25th GENERAL REPORT OF THE CPT 25 th GENERAL REPORT OF THE CPT

European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or

1 January - 31 December 2015 French edition: 25e rapport général du Comité européen pour la prévention de la torture et des peines ou traitements inhumains ou dégradants (CPT)

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CPT/Inf (2016) 10

© Council of Europe, April 2016 Printed at the Council of Europe Contents

ACTIVITIES DURING THE PERIOD 1 JANUARY TO 31 DECEMBER 2015 5 Visits 5 Public statements 7 High-level talks with national authorities 8 Plenary meetings and activities of subgroups 9 Contacts with other bodies 10 Conference “The CPT at 25: taking stock and moving forward” 12 PUBLICATION HIGHLIGHTS 15 Introduction 15 Selected publications 16 SITUATION OF LIFE-SENTENCED 33 LIVING SPACE PER IN ESTABLISHMENTS 43 ORGANISATIONAL MATTERS 47 CPT membership 47 Bureau of the CPT 48 Secretariat of the CPT 48 APPENDICES 51 1. The CPT’s mandate and modus operandi 51 2. Signatures and ratifications of the Convention establishing the CPT 52 3. The CPT’s field of operations 53 4. CPT members 55 5. CPT Secretariat 56 6. Publication of CPT visit reports 58 7. Countries and places of visited by CPT delegations; January - December 2015 60 8. Public statement concerning Bulgaria 70 The CPT organised 17 visits totalling 160 days during the year 2015 Activities during the period 1 January to 31 December 2015

Visits the provision of health care, as well as to specific categories, for instance, life-sen- 1. The CPT organised 17 visits totalling tenced prisoners (Republic of Moldova), 160 days during the year 2015. Ten of the prisoners held in high-security units visits (totalling 108 days) formed part of (Bosnia and Herzegovina, Switzerland) the CPT’s annual programme of peri­ and inmates held in solitary confine- odic visits for 2015 and seven (52 days) ment in for prolonged periods were ad hoc visits which the Committee (Germany). For the first time, the CPT considered were required in the circum­ assessed the conditions of “radicalised” stances. Details of all these visits (dates prisoners (France). and places of deprivation of liberty visited) are provided in Appendix 7. Visiting delegations also continued to pay attention to the treatment and con- Periodic visits ditions of juveniles (notably in Bosnia and Herzegovina, Malta, Luxembourg, 2. Periodic visits were carried out the Republic of Moldova, Serbia and to Armenia, Bosnia and Herzegovina, Switzerland) and foreign nation- France, Germany, Luxembourg, Malta, als detained under aliens legislation the Republic of Moldova, Serbia, Sweden (Luxembourg, Malta). and Switzerland. Moreover, in most of the countries vis- The main objective of the visits was to ited (Armenia, Bosnia and Herzegovina, review the measures taken by the rel- France, Germany, Malta, Republic of evant authorities to implement recom- Moldova, Serbia and Switzerland), del- mendations made by the Committee egations visited civil and/or forensic after previous visits to the country. To psychiatric establishments in order to this end, the CPT examined the treat- examine the treatment and legal safe- ment and conditions of detention of per- guards offered to patients admitted on sons held in police establishments and an involuntary basis. In the Republic of prisons. Particular attention was paid to Moldova and Serbia, visits were also car- specific issues such as overcrowding and ried out to social care homes.

► Page 5 3. In line with standard practice, Prevention of Torture or Inhuman and the CPT announced its programme of Degrading Treatment or Punishment periodic visits for the following year. [hereinafter: “the Convention”] (for fur- In the course of 2016, the Committee ther details, see paragraph 12), the dele- intends to examine the treatment of gation examined the implementation persons deprived of their liberty in the of the CPT’s long-standing recommen- following ten countries: Azerbaijan, dations concerning the ill-treatment of Italy, Latvia, Liechtenstein, Lithuania, prisoners by staff, inter-prisoner vio- the , Portugal, the Russian lence, , ma­terial Federation, Spain and the United conditions of detention and prison Kingdom. health-care staffing levels, as well as discipline, segregation and contact with Ad hoc visits the outside world. The visit was also the occasion to review the treatment and 4. In the course of 2015, the CPT car- detention conditions of persons held ried out ad hoc visits to Azerbaijan, at Sofia, Burgas and Varna Prisons, as Bulgaria, Greece, Hungary, Kosovo1 well as at Sofia Investigation Detention and Turkey. In addition, it monitored a Facility. re­moval operation by air (return flight) 7. The purpose of the visit to Greece from Italy to Lagos (Nigeria). in April was to examine the progress 5. During the ad hoc visit to Azerbaijan made in implementing the recommen- in June, the CPT’s delegation reviewed dations contained in the report on the the situation of sentenced prisoners. CPT’s visit of April 2013. To this end, the To this end, it visited Penitentiary treatment of persons deprived of their Establishments Nos. 6 and 14, as well liberty by the police and the practical as the Correctional Establishment for application of the safeguards surround­ Juveniles in Baku. ing their detention were examined. Another specific focus of the visit was 6. The objective of the ad hoc visit to look into the effectiveness of inves- to Bulgaria in February was two-fold. tigations concerning allegations of ill- Firstly, the delegation wished to gauge treatment by law enforcement officials. the commitment of the Bulgarian In addition, the delegation examined authori­ties to implement recommen- the treatment and conditions of deten- dations made by the CPT, some of them tion of inmates in several prison estab­ dating back to the Committee’s first visit lishments, including Korydallos Prison carried out in 1995, as regards the ill- Hospital. It also reviewed the situation of treatment of persons in police custody foreign nationals, notably unaccompa- and the legal safeguards in this respect. nied minors, held in immigration deten- Secondly, in the context of an ongoing tion facilities and police stations. procedure under Article 10, paragraph 2, of the European Convention on the 8. In the context of the mass arri- val of irregular migrants, the CPT car- 1. All reference to Kosovo, whether to the ter- ried out an ad hoc visit to Hungary ritory, institutions or population, in this text in October, in order to examine the shall be understood in full compliance with treatment and conditions of detention United Nations Security Council Resolution 1244 and without prejudice to the status of of foreign nationals deprived of their Kosovo. liberty under aliens legislation or the

