is a non-stop medical service given to those people Those individuals are escorted there by the police because of their behaviour in public or at home The Polish NPM questions to the European NPM Network are
- how in your countries is the problem of care given to drunk people is solved - Where are drunk individuals placed (detained) if they are stopped by the Police - Can they leave those places anytime or they have to stay there till they are sober - What kind of care is given to them
The overview of responses to these questions form the European NPM Network members is below
72 Overview of responses from the European NPMs
- Response from the NPM of Luxembourg lsquoIn Luxemburg we have a very similar law regarding public drunkenness Following article 28 of the modified law from June 29th 1989 people that in a state of drunkenness cause public disorder or are likely to be harmful for themselves or others can be arrested by the police without intervention of a judge or an attorney for no longer than 24 hours Once arrested this people benefit from the full range of rights guaranteed to any other arrested person for criminal reasons (right to immediate assistance of a lawyer or consular assistance for foreigners right to call a family member inventory of their belongings fresh water supply etchellip) As for any other detainee the privation of liberty can only take place after a medical visit that generally takes place at the police station The surgeon in charge has to establish a written document stating that the concerned person does not present any corporal AND mental diseases making detention inappropriate or potentially harmful During the detention time those persons are under close survey (continuously by video and physically every hour at least all those verifications have to be noted down in real time indicating the time of control and the name of the controlling officer in a registry that is accessible at any time to the NPM and to the Inspectorate general of the Police) The Luxemburgish NPM already conducted several visits to police stations especially during the weekend nights Generally there was no noticeable problem The average time of privation of liberty cannot exceed 24 hours practically the detention time is very rarely superior to 6 hours In general people picked up during the night are released in the early morning hours The maximum time encountered by the Luxemburgish NPM was 165 hours immediately followed by a detention time of 825 hours There is no continuous medical survey in Luxemburg in case of a medical urgency people are immediately transferred to the next hospital which practically never happened until today as people with severe intoxications are detected by the medical visit prior to detention and are immediately transferred to a hospital
21
People arrested in Luxemburg on the legal basis above cannot leave the police station by their own decision liberation is depending upon the decision of the commanding police officer of the concerned station We also have another legal basis article 37 of the modified Police-law from May 31st 1999 entitling the police to arrest under the same conditions and restrictions as above anybody who by his ldquofoolishrdquo (insenseacute en french) behavior in public is likely to be harmful for himself or for others even without consumption of alcohol or drug abusersquo
- Response from the NPM of Slovenia
lsquoIn Republic of Slovenia there are no lsquosobering-up stationsrsquo per se However the police may order and carry out detention of a person under the influence of alcohol in certain cases for example as defined in the Minor Offences Act according to which (also) police officers may order detention when the perpetrator is caught committing minor offence under the influence of alcohol or other psychoactive substances and there is danger that (s)he will continue to commit minor offences such detention (which is not the only possible one involving the police) takes place in detention rooms at police stations and can last until the perpetrator becomes sober or capable to control behavior - but no longer than 12 hours Regarding lsquocare given to drunk peoplersquo in police detention ndash first of all police officers are bound to make sure that detained person gets medical aid if needed (injuries signs of alcohol poisoninghellip) or if the person demands so - this can be provided by medical personnel coming to place of detention itself or by taking the person to proper institution Police officer carrying out the detention is actually bound to take care of safety in general of the detained person for the duration of detention at least regular physical supervision is necessary but most often technical (audio and video) is provided too Drinkable water must be provided at all times and generally also one cold meal If the person is brought in wearing wet or in any other way unsuitable clothing (given the season weather conditionshellip) police officer must provide the person with proper clothes or footwear for the duration of the detention Certain standards are prescribed for the detention rooms themselves also ndash in cases of detention of up to 12 hours the floor shall not be slippery air temperature shall not be under 18 degrees Celsius in any case the room shall be equipped with toilet facilities unbreakable wash-hand basin and fixed bed with impermeable inflammable and untearable pillow and two blankets All circumstances regarding the detention (condition of the person carried out physical supervisions provided clothing food etc) are to be also carefully documentedrsquo
- Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo
lsquoIn our Law of Police is regulated this question The police officer may detain a person under the influence of alcohol or other psychoactive substances under terms and conditions determined by special law and the detention can last up to 8 hours With this article is limited time of detention because for criminal acts detention in police station is maximum 24 hours ( 12 hours for juveniles) Person under the influence of alcohol has the same rights like other detainees We dont have special places for detention of intoxicated people and police use regular detention places in the police stations Pursuant to the Rulebook on the Manner of Performance of Police duties and the Standard Operating Procedures for Detention and Treatment of Detainees the head of shift (police officer for admission) is responsible for admission of persons giving advice on realization of hisher rights including continuous monitoring during the detention for the purpose of ensuring the detained personsrsquo safety in the police station So people who are detained in Police station have right for food and water right to an attorney and informing the family right to medical assistance The shift manager is obligated to assess the health status of detained persons upon admission and record the same in the detention report The shift manager records any visible injuries visible signs of illness influence of alcohol or psychotropic substances thereby assessing whether medical attention is required In case of serious injuries or if the detainee complains for pain or injuries the right to medical assistance is of priority and it is undertaken before any other activity For most of the police stations it was concluded that in cases when there is higher blood alcohol content among the detainees a doctor was not called by the shift manager and in that line the NPM gave a recommendation that a doctor should be called no matter whether the person asks for medical assistance This should be made in order to act in line with the temporary protection of the health of the person deprived of liberty
22
In our report for 2012 we have thematic part about People detained in police stations ndash alcohol abusers Here is our opinion The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed In four of the folders for detainees in PS ____ it was assessed that the people were drunk in the limits of 1 50 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officers Regarding your questions in my country we dont have special places for drunk people and they are placed in police station in period of 8 hours without possibility to leave before they sober up and permission by head of shift If they have visible injuries or ask for medical help its called doctor but we suggested hat the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of libertyrsquo
- Response from the NPM of Georgia
lsquoSince the Soviet period Georgia had no special institution for drunken individuals According to the Georgian legislation being under the influence of alcohol per se doesnrsquot constitute an infraction Although last year in one region Akhalkalaki the Georgian NPM revealed a vicious practice ndash drunken individuals were detained by the police and held in a police station without being registered in any special registry until next morning The fact has been mentioned in the Public Defenderrsquos Report for 2012 and the abolition of this kind of practice has been recommended to the Minister of Internal Affairs In general if a detained person has any kind of medical concern an officer in charge calls the emergency service the detainee could even be transferred to hospital for example in case of acute alcoholic intoxicationrsquo
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo
81 Introduction
The Luxembourg NPM contacted the European NPM Network regarding vulnerable groups in prison as it is about to prepare a mission on its national prisons specially focused on the respect of the rights and the treatment of particularly vulnerable categories of prisoners and wanted to draw upon other comparative NPM experiences The NPM was in particular focused on the following categories vulnerable groups middot lsquoPrisoners living in detention without interruption for more than 10 years middot Prisoners recently condemned to a sentence of 15 years minimum middot Prisoners recently condemned to a very short sentence (9 months maximum) middot Older prisoners minimum age of 55 years
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
20
Refugees and other NGOs working in the field During these exchanges of view he drew the authoritiesrsquo attention in particular to the situation of women and children Mr Bockelrsquos report is a follow-up to a current affairs debate held by the Assembly on this topic in April 2013rsquo For more details see httpassemblycoeintASPNewsManagerEMB_NewsManagerViewaspID=8977ampL=2
7 NPM discussion topic No 1 ldquothe monitoring of sobering-up detentionrdquo
71 Introduction
The thematic section for this Newsletter is on the experiences of NPMs regarding sobering-up detention The Polish NPM is currently preparing a thematic report and a conference regarding sobering-up stations and is looking for comparative experiences of monitoring such places from other CoE region NPMs In Poland these are institutions where drunk individuals are detained until they get sober for no longer than 24 hours In these places there is a non-stop medical service given to those people Those individuals are escorted there by the police because of their behaviour in public or at home The Polish NPM questions to the European NPM Network are
- how in your countries is the problem of care given to drunk people is solved - Where are drunk individuals placed (detained) if they are stopped by the Police - Can they leave those places anytime or they have to stay there till they are sober - What kind of care is given to them
The overview of responses to these questions form the European NPM Network members is below
72 Overview of responses from the European NPMs