General Report of the CPT, 2015 ► Page 6 recently amended criminal legislation purpose, the CPT’s delegation visited according to which, inter alia, crossing seven removal centres in different parts the border fence or damaging it consti- of the country, as well as the holding tutes a criminal offence. Attention was facility in the transit zone of Istanbul also paid to the legal safeguards offered Atatürk Airport. The visit took place at to the detainees concerned. To this end, a very challenging time for Turkey when the delegation visited several detention the country was facing an ever-increa- centres for foreigners, police detention sing influx of foreign nationals (mainly facilities and a prison. In addition, the from Syria, Afghanistan, Iraq and Iran). delegation visited two so-called “transit 11. Finally, for the third time, the CPT zones” located at the border with Serbia. monitored a removal operation by air. 9. In April, the CPT carried out its In the context of an ad hoc visit to Italy third visit to Kosovo2, on the basis of in December, the delegation exami- an agreement signed in 2004 between ned the treatment of foreign nation­ the Council of Europe and the United als during a return flight from Rome Nations Interim Administration Mission to Lagos (Nigeria). The flight was part in Kosovo (UNMIK). The purpose of the of a Joint Return Operation which was visit was to review the measures taken co-ordinated and co-financed by the by the relevant authorities following European Agency for the Management the recommendations made by the of Operational Cooperation at the Committee after its previous visit (in External Borders of the Member States 2010). In this connection, particular of the European Union (Frontex). The attention was paid to the treatment foreign nationals concerned had been and conditions of detention of persons deported from Italy (“Organising in police custody and the situation in Member State”) as well as from Belgium penitentiary establishments (inclu- and Switzerland (“Participating Member ding the regime for juvenile offenders, States”). remand prisoners and inmates held in a new high-security prison and the provi- Public statements sion of health care). The delegation also examined the treatment and legal safe- 12. On 26 March 2015, the Committee guards offered to forensic psychiatric issued a public statement concerning patients. Bulgaria under Article 10, paragraph 2, 3 10. The purpose of the June ad hoc visit of the Convention; the text of the to Turkey was to examine the treatment statement is reproduced in Appendix 8. and conditions of detention of foreign Since 1995, the CPT has carried out ten nationals detained under aliens legisla- visits to Bulgaria, during which major tion and to assess the implementation shortcomings have been identified, of the ongoing legislative and infra­ structural reforms in this area. For this 3. “If the Party fails to co-operate or refuses to improve the situation in the light of 2. All reference to Kosovo, whether to the ter- the Committee’s recommendations, the ritory, institutions or population, in this text Committee may decide, after the Party shall be understood in full compliance with has had an opportunity to make known United Nations Security Council Resolution its views, by a majority of two-thirds of its 1244 and without prejudice to the status of members to make a public statement on Kosovo. the matter”.

Activities during the period 1 January to 31 December 2015 ► Page 7 especially as concerns the police the national authorities, at both the out- and penitentiary establishments. set and the end of the visit. The end-of- Regrettably, the vast majority of these visit talks usually involve the participa- recommendations have remained tion of Ministers and are the occasion for unimplemented, or only partially the delegation to present its preliminary implemented. In the course of the vis- observations. its carried out in 2010, 2012 and 2014, 14. The CPT has also continued to seek the CPT’s delegations witnessed a to intensify its ongoing dialogue with lack of decisive action by the authori- certain states by means of high-level ties leading to a steady deterioration talks outside the framework of a given of the situation of persons deprived visit. Such talks took place on five occa- of their liberty. Subsequently, the CPT sions during 2015. decided to set in motion the procedure set out in Article 10, paragraph 2, of the 15. On 27 January, the President of the Convention. CPT held consultations in Kyiv (Ukraine) with the Minister of Justice, Mr Pavlo From the findings made in the course Petrenko, in order to discuss issues of of the February 2015 ad hoc visit to major concern related to the findings Bulgaria (see paragraph 6), the CPT of the CPT’s most recent visits to the could not but conclude that little or country (in particular the allegations no progress had been achieved in the received of severe ill-treatment and/or implementation of key recommenda- torture of prisoners by prison officers in tions repeatedly made by the CPT. As a certain colonies). During the talks, the result, the Committee decided to resort Minister provided updated information to the exceptional measure of making a on the action already taken by the rele- public statement.4 vant Ukrainian authorities to combat the The Committee’s aim in making this pub- phenomena of ill-treatment and intimi- lic statement was to motivate and assist dation in colonies. He also indicated that the Bulgarian authorities, and in particular he and his Ministry were determined to the Ministries of the Interior and Justice, to vigorously pursue those actions in close take decisive action in line with the fun- co-operation with the CPT. damental values to which Bulgaria, as a 16. On 30 and 31 March, the President member state of the Council of Europe of CPT held high-level talks in Skopje and the European Union, has subscribed. with national authorities of “the for- In the statement, the Committee stresses mer Yugoslav Republic of Macedonia”. its commitment to continuing its dialogue The purpose of the talks was to pre­ with the Bulgarian authorities (see also sent the findings and recommenda- paragraphs 17 and 24). tions contained in the CPT’s report on the October 2014 periodic visit to the High-level talks with country. The President met the Minister national authorities of Justice, Adnan Jashari, the Director of the Directorate for the Execution of 13. It is standard practice for CPT Sanctions, Lidija Gavrilovska, and other visiting delegations to hold talks with officials to discuss the situation in the prisons. In particular, the treatment of prisoners and the conditions of deten- 4. This is the seventh time the CPT has made a public statement since it was set up in 1989. tion at Idrizovo and Skopje Prisons were