- Response from the NPM of Luxembourg lsquoIn Luxemburg we have a very similar law regarding public drunkenness Following article 28 of the modified law from June 29th 1989 people that in a state of drunkenness cause public disorder or are likely to be harmful for themselves or others can be arrested by the police without intervention of a judge or an attorney for no longer than 24 hours Once arrested this people benefit from the full range of rights guaranteed to any other arrested person for criminal reasons (right to immediate assistance of a lawyer or consular assistance for foreigners right to call a family member inventory of their belongings fresh water supply etchellip) As for any other detainee the privation of liberty can only take place after a medical visit that generally takes place at the police station The surgeon in charge has to establish a written document stating that the concerned person does not present any corporal AND mental diseases making detention inappropriate or potentially harmful During the detention time those persons are under close survey (continuously by video and physically every hour at least all those verifications have to be noted down in real time indicating the time of control and the name of the controlling officer in a registry that is accessible at any time to the NPM and to the Inspectorate general of the Police) The Luxemburgish NPM already conducted several visits to police stations especially during the weekend nights Generally there was no noticeable problem The average time of privation of liberty cannot exceed 24 hours practically the detention time is very rarely superior to 6 hours In general people picked up during the night are released in the early morning hours The maximum time encountered by the Luxemburgish NPM was 165 hours immediately followed by a detention time of 825 hours There is no continuous medical survey in Luxemburg in case of a medical urgency people are immediately transferred to the next hospital which practically never happened until today as people with severe intoxications are detected by the medical visit prior to detention and are immediately transferred to a hospital
21
People arrested in Luxemburg on the legal basis above cannot leave the police station by their own decision liberation is depending upon the decision of the commanding police officer of the concerned station We also have another legal basis article 37 of the modified Police-law from May 31st 1999 entitling the police to arrest under the same conditions and restrictions as above anybody who by his ldquofoolishrdquo (insenseacute en french) behavior in public is likely to be harmful for himself or for others even without consumption of alcohol or drug abusersquo
- Response from the NPM of Slovenia
lsquoIn Republic of Slovenia there are no lsquosobering-up stationsrsquo per se However the police may order and carry out detention of a person under the influence of alcohol in certain cases for example as defined in the Minor Offences Act according to which (also) police officers may order detention when the perpetrator is caught committing minor offence under the influence of alcohol or other psychoactive substances and there is danger that (s)he will continue to commit minor offences such detention (which is not the only possible one involving the police) takes place in detention rooms at police stations and can last until the perpetrator becomes sober or capable to control behavior - but no longer than 12 hours Regarding lsquocare given to drunk peoplersquo in police detention ndash first of all police officers are bound to make sure that detained person gets medical aid if needed (injuries signs of alcohol poisoninghellip) or if the person demands so - this can be provided by medical personnel coming to place of detention itself or by taking the person to proper institution Police officer carrying out the detention is actually bound to take care of safety in general of the detained person for the duration of detention at least regular physical supervision is necessary but most often technical (audio and video) is provided too Drinkable water must be provided at all times and generally also one cold meal If the person is brought in wearing wet or in any other way unsuitable clothing (given the season weather conditionshellip) police officer must provide the person with proper clothes or footwear for the duration of the detention Certain standards are prescribed for the detention rooms themselves also ndash in cases of detention of up to 12 hours the floor shall not be slippery air temperature shall not be under 18 degrees Celsius in any case the room shall be equipped with toilet facilities unbreakable wash-hand basin and fixed bed with impermeable inflammable and untearable pillow and two blankets All circumstances regarding the detention (condition of the person carried out physical supervisions provided clothing food etc) are to be also carefully documentedrsquo
- Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo
lsquoIn our Law of Police is regulated this question The police officer may detain a person under the influence of alcohol or other psychoactive substances under terms and conditions determined by special law and the detention can last up to 8 hours With this article is limited time of detention because for criminal acts detention in police station is maximum 24 hours ( 12 hours for juveniles) Person under the influence of alcohol has the same rights like other detainees We dont have special places for detention of intoxicated people and police use regular detention places in the police stations Pursuant to the Rulebook on the Manner of Performance of Police duties and the Standard Operating Procedures for Detention and Treatment of Detainees the head of shift (police officer for admission) is responsible for admission of persons giving advice on realization of hisher rights including continuous monitoring during the detention for the purpose of ensuring the detained personsrsquo safety in the police station So people who are detained in Police station have right for food and water right to an attorney and informing the family right to medical assistance The shift manager is obligated to assess the health status of detained persons upon admission and record the same in the detention report The shift manager records any visible injuries visible signs of illness influence of alcohol or psychotropic substances thereby assessing whether medical attention is required In case of serious injuries or if the detainee complains for pain or injuries the right to medical assistance is of priority and it is undertaken before any other activity For most of the police stations it was concluded that in cases when there is higher blood alcohol content among the detainees a doctor was not called by the shift manager and in that line the NPM gave a recommendation that a doctor should be called no matter whether the person asks for medical assistance This should be made in order to act in line with the temporary protection of the health of the person deprived of liberty
22
In our report for 2012 we have thematic part about People detained in police stations ndash alcohol abusers Here is our opinion The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed In four of the folders for detainees in PS ____ it was assessed that the people were drunk in the limits of 1 50 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officers Regarding your questions in my country we dont have special places for drunk people and they are placed in police station in period of 8 hours without possibility to leave before they sober up and permission by head of shift If they have visible injuries or ask for medical help its called doctor but we suggested hat the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of libertyrsquo
- Response from the NPM of Georgia
lsquoSince the Soviet period Georgia had no special institution for drunken individuals According to the Georgian legislation being under the influence of alcohol per se doesnrsquot constitute an infraction Although last year in one region Akhalkalaki the Georgian NPM revealed a vicious practice ndash drunken individuals were detained by the police and held in a police station without being registered in any special registry until next morning The fact has been mentioned in the Public Defenderrsquos Report for 2012 and the abolition of this kind of practice has been recommended to the Minister of Internal Affairs In general if a detained person has any kind of medical concern an officer in charge calls the emergency service the detainee could even be transferred to hospital for example in case of acute alcoholic intoxicationrsquo
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo
81 Introduction
The Luxembourg NPM contacted the European NPM Network regarding vulnerable groups in prison as it is about to prepare a mission on its national prisons specially focused on the respect of the rights and the treatment of particularly vulnerable categories of prisoners and wanted to draw upon other comparative NPM experiences The NPM was in particular focused on the following categories vulnerable groups middot lsquoPrisoners living in detention without interruption for more than 10 years middot Prisoners recently condemned to a sentence of 15 years minimum middot Prisoners recently condemned to a very short sentence (9 months maximum) middot Older prisoners minimum age of 55 years
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
21
People arrested in Luxemburg on the legal basis above cannot leave the police station by their own decision liberation is depending upon the decision of the commanding police officer of the concerned station We also have another legal basis article 37 of the modified Police-law from May 31st 1999 entitling the police to arrest under the same conditions and restrictions as above anybody who by his ldquofoolishrdquo (insenseacute en french) behavior in public is likely to be harmful for himself or for others even without consumption of alcohol or drug abusersquo
- Response from the NPM of Slovenia
lsquoIn Republic of Slovenia there are no lsquosobering-up stationsrsquo per se However the police may order and carry out detention of a person under the influence of alcohol in certain cases for example as defined in the Minor Offences Act according to which (also) police officers may order detention when the perpetrator is caught committing minor offence under the influence of alcohol or other psychoactive substances and there is danger that (s)he will continue to commit minor offences such detention (which is not the only possible one involving the police) takes place in detention rooms at police stations and can last until the perpetrator becomes sober or capable to control behavior - but no longer than 12 hours Regarding lsquocare given to drunk peoplersquo in police detention ndash first of all police officers are bound to make sure that detained person gets medical aid if needed (injuries signs of alcohol poisoninghellip) or if the person demands so - this can be provided by medical personnel coming to place of detention itself or by taking the person to proper institution Police officer carrying out the detention is actually bound to take care of safety in general of the detained person for the duration of detention at least regular physical supervision is necessary but most often technical (audio and video) is provided too Drinkable water must be provided at all times and generally also one cold meal If the person is brought in wearing wet or in any other way unsuitable clothing (given the season weather conditionshellip) police officer must provide the person with proper clothes or footwear for the duration of the detention Certain standards are prescribed for the detention rooms themselves also ndash in cases of detention of up to 12 hours the floor shall not be slippery air temperature shall not be under 18 degrees Celsius in any case the room shall be equipped with toilet facilities unbreakable wash-hand basin and fixed bed with impermeable inflammable and untearable pillow and two blankets All circumstances regarding the detention (condition of the person carried out physical supervisions provided clothing food etc) are to be also carefully documentedrsquo
- Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo
lsquoIn our Law of Police is regulated this question The police officer may detain a person under the influence of alcohol or other psychoactive substances under terms and conditions determined by special law and the detention can last up to 8 hours With this article is limited time of detention because for criminal acts detention in police station is maximum 24 hours ( 12 hours for juveniles) Person under the influence of alcohol has the same rights like other detainees We dont have special places for detention of intoxicated people and police use regular detention places in the police stations Pursuant to the Rulebook on the Manner of Performance of Police duties and the Standard Operating Procedures for Detention and Treatment of Detainees the head of shift (police officer for admission) is responsible for admission of persons giving advice on realization of hisher rights including continuous monitoring during the detention for the purpose of ensuring the detained personsrsquo safety in the police station So people who are detained in Police station have right for food and water right to an attorney and informing the family right to medical assistance The shift manager is obligated to assess the health status of detained persons upon admission and record the same in the detention report The shift manager records any visible injuries visible signs of illness influence of alcohol or psychotropic substances thereby assessing whether medical attention is required In case of serious injuries or if the detainee complains for pain or injuries the right to medical assistance is of priority and it is undertaken before any other activity For most of the police stations it was concluded that in cases when there is higher blood alcohol content among the detainees a doctor was not called by the shift manager and in that line the NPM gave a recommendation that a doctor should be called no matter whether the person asks for medical assistance This should be made in order to act in line with the temporary protection of the health of the person deprived of liberty
22
In our report for 2012 we have thematic part about People detained in police stations ndash alcohol abusers Here is our opinion The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed In four of the folders for detainees in PS ____ it was assessed that the people were drunk in the limits of 1 50 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officers Regarding your questions in my country we dont have special places for drunk people and they are placed in police station in period of 8 hours without possibility to leave before they sober up and permission by head of shift If they have visible injuries or ask for medical help its called doctor but we suggested hat the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of libertyrsquo
- Response from the NPM of Georgia
lsquoSince the Soviet period Georgia had no special institution for drunken individuals According to the Georgian legislation being under the influence of alcohol per se doesnrsquot constitute an infraction Although last year in one region Akhalkalaki the Georgian NPM revealed a vicious practice ndash drunken individuals were detained by the police and held in a police station without being registered in any special registry until next morning The fact has been mentioned in the Public Defenderrsquos Report for 2012 and the abolition of this kind of practice has been recommended to the Minister of Internal Affairs In general if a detained person has any kind of medical concern an officer in charge calls the emergency service the detainee could even be transferred to hospital for example in case of acute alcoholic intoxicationrsquo
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo
81 Introduction
The Luxembourg NPM contacted the European NPM Network regarding vulnerable groups in prison as it is about to prepare a mission on its national prisons specially focused on the respect of the rights and the treatment of particularly vulnerable categories of prisoners and wanted to draw upon other comparative NPM experiences The NPM was in particular focused on the following categories vulnerable groups middot lsquoPrisoners living in detention without interruption for more than 10 years middot Prisoners recently condemned to a sentence of 15 years minimum middot Prisoners recently condemned to a very short sentence (9 months maximum) middot Older prisoners minimum age of 55 years
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
22
In our report for 2012 we have thematic part about People detained in police stations ndash alcohol abusers Here is our opinion The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed In four of the folders for detainees in PS ____ it was assessed that the people were drunk in the limits of 1 50 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officers Regarding your questions in my country we dont have special places for drunk people and they are placed in police station in period of 8 hours without possibility to leave before they sober up and permission by head of shift If they have visible injuries or ask for medical help its called doctor but we suggested hat the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of libertyrsquo
- Response from the NPM of Georgia
lsquoSince the Soviet period Georgia had no special institution for drunken individuals According to the Georgian legislation being under the influence of alcohol per se doesnrsquot constitute an infraction Although last year in one region Akhalkalaki the Georgian NPM revealed a vicious practice ndash drunken individuals were detained by the police and held in a police station without being registered in any special registry until next morning The fact has been mentioned in the Public Defenderrsquos Report for 2012 and the abolition of this kind of practice has been recommended to the Minister of Internal Affairs In general if a detained person has any kind of medical concern an officer in charge calls the emergency service the detainee could even be transferred to hospital for example in case of acute alcoholic intoxicationrsquo
8 NPM Discussion topic No 2 ldquothe treatment of particularly vulnerable categories of prisonersrdquo
81 Introduction
The Luxembourg NPM contacted the European NPM Network regarding vulnerable groups in prison as it is about to prepare a mission on its national prisons specially focused on the respect of the rights and the treatment of particularly vulnerable categories of prisoners and wanted to draw upon other comparative NPM experiences The NPM was in particular focused on the following categories vulnerable groups middot lsquoPrisoners living in detention without interruption for more than 10 years middot Prisoners recently condemned to a sentence of 15 years minimum middot Prisoners recently condemned to a very short sentence (9 months maximum) middot Older prisoners minimum age of 55 years