General Report of the CPT, 2015 ► Page 8 discussed, as well as the implementa- the Director General of Correctional tion of the forthcoming national stra- Policy and other senior Ministry and tegy on development of the peniten- prison officials, at the invitation of the tiary system. Further, talks were held Ministry of Justice, Transparency and with the Deputy Minister of Health, Human Rights. A senior adviser to the Jovica Andovski, on the treatment of Minister of Health also attended the patients in psychiatric institutions and meeting. The three themes discussed the transfer of the responsibility for related to areas where the CPT had prison health care to this ministry. The made recommendations for action in situation of irregular migrants, notably its most recent visit reports, notably those detained at the Reception prison health care and the operation of Centre for Foreigners, was discussed Korydallos Prison Hospital, prison staff with officials from the Border Affairs training, and the complaints systems in and Migration Sector of the Ministry prisons. The importance of developing of the Interior. Moreover, the state of a strategic plan for the recovery of the co-operation between the CPT and prisons into which the other elements the nation­al authorities was the focus could be inserted was also stressed. This of discussions with the State Secretary activity represented a more hands-on of Foreign Affairs, Elena Kuzmanovska. connection between the monitoring work of the CPT and the development 17. The President of the CPT met the of possible Council of Europe prison- Minister of Justice and the Deputy related co-operation programmes to Minister of the Interior of Bulgaria in address the areas identified by the CPT Sofia on 26 November to discuss follow- as requiring improvement. The CPT up to the public statement issued earlier considers it important to be proactive in in the year (see paragraph 12), including facilitating support for member states’ the “Action Plan for the execution of the efforts to implement its recommenda- recommendations of the Committee tions and, where appropriate, to draw for the Prevention of Torture and the on the Council of Europe’s expertise in final judgments of the European Court providing support for prison reform. of Human Rights in the cases of Velikova group, Neshkov and Others, Harakchiev and Tolumov, Kehayov group”. Plenary meetings and activities of subgroups 18. Several high-level talks with national authorities were held in order to discuss 20. The CPT held three one-week issues related to recent country visits, plenary meetings (in March, June/July in particular, with Koen Geens, Minister and November), in the course of which of Justice of Belgium, on 2 March in a total of 17 visit reports were adopted. Strasbourg (in the margins of the CPT’s 21. During the June/July plenary meet­ 25th anniversary conference), as well as ing, the CPT held an exchange of views with Maxim Travnikov and Alu Alkhanov, with representatives of the Co-operation Deputy Ministers of Justice of the Russian Group to Combat Drug Abuse and Illicit Federation, on 24 April in Moscow. Trafficking in Drugs (Pompidou Group) 19. On 27 October, a Council of Europe of the Council of Europe. Various issues delegation led by the CPT’s Secretariat relevant to the CPT’s work were dis- held discussions in Athens (Greece) with cussed, such as drug treatment and HIV the Secretary General for Policy, prevention in prisons.

Activities during the period 1 January to 31 December 2015 ► Page 9 22. The two standing subgroups of Health and Sustainable Development the CPT, the Medical Group and the on “Putting an end to coerced sterilisa- Jurisprudence Group, continued to tions and castrations”, and one in Sofia meet on the Sunday before each ple- on 27 November with the Standing nary meeting. The Medical Group exa- Committee on issues of common inter- mines substantive issues of a medical est. Furthermore, an exhibition display- nature related to the CPT’s mandate ing photographs of the CPT’s work in and organises training sessions on the the field was held during the autumn specific tasks that medical members session of the Parliamentary Assembly of visiting delegations are required to (28 September to 2 October). perform. The task of the Jurisprudence Reference has already been made to Group is to advise the CPT on innova- the CPT’s exchange of views with rep- tions and possible inconsistencies in the resentatives of the Pompidou Group Committee’s standards as reflected in during the plenary meeting in June/ visit reports and to identify areas where July. Further, as in previous years, reg- there is room for development of those ular contacts were maintained with the standards. Council of Europe Commissioner for 23. Ad hoc working groups can also be Human Rights and staff of his Office on established to examine specific topics. matters of common interest. For instance, one such working group Representatives of the CPT took part in a analysed issues related to the moni­toring number of Council of Europe activities, in of the deportation of foreign nationals particular the meetings of the Working by air (return flights), and a delegation Group of the Council for Penological of the CPT took part in a return flight in Co-operation (PC-CP) in April and December (see paragraph 11). September; the second and third meet- ings of the Council of Europe Drafting Contacts with other bodies Committee on prison overcrowding, held in March and October respec- 24. The CPT continued to promote tively; a meeting of the Committee of contact with other bodies within the Experts on the operation of European Council of Europe. For instance, on Conventions on co-operation in criminal 23 November, the CPT’s President matters (PC-OC) in November to discuss attended an informal meeting of the assurances required as regards prison Presidents of monitoring bodies, organ­ standards in extradition procedures ised by the Secretary General, with the with non-European states in particular; aim of ensuring a better co-ordination the 20th Council of Europe Conference of the activities of the different moni­ of Directors of Prison and Probation toring mechanisms operating within the Services on radicalisation and other Council of Europe. strategic challenges, held in Bucharest Further, co-operation was reinforced on 9 and 10 June; and a Round Table with the Parliamentary Assembly, in on the implementation of the CPT’s the form of three exchanges of views; recommendations and the pilot judg- one in Paris on 18 March with the ment Neshkov and Others v. Bulgaria Assembly’s Committee on Legal Affairs in Sofia, on 9 and 10 July, organised and Human Rights, one in Strasbourg by the Department for the Execution with the Committee on Social Affairs, of Judgments of the European Court

General Report of the CPT, 2015 ► Page 10 of Human Rights, together with the Commission on Crime Prevention and Government Agent Office of Bulgaria. Criminal Justice of the United Nations Office on Drugs and Crime – UNODC). 25. Co-operation with bodies outside the Council of Europe was also pursued. From 28 to 30 January, a member of the During a number of periodic and/or ad CPT attended the World Congress on hoc visits, CPT delegations met repre- Juvenile Justice in Geneva (organised sentatives of the field missions of the by the Swiss Federal Department of United Nations High Commissioner for Foreign Affairs, the Swiss Federal Office Refugees (UNHCR), the Organization of Justice and the Terre des Hommes for Security and Co-operation in Foundation). Europe (OSCE), the European Union Further, the CPT had regular consulta- and the International Committee of tions and contacts with the European the Red Cross (ICRC). Regular contact Union Agency for Fundamental Rights with the UNHCR office in Strasbourg (FRA) in Vienna and the European was maintained and, as part of sustain­ Agency for the Management of ing the ongoing dialogue with the Operational Cooperation at the External ICRC, detailed discussions were held in Borders of the Member States of the Geneva in May between the Executive European Union (Frontex) in Warsaw. Secretary and the Heads of Divisions of Moreover, a member of the CPT took the CPT’s Secretariat and senior ICRC part in the meeting organised by the officials. European Commission on “The chal- The CPT continued to have regular con- lenges of health protection in prisons sultations and contacts with the United – how the EU can assist in improv- Nations Subcommittee on Prevention ing the health situation of the prison of Torture (SPT) as well as with the population in Europe” in Luxembourg National Preventive Mechanisms (NPMs) on 7 May. Representatives of the CPT set up under the Optional Protocol to also attended two workshops organ- the United Nations Convention against ised by the Technical Assistance and Torture (OPCAT). During many periodic Information Exchange instrument of and/or ad hoc visits, representatives of the European Commission (TAEIX) NPMs were met by CPT delegations. in Podgorica: the first on prevention In addition, representatives of the of torture and ill-treatment, on 7 and Committee attended various events 8 September and the second on medi- organised by NPMs, for instance the cal examination of prisoners in cases of Seminar on Torture Prevention organ- ill-treatment on 10 and 11 December. ised by the Swedish NPM in Stockholm Reference should also be made to on 1 October and the Conference on the CPT’s participation in a number of strengthening the follow-up of NPM events organised by non-governmental Recommendations in the EU, held in organisations, such as the International Vienna on 29 April. Conference on forced return organ- From 2 to 5 March, a representative of ised by the Latvian Centre for Human the CPT attended the 4th meeting of Rights, held in Riga on 26 and 27 May, the Open-ended Intergovernmental and the 2nd Jean-Jacques Gautier NPM Expert Group on the Standard Minimum Symposium on Lesbian, Gay, Bisexual, Rules for the Treatment of Prisoners in Transgender and Intersex (LGBTI) per- Town (under the auspices of the sons deprived of their liberty, organised

Activities during the period 1 January to 31 December 2015 ► Page 11 by the Association for the Prevention of as lawyers, police and prison specialists Torture (APT) on 3 June in Geneva. and doctors) and academics, as well as representatives from national and On 3 June, a representative of the CPT participated in a workshop in Kyiv on international monitoring bodies, civil life (organised by the society and government officials from Directorate General of Human Rights many Council of Europe member states. and Rule of Law of the Council of Europe Opening statements were made by Koen together with the State Penitentiary Geens (Minister of Justice of Belgium, Service of Ukraine and the Kharkiv representing the Chairmanship of the Human Rights Group). Committee of Ministers of the Council Finally, within the framework of the of Europe), Gabriella Battaini-Dragoni programme “Strengthening democratic (Deputy Secretary General of the Council reform in the southern Neighbourhood”, of Europe), Anne Brasseur (President a member of the CPT attended a sem- of the Parliamentary Assembly) and inar on 1 December in Rabat aimed Josep Casadevall (Vice-President of the at presenting the key Human Rights European Court of Human Rights). The Conventions of the Council of Europe keynote speech was given by Jean-Marie (organised jointly by the Council of Delarue (former Controller General of Europe and the Inter-Ministerial Human Places of Deprivation of Liberty, France). Rights Delegation of Morocco). Five panels addressed the issues of ill-treatment and combating impunity Conference “The CPT in police and prison contexts, the pro- at 25: taking stock and vision of health care in prisons, juveniles moving forward” in detention, , and standards on psychiatry. 26. On 2 March 2015, the CPT organ- ised a conference in Strasbourg to mark The speeches and concluding remarks its 25th anniversary. The conference have been published on the CPT’s brought together more than 200 website (http://www.cpt.coe.int/en/ professionals working in the field (such conferences/cpt25.htm).

General Report of the CPT, 2015 ► Page 12

Authorising publication of documents related to visits can be seen as an important means of co-operating with the Committee Publication highlights

Introduction co-operation with the authorities and informed dialogue with all other rele- 27. Eighteen CPT visit reports were vant interlocutors. Obviously, the publi- published in 2015, confirming once again cation of the CPT’s reports would greatly the well-established trend of states deci- facilitate this process. ding to lift the of confidentiality and place the Committee’s findings in the 29. In December 2015, the Bulgarian public domain. As of 31 December 2015, authorities informed the CPT of their 336 of the 383 reports drawn up so far decision to authorise in advance the have been published. A state-by-state publication of all future CPT visit reports table showing the current situation as and related government responses, regards publication of CPT visit reports unless they decide in a given case to is set out in Appendix 6. postpone publication for a period of up to six months. During the same month, 28. The CPT hopes that the clear a similar decision to introduce an auto­ message given by the Committee of matic publication procedure of CPT Ministers in February 2002, encoura- reports and government responses was ging “all Parties to the Convention to taken by the Luxembourg authorities. authorise publication, at the earliest opportunity, of all CPT visit reports and As the CPT has repeatedly empha- of their responses”, will be heeded by sised, authorising publication of doc- the authorities of Azerbaijan and the uments related to visits can be seen as Russian Federation. So far, only two out an important means of co-operating of the nine reports on the CPT’s visits with the Committee. The CPT therefore to Azerbaijan have been made public. welcomes the above-mentioned deci- In 2013, the Russian Federation agreed sions by the Bulgarian and Luxembourg to the publication of the visit reports on authorities, and invites other states to 5 the CPT’s 2011 ad hoc visit to the North follow the same approach. Caucasian region, as well as on the 2012 periodic visit to the Russian Federation, 5. Similar requests for “automatic publication” while out of the remaining 19 visit had been made by the Moldovan authorities st reports, 18 have not yet been published. in 2011 (see the CPT’s 21 General Report, CPT/ Inf (2011) 28, paragraph 27) and the Ukrainian The Committee is keen to pursue its authorities in 2014 (see the CPT’s 24th General work in these countries, through close Report, CPT/Inf (2015) 1, paragraph 50).