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
23
middot Prisoners suffering from major chronic pathologies requiring a regular or permanent medical monitoring middot Prisoners suffering from addictions middot Foreign prisoners unable to express themselves in one of the three official languages in use middot Lesbian gay transgender or bisexual prisoners And eventually middot Prisoners condemned for rape or pedophiliahebephilia or other sexual offensesrsquo The NPM asked the European NPM Network to share their experiences in this area
82 Overview of NPM responses
Response from the NPM of ldquothe former Yugoslav Republic of Macedoniardquo lsquoMARGINALIZED AND VULNERABLE CATEGORIES OF PEOPLE IN THE PLACES OF DEPRIVATION OF FREEDOM Roma deprived of liberty Especially vulnerable is the situation and the conditions of the Roma people in the places of deprivation of liberty During the visit of the closed unit in the prison Skopje the NPM at their request had interviews with four people representatives of the Roma ethnic community accommodated in the same room During the conversation the NPM received serious complaints for physical ill-treatment Moreover according to their statements the other convicted people in the closed unit forced them to work Namely these people underlined that they perform the regular work for all the convicted people accommodated in this unit The NPM believes that this situation no matter whether voluntary or not cannot be allowed and is contrary to the schedules prepared by the re-socialization center Regarding the physical ill-treatment there was an evident fear among these people while they were talking privately to the representatives of the NPM and the constantly repeated that they fear revenge because they decided to talk about this problem One of the persons complained that the day before the visit he was beaten and maltreated by the other convicted people (accommodated in the other room of the closed unit) Another person although accommodated in the closed unit several days ago complained that they were beaten and hit by other convicted people and had scratches on the back While the interview was ongoing several people tried to enter the room and to check whether the former ones are complaining for violence This led the NPM to suspicion about future violence The NPM believes that this happens to them because of their ethnicity ie because they are representatives of the Roma community In line with the preventive activities the NPM immediately called the competent official in order to discuss the problem and to find an appropriate solution Furthermore the NPM discussed about finding an appropriate solution Also the NPM talked about this problem with two of the instructors (responsible for the closed and admission unit) One of the instructors confirmed that they found out about this situation on the same day when the convicted persons complained to the NPM and had already prepared an official note for the security service and request for transfer of the convicted people from the closed unit to another part of the prison The NPM requested all the prison services to work in coordination in order to timely remove the cases of ethnical religious or other type of discrimination of a certain population in the prison and in line with prevention of the possible risks of torture or other cruel inhuman or degrading behavior The lack of preventive or reactive measures in the cases of violence between the convicted people from the prison services (passive prevention andor lack of efficiency in protection) can reach the degree of violation of the right to protection of torture and other inhuman or degrading behavior which is protected in Article 3 of the European Convention on Human Rights The NPM recommended the management of the prison Skopje to establish a physical presence and surveillance of the security sector for 24 hours in order to decrease the possible risks of violence among the convicted people However this recommendation was only partially accepted by the management of the prison and they explained that there is a physical presence of a representative of the security sector in the period of 2200 ndash 0800 hours whereas in the other part of the day the surveillance and control are performed over the regular everyday activities During the visit of the prison Strumica the NPM had a conversation with a group of convicted people from the Roma ethnic community who complained to ill-treatment as well as degrading from concrete people employed in the security service In that line the NPM informed the management of
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
24
the prison that there are complaints on physical ill-treatment from concrete employed people in the security service and the management informed that there has been already a disciplinary procedure against one of the officials due to allegations on physical ill-treatment whereas that for the other official there have never been any complaints The principle informed the NPM teat that whenever they receive this type of information they initiate investigation and procedure but there is solidarity between the officials who usually perform this kind of physical ill-treatment out of the reach of the video cameras installed in the prison The NPM refers to the recommendations of the Committeersquos recommendations that they security sector is obliged to take care of the people and this includes the liability to protect them from other convicted people who want to harm them This problem requires that the prison staff should be on a level to perform its work and the tasks of supervision in an appropriate manner The prison staff needs to react on the signs of trouble and to be appropriately trained in order to intervene when necessary The NPM assessed as especially vulnerable the situation