► Page 15 Selected publications steps to create an atmosphere in which the right thing to do for police officers 30. In this section, a closer look is taken is to report ill-treatment by colleagues. at some of the visit reports and govern- Moreover, the Committee reiterates its ment responses published during the recommendations that the Bulgarian period covered by the General Report. authorities take the necessary measures to ensure that legal provisions guaran- Report on the ad hoc visit to teeing the safeguards against ill-treat- Bulgaria in February 2015 ment are applied in practice. In their and response of the Bulgarian response, the Bulgarian authorities indi- authorities cate a number of steps taken to address (treatment and conditions of detention the concerns raised in the report. in investigation detention facilities and 33. Many allegations of deliberate prisons) physical ill-treatment (usually consis- 31. The CPT begins the report by stres- ting of slaps, punches, kicks and sing that it is extremely concerned by truncheon blows) were again received the fact that the vast majority of its long- at all the prisons visited, including the standing recommendations, especially Sofia Investigation Detention Facility, with respect to the police and prisons, and Burgas, Sofia, and Varna Prisons. remain unimplemented or only partially Inter-prisoner violence remained wide­ implemented. spread and appeared to occur as a form of punishment of fellow prisoners or to The Committee recalls that, in the light be racially motivated (primarily against of the facts found during the 2015 visit, Roma prisoners). a public statement concerning Bulgaria was issued on 26 March 2015. The Furthermore, the delegation heard alle- CPT’s aim in making this public state- gations that, following incidents with ment was to motivate and assist the custodial staff, prisoners had not been Bulgarian authorities, and in particular examined by a doctor. The CPT recom- the Ministries of the Interior and Justice, mends that the Bulgarian authorities to take decisive action in line with the take action to ensure that all prisoners fundamental values to which Bulgaria, are properly medically screened follow- as a member state of the Council of ing a violent episode within a prison and Europe and the European Union, has that the results of this screening are subscribed. accurately recorded. 32. The report concludes that per- The Committee also recommends that sons detained by the police in Bulgaria whenever injuries which are consis- continue to run a significant risk of tent with allegations of ill-treatment being ill-treated, both at the time of or inter-prisoner violence are recorded apprehension and during subsequent by a doctor, the record is immediately questioning. Further, there has been brought to the attention of the relevant no progress as regards the practical authorities and a preliminary investiga- implementation of the legal safeguards tion initiated. against police ill-treatment. In their response, the Bulgarian authori- The CPT calls upon the Bulgarian authori­ ties acknowledge the findings of the CPT ties to take the additional necessary and express their utmost concern with

General Report of the CPT, 2015 ► Page 16 respect to the incidents of ill-treatment The Committee was also provided with in prisons. The response further outlines information on refurbishment carried a range of measures taken or planned out in Sofia Prison and on plans to open by the authorities to address the issue, two closed-type prison hostels in 2016. including, inter alia, reinforcing internal As regards combating corruption, oversight mechanisms, setting up a reg- the Bulgarian authorities inform the ister for injuries inflicted in detention Committee that the Directors of all three facilities, and instructing health-care prisons visited have been changed and staff to immediately inform the relevant that a number of measures to fight cor- prosecutor’s office of identified injuries. ruption have been or will be undertaken. 34. Despite the efforts of the Bulgarian 35. The situation as regards the devel­ authorities to further reduce overcrowd­ opment of a proper regime of activities ing, it remained a problem in prisons for persons held both in investigation and closed-type prison hostels and detention facilities and in prisons was there was still no progress as regards the still very unsatisfactory. The CPT urges construction or renovation of the prison the Bulgarian authorities to intensify estate that would allow for the capacity their efforts to develop the programme of the prison to be expanded. As regards of activities for both sentenced and material conditions of detention, the remand prisoners, notably as regards three prisons visited by the delegation work, educational and vocational demonstrated an ever-worsening and activities. advanced state of dilapidation and insalubrity. In their response, the Bulgarian authori­ ties inform the Committee that possi- Furthermore, corruption remained bilities to increase the range of activ- endemic in the Bulgarian prison system ities for prisoners are being sought, and the vast majority of prisoners inter- including through co-operation with viewed claimed that they were asked other ministries and non-governmental to pay custodial, administrative, and/or organisations. medical staff for being granted various privileges or even for many services pro- 36. The accessibility and quality of the vided for by the law. health-care services in all the establish- ments visited were as poor as in pre- In their response, the Bulgarian authori­ vious visits, and medical confidentiality ties refer to the measures proposed by was still not being respected. The staf- the working group set up in response fing situation rendered the provision to the pilot judgment of the European of health care virtually impossible. The Court of Human Rights, Neshkov and CPT calls upon the Bulgarian authori- Others v. Bulgaria (concerning detention ties to take urgent steps to reinforce conditions in prisons and the effective- the health-care services and, more ness of the remedies by which prisoners gen­erally, to develop a comprehensive are able to seek redress for those con- long-term strategy for the provision of ditions), such as an individual approach health care in the prison system. as regards the initial allocation of sen- tenced prisoners, changes in the proce- In their response, the Bulgarian authori­ dure of conditional release, the imple- ties acknowledge the long-standing mentation of electronic monitoring and problems as regards the provision of the introduction of a preventive remedy. health care in prisons and inform the

Publication highlights ► Page 17 Committee that a strategy for improv- strip-search. The Committee formulates ing the health-care services in prisons specific recommendations regarding is under preparation. Furthermore, the the circumstances of and procedures authorities indicate that the CPT’s rec- for searching detained persons in police ommendations are reflected in the new establishments. internal rules for medical care in prison, In their response, the Czech authorities adopted in October 2015. underline that the prevention of unpro- Report and response published in November fessional and unacceptable practices will 2015 (CPT/Inf (2015) 36 and CPT/Inf (2015) 37) continue to be the subject of periodic training of police officers and personnel. As regards strip-searches, methodologi- Report on the periodic visit cal guidelines will be drawn up with the to the Czech Republic in April aim of avoiding routine strip-searches 2014 and response of the and regulating the manner in which Czech authorities strip-searches should be carried out. (treatment and conditions of detention 38. No allegations of ill-treatment by in police establishments and prisons, staff or violence amongst inmates were situation of juveniles, high-security and received at the Bělá-Jezová Detention life-sentenced prisoners, situation of Centre for Foreigners. Material con­ foreign nationals held under aliens legis- ditions were found to be generally lation, treatment of and legal safeguards satisfactory, and foreign nationals were offered to persons held under the mea- offered a wide range of activities. The sure of “security detention”, situation of CPT acknowledges the efforts made by involuntary psychiatric patients, surgical the management to accommodate the castration of sex offenders) special needs of children held in the Centre together with their parents. At 37. As regards the police, the majority of the same time, the Committee stresses persons interviewed by its delegation sta- that the placement of juveniles with their ted that they had been treated in a correct parents in a detention centre should manner whilst in police custody. However, only occur as a last resort and for the a number of allegations were received shortest possible time. The Centre was from detained persons of excessive use generally well-staffed. However, most of force at the time of apprehension of the staff did not speak any foreign and physical ill-treatment during police languages, and many members of staff questioning. In addition, several persons had received no specific training in how claimed that they had been subjected to to work in a multi-ethnic environment. verbal abuse by police officers. 39. In respect of prisons in general, the Despite a specific recommendation delegation received a few allegations of made after previous visits, the practice physical ill-treatment and verbal abuse, of handcuffing detained persons to fixed including of a racist nature, by custo- objects in police establishments per- dial staff. Further, inter-prisoner violence sisted, and the CPT calls upon the Czech appeared to be a problem at Valdice authorities to take effective measures Prison, despite the efforts made by the to stamp out such practices. Further, management of the establishment. the CPT expresses serious misgivings As regards juvenile prisoners, the CPT about the fact that persons detained by expresses its grave concern regarding the police were routinely subjected to a the frequency of allegations of physical

General Report of the CPT, 2015 ► Page 18 ill-treatment received at Všehrdy Prison. the situation of life-sentenced prison- Following repeated requests by the ers, including the abolition of the rule CPT to carry out an inquiry, the Czech requiring their segregation from the authorities informed the Committee rest of the prison population, and on that the Director of the prison had been changes which will be initiated to the dismissed and that disciplinary and rules concerning strip-searching of criminal proceedings had been initiated prisoners. against a number of staff. 40. As regards the situation in the The material conditions were on the security detention facility, many inmates whole acceptable at Litomĕřice Remand interviewed by the delegation at Brno Prison and Valdice Prison, and the del- Remand Prison made no allegations egation gained a generally favourable of ill-treatment by staff. However, impression of the regime offered to the delegation did receive some sentenced prisoners at Valdice Prison. allegations of inmates being slapped That said, the CPT expresses its serious and/or verbally abused by members of concern about the fact that the over- the custodial staff. Moreover, several whelming majority of remand prisoners allegations were heard that inmates at Litomĕřice Remand Prison were not with learning disabilities had been offered any regular out-of-cell activities. compelled by custodial staff to dance, The situation of one juvenile who had bark, eat grass and drink water from de facto been held in a solitary-confine- a bucket. If confirmed, such actions ment regime for some three months would, in the CPT’s view, amount to gave rise to particular concern. degrading treatment. The report describes a number of Material conditions in the security improvements regarding the situation detention facility were generally very of life-sentenced prisoners at Valdice good. That said, the CPT encourages the Prison. The CPT stresses that further Czech authorities to further develop the measures are required to render the regime provided to inmates in order to regime satisfactory; it also reiterates ensure that they can spend more time its recommendation to integrate life- out of their rooms. As regards health sentenced prisoners into the gen- care, the delegation gained a gener- eral prison population. Further, the ally positive impression of the range of Committee once again expresses its mis- therapeutic and recreational activities. givings about the systematic handcuff- However, the Committee is concerned ing of life-sentenced prisoners and their that all contact between the psychia- guarding by a dog during movements outside the detention unit. Moreover, it trist/psychologist and inmates was con- recommends that immediate steps be ducted through metal bars. taken to put an end to collective strip- In their response, the Czech authorities searches, as well as to the use of guard assure the Committee that prison offi- dogs within detention areas. cers and staff are and will be regularly In their response, the Czech authorities trained and reminded to comply strictly inform the Committee that efforts will with all legal standards and instructions. continue to improve the possibilities for Efforts will also be made to enable con- out-of-cell activities for remand prison- tact between psychiatrists/psycholo- ers. Information is also provided on the gists and inmates to take place without steps being taken to further improve partitioning.