with the Roma people accommodated in the school unit in PCI Idrizovo The school unit is intended for convicted people who have not completed the primary and secondary education and a unit where they should complete the educational process In praxis this unit mostly accommodated the convicted representative of the Roma community During the conversations with the people in the school unit it was pointed out that the relation of the employees in the security sector was deemed as incorrect In certain situations the former stated that they have been insulted by the employees in the security sector on ethnic base and because most of the people accommodated in this unit are users of social aid The team of the NPM was a direct witness of incorrect behavior of one of the officials of the security sector The people consume the meals in the rooms where they sleep The school unit does not have a separate living room and the people spend most of the day in their bedrooms or the shared hall Only one of 72 people who serve prison in the school unit had working engagement These people spend most of the day in their rooms and the shared hall within the unit The NPM marks the accommodation and the condition of the Roma people in the school unit of PCI Idrizovo as degrading bearing in mind that in the rooms and the hall where the people spend most of the day (22 hours) there is extreme lack of hygiene There is overcrowding and the basic minimal standards for accommodations of people deprived of liberty are not fulfilled The people deprived of liberty believe that the behavior of the employees in the security sector is incorrect due to their ethnicity Convicted people ndash narcotics abusers During the visit of the penitentiary-correctional institutions the NPM concluded that most of them use the methadone therapy for the narcotics abusers but none of the institutions undertakes other measures or implement programs in line of decrease of the damages Especially critical is the situation of the accommodation of the abusers of narcotics who serve prison in PCI Idrizovo ndash Skopje in the special methadone center with a professional team that is responsible for treatment and administration of therapy to 128 users of methadone therapy The methadone users have special charts and the people sign agreement in which they express consent for inclusion in the therapy and are obliged to have everyday control of the urine The NPM concluded that these people are being segregated from the remaining inmates because most of them are accommodated in the prison hospital Although the hospital is foreseen for hospitalization of the inmates the NPM assessed that most of the inmates there are those who use methadone therapy Appropriately the people accommodated there are not ill people who require medical care on the contrary they are separated and accommodated in a separate building because of their condition ndash narcotics abusers In that way there is a direct discrimination of this category of inmates and their segregation They are in very unbeneficial position and they are accommodated in very bad conditions and separated from the other inmates only because of their health condition ndash users of methadone therapy The NPM was concerned that the users of methadone therapy receive their medical treatment in very inappropriate conditions separated from the other inmates and accommodated in worse conditions compared to the other accommodating capacities Pursuant to the recommendation no R (98)73 of the Committee of Ministers of the Council of Europe to the member-states regarding the ethical and
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
25
organizational aspects of the health care in the prison ldquoThe care of prisoners with alcohol and drug-related problems needs to be developed further taking into account in particular the services offered for drug addicts as recommended by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) Therefore it is necessary to offer sufficient training to medical and prison personnel and to improve co-operation with external counselling services in order to ensure continuing followup therapy on discharge to the communityrdquo Convicted people with mental disorders The condition of the convicted people (inmates) who suffer mental disorders is especially worrying in PCI Idrizovo Skopje The NPM with the external collaborator ndash psychiatrist during their interviews with convicted people concluded that in PCI Idrizovo there are people with psychological difficulties who have problems with paranoid thinking Part of them has partial incompetence and one of the people has been assessed with psychological problems since 2008 For one of the persons who had suicidal intentions there was a clear notation of their disorder the psychological findings and the measures which were undertaken in the medical chart This person was issued with solitary confinement because of self-inflicted injuries and the doctor confirmed that the person can be placed in solitary The NPM is concerned about the issuance of the measure of solitary confinement to a person that has dissocial disorder and a person that inflicts self-injuries Although the chart shows that the person was daily checked by a doctor while in solitary the NPM believes that the suicidal intentions should not be punished with a solitary but these people should be under reinforced surveillance and psychiatric care The people with mental diseases are accommodated in several units in PCI Idrizovo in Skopje The NPM reminded the management of the institution and the Office for execution of sanctions of the European Prison Rules rdquoSpecialised prisons or sections under medical control shall be available for the observation and treatment of prisoners suffering from mental disorder or abnormality and special attention will be paid on prevention of suicidesrdquo At the same time the Recommendation R(98) 73 of the Committee of Ministers to the member states regarding the ethical and organizational aspect of the health care in the prison should be taken into consideration ldquoIn cases of convicted sex offenders a psychiatric and psychological examination should be offered as well as appropriate treatment during their stay and after Prisoners suffering from serious mental disturbance should be kept and cared for in a hospital facility which is adequately equipped and possesses appropriately trained staff The decision to admit an inmate to a public hospital should be made by a psychiatrist subject to authorization by the competent authoritiesrdquo The NPM unfortunately concluded that due to the inexistence of appropriate material and technical preconditions Article 128 of the Law on execution of the sanctions is not being implemented as well as Article 31 of the Law on mental health ie when the inmates during their sentence will show signs of mental disease or mental disorder confirmed by a psychiatrist the competent authorities for execution of the sanctions does not send them to an appropriate health institution for further care These people besides the remarks in the international documents and the existing internal legal framework the serve prison in the regular units of PCI Idrizovo Skopje and some of the are temporarily placed in the arrest unit located in the Clinic center in Skopje Convicted people with disability Especially concerning was the situation in PCI Idrizovo where the people with disability are accommodated in extremely inhuman and degrading conditions They are accommodated in worse conditions compared to the other inmates The NPM believes that this situation can be a base for their discrimination due to inexistence of a factual unequal behavior leading to exposing these people in unjust degrading and inhuman behavior compared to other people in similar situation The NPM was extremely concerned about the inappropriate relations of the services (security services the instructor and the health service who are responsible for the open unit) who allowed a person with disability and amputated leg to be accommodated in a shared room in the unit without any preconditions for accommodation and living in prison conditions During the visit of the admission unit the NPM encountered a female inmate who has leg prosthesis and has a very limited individual movement thus depends on the help of the remaining inmates The NPM believes that this person does not have the necessary conditions for accommodation and live in PCI Idrizovo ndash Skopje This behavior and the lack of appropriate preventive measures is assessed by the NPM as degrading and inhuman and contrary to the liabilities stipulated in several international acts the European Convention on Human Rights and especially the Convention of the rights of people with disability ldquoStates Parties shall ensure that if persons with disabilities are deprived of their liberty
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
26
through any process they are on an equal basis with others entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention including by provision of reasonable accommodation During the accommodation of the convicted people with disability the NPM asks for obedience of the right to ldquoreasonable adjustmentrdquo and this means necessary and appropriate modification and adjustment without causing inappropriate burden if necessary to provide the people with disabilities the same human rights and essential liberties on equal ground with the others People detained in police stations ndash alcohol abusers The NPM concluded that in the cases when the detained people in the police stations show higher levels of alcohol in their blood in some of the situations a doctor was not called by the head of the shift or another competent official although in the detention minutes it was stated that the people showed visible signs of drunkenness In one case the detainee showed signs of visible drunkenness (high percentage of alcohol in the blood of 305) however the official who signed the minutes made an assessment that a doctor was not needed (PS Kavadarci) In four of the folders for detainees in PS Delchevo it was assessed that the people were drunk in the limits of 150 to 330 however in none of these cases doctor was called by the head of shift although the detention minutes clearly showed that these people were drunk In certain police stations in cases of detention of people with visible injuries or high degree of alcohol doctor is called for prevention and they should assess the health condition of the detainee (example PS Struga PS Gjorche Petrov and others) In one case of a detainee that had 176 alcohol a doctor was called and minutes were made for the right to doctor and the registry for called brought or detained people stated that the person fulfilled their right to medical care (PS Kratovo) In another case the NPM assessed that the person showed need of doctor due to existence of visible injuries and condition of drunkenness so ambulance was called This can be seen in the note that has the sign and seal of the doctor (PS Gevgelija) The NPM believes that the police station must call a doctor when there is a high level of alcohol in the blood of the detainee no matter whether this person requires medical health in order to act preventively for timely protection of the health of the person deprived of liberty If the drunken person will not use the right to a doctor this should be appropriately noted by the medical team and the police officersrsquo
83 APT Response
lsquoThe Association for the Prevention of Torture (APT) is working together with Penal Reform International (PRI) on a project providing thematic analysis and practical fact sheets on sensitive issues to monitoring bodies Please note that one of the topics identified relates to LGBTI detainees The paper will be launched towards the end of the month and the APT will make sure to circulate it once published Among the papers already published in the framework of this joint project kindly note that one is about ldquowomen in detentionrdquo (httpwwwaptchenresourceswomen-in-detentioncat=17) and the other one is on rdquoInstitutional culture in detention a framework for preventive monitoringrdquo (httpwwwaptchenresourcesinstitutional-culture-in-detentioncat=17)rsquo