Publication highlights ► Page 19 41. During its visit to Kosmonosy Report on the periodic visit Psychiatric Hospital, the delegation to Finland in September/ received no allegations of ill-treatment October 2014 and response of of patients by staff. Living conditions in the Finnish authorities the hospital were on the whole satisfac- tory, and staffing levels appeared to be (safeguards offered to persons detained by generally adequate for the number of the police, situation of remand prisoners patients and care provided. The dele- in police establishments and of foreign gation also gained a generally positive nationals held under aliens legislation, impression of the psychiatric treatment. inter-prisoner violence and intimidation, That said, the CPT recommends that situation and regime of the prisoners held anti-androgen treatment be subjected in high-security and closed units, situation to written consent by patients. Several of civil involuntary and forensic patients) recommendations are also made as regards the duration of mechanical 43. In the report, the CPT expresses its restraint, the recording of instances of concern about the lack of sufficient pro- chemical restraint and the supervision gress in the implementation of many of of patients under restraint. Further, the its long-standing recommendations, for CPT once again expresses its serious mis- example, those regarding the practice givings about the use of net-beds and of holding remand prisoners in police reiterates its recommendation that net- establishments and the practice of beds be withdrawn from service in psy- “slopping out” in prisons, the regime for chiatric hospitals in the Czech Republic. prisoners segregated in high-security and closed units, and legal safeguards 42. Moreover, the Committee urges the in the context of involuntary psychiatric Czech authorities to put a definitive end hospitalisation. to the use of surgical castration in the context of treatment of sex offenders. 44. The CPT’s delegation received no allegations of physical ill-treatment of In their response, the Czech authori- ties state that, to avoid any ambiguity, persons detained by the police; on the methodological guidelines concerning contrary, most of the persons inter- the necessity to provide consent to anti- viewed by the delegation, who were androgen treatment will be adopted as or had recently been in police custody, soon as possible. Information is also stated that the police had treated them provided on legislative amendments in a correct manner. concerning the use of means of restraint, The report addresses some issues relat- including its recording. As regards surgi- ing to police establishments, especially cal castration, the authorities maintain as regards material conditions. The their position that the relevant legisla- Committee underlines that none of the tion fully complies with the European police establishments visited, includ- Convention on Human Rights. However, ing Pasila “police prison”, offered con- the authorities state that they will ditions suitable for holding persons in continue to ensure that legal guarantees excess of the police custody period (i.e. are strictly observed in practice and that 96 hours). In particular, there was insuf- these will be strengthened if necessary. ficient access to natural light in cells, no Report published in March 2015 possibility of proper daily outdoor exer- (CPT/Inf (2015) 18), response published cise, no activities and no proper health- in August 2015 (CPT/Inf (2015) 29) care services. The Committee reiterates

General Report of the CPT, 2015 ► Page 20 its long-standing recommendation that space envisaged for association. The CPT the practice of holding remand prison- recommends that these problems be ers in police cells be discontinued. addressed. In their response, the Finnish authorities provide information on steps 45. Regarding the fundamental safe- being taken to improve conditions of guards against ill-treatment, the CPT’s detention in the above-mentioned delegation found that detained per- establishment. sons were generally afforded the right of access to a lawyer and were provi- 47. The report outlines in detail various ded with information on their rights in issues related to prisons, in particular the writing shortly after apprehension. By phenomenon of inter-prisoner violence contrast, delays in notification of cus- and intimidation, as well as the situa- tody remained widespread, especially tion of prisoners held in high-security when the apprehended person was and closed units. The CPT recommends a foreign national without residence that a suitable programme of purpose- in Finland. Further, access to health ful activities be provided to prisoners care in police custody also remained held in conditions of high security or problematic. segregated by court order. Overall, the Committee noted that material con­ In their response, the Finnish authorities ditions for the mainstream prison popu- describe, inter alia, the steps being taken lation were good in the prisons visited. to improve access to a doctor in police That said, the delegation observed that custody, reduce delays in notification of there were still many cells without a toi- custody and refurbish “police prisons”. let at Helsinki and Kerava Prisons. The They also inform the CPT of the progress CPT calls upon the Finnish authorities of the working group to reduce recourse to completely eliminate the practice of to and shorten the duration of remand “slopping out” in prisons. Regarding detention in “police prisons”. According health-care services in prisons, the to the authorities, relevant legislative CPT reiterates its assessment from the steps could be taken in the spring of 2008 visit that there is an insufficient 2016 and enter into force at the begin- doctors’ presence in the prisons visited ning of 2017. and recommends that this be increased. 46. The delegation received no alle- In their response, the Finnish authori- gations of ill-treatment at Metsälä ties refer to ongoing legal reforms with Detention Unit for Foreigners. Material respect to prisons, steps being taken conditions and activities were on the to prevent a resurgence in overcrowd- whole adequate. As regards health ing and inter-prisoner violence, and care, the CPT calls upon the authorities progress in eliminating the practice of to ensure prompt systematic medical “slopping out”. Further, they provide screening of all foreign nationals upon details of steps being taken to improve arrival. the regime, activities and placement As regards the Konnunsuo Detention and review procedures in high-secu- Unit for Foreigners, located in a former rity and closed units, address the CPT’s prison, the material conditions were recommendations concerning segrega- generally adequate. However, the whole tion of remand prisoners on court order, environment remained unavoidably and broaden the offer of activities for carceral and there was very limited prisoners. The authorities inform the

Publication highlights ► Page 21 Committee of the transfer of responsibil- reform of the mental health legislation ity for prison health-care services from including the review procedures. the Ministry of Justice to the adminis- Report published in August 2015 trative branch of the Ministry of Social (CPT/Inf (2015) 25), response published in Affairs and Health as of 1 January 2016 October 2015 (CPT/Inf (2015) 33) and, in this context, of ongoing efforts to increase health-care staffing levels in prisons. The response also contains Report on the removal information on efforts to recruit addi- operation by air of foreign tional custodial staff and to improve nationals to Nigeria organised complaints and disciplinary procedures. on 17 October 2013 by the In the context of the latter, the authori­ Dutch authorities in co- ties inform the CPT of the reduction operation with Frontex in the maximum permitted period of (treatment of foreign nationals during placement in disciplinary isolation from removal operations, including prepara- 15 to 10 days. tion, execution and hand-over to the local 48. The CPT’s delegation also visited authorities, and debriefing-related issues) Niuvanniemi Hospital where it focused 49. The report examines in detail the on the safeguards governing involun- treatment of foreign nationals during tary psychiatric hospitalisation and a removal operation by air to Lagos treatment. The Committee found the (Nigeria) and the conditions under living conditions, treatment, activities which the removal operation took and staffing to be generally good. As place. The return flight was part of regards safeguards, the CPT remains the 2013 Programme of Joint Return concerned by the very limited progress Operations (JRO), co-ordinated and in addressing its long-standing recom- co-financed by the European Agency mendations aimed at improving the for the Management of Operational legislative framework. It recommends Cooperation at the External Borders that amendments be made to provide of the Member States of the European for an obligatory independent expert Union (Frontex) and involved, in addi- psychiatric opinion in the context of tion to the Netherlands (the “Organising involuntary hospitalisation measures Member State”), Bulgaria, Germany, and the review of these measures. The Slovenia and Spain (as “Participating Committee is also concerned by the inef- Member States”). The operation con­ ficiency of judicial reviews of involun- cerned a total of 18 detainees and tary hospitalisation measures. It again involved 57 escorts of five different calls on the Finnish authorities to ensure nationalities. It was the first such remo- that there is a meaningful and expedient val operation monitored by the CPT. court review of these measures and that 50. As regards the preparation phase psychiatric patients have an effective of the removal operation, the report right to be heard in person by the judge praises the overall quality of the work during the involuntary hospitalisation performed by the Dutch Repatriation procedure. and Departure Service (DT&V) and by In their response, the Finnish authorities the Royal Military Constabulary (KMAR). provide an update of the comprehensive The report stresses the importance of

General Report of the CPT, 2015 ► Page 22 providing information in advance (involving a detainee being returned by to persons being removed and their Slovenia and his escorts), which involved lawyers. The CPT comments favour­ an allegedly prolonged use of means ably on the procedures in place in the of restraint, was quickly dealt with by Netherlands although it recommends the determined and skilful interven- that access to legal advice be maintain­ed tion of the Dutch back-up team, thus until the moment of departure (i.e. until preventing a further escalation of the the doors of the aircraft are closed) and problem. In the CPT’s view, this inci- that a “last call procedure” be put in dent highlighted the need for further place before the disembarkation of the detailed discussions among Frontex detain­ees in the country of destination. member states with a view to develop­ As regards staff training prior to ing precise rules on the use of means of departure, the CPT welcomes the KMAR restraint. custom of organising short practice Two further incidents occurred during sessions for the escort staff before the second flight segment (Madrid to every charter removal flight. It, however, Lagos), the first of which gave the CPT’s highlights the need to improve ground delegation the opportunity to observe staff communication skills, facilitating a particularly skilful, empathetic and thereby the handling of difficult/ professional intervention by a Spanish resistant detainees. The Committee also escort staff member. On arrival, the takes note of the efforts made to ensure handover­ to the Nigerian authorities good medical/nursing coverage during which took place on the aircraft was the removal operation. That said, the carried out smoothly. CPT supports the principle that every person being forcibly removed by air 52. The report examines several other be given the opportunity to undergo issues related to the CPT’s mandate, a medical examination a few days prior such as the use of force, the role of to his/her departure. The Committee national monitoring bodies, staff-rela- recommends in particular that a medical ted issues and complaints procedures. examination be systematically carried In addition, it raises technical issues such out whenever the prolonged use of as the inclusion in future readmission force or means of restraint during agreements of explicit references to the removal is expected or highly likely. possibility for national or international It also comments on the need for a monitoring bodies to observe removal fast, smooth and adequate transfer of operations, including the handover medical information between health- procedure to the local immigration care professionals at every stage of the authorities. removal process. 53. The response of the Dutch 51. As regards the execution phase Government to the CPT’s report can of the removal operation, the report be described as globally positive. The describes­ the conditions during the first Dutch authorities indicate that they are flight segment (Rotterdam to Madrid) as prepared to include a reference to the generally good. The Dutch and German desire for monitoring to be carried out escorts made genuine efforts to reduce by international monitoring bodies when stress and relieve the atmosphere by carrying out negotiations on readmission engaging in dialogue with their res- agreements. They also confirm that an pective detainees. One small incident Immigration and Naturalisation Service

Publication highlights ► Page 23 (IND) officer who is familiar with the case Report on the ad hoc visit at hand waits on the stairs to the aircraft to Spain in July 2014 and until the actual moment of departure, response of the Spanish in order to deal with any last-minute authorities applications for admission. However, (treatment of foreign nationals in the the authorities indicate that they are Aluche (Madrid) and Zona Franca not ready to act on the CPT’s recommen­ (Barcelona) detention centres for dation concerning the setting up of a foreigners (CIEs) and treatment of irregular “last call procedure” before disembarka- migrants attempting to enter the enclave tion in the country of destination. of Melilla) As regards medical/nursing coverage, 54. At the Zona Franca CIE, allega- the authorities indicate that they are act- tions of both physical ill-treatment and ing upon the Committee’s recommen- verbal abuse of detained persons by dations, both to ensure the presence of specific police officers were received, medical/nursing staff from the time of and at the Aluche Centre, allegations departure from the detention location, of insults by police officers were heard. and to ensure better communication The CPT recommends that the Spanish of medical information between all the authorities act to eradicate physical ill- health-care professionals involved in treatment at the Zona Franca CIE and the process (including in the detention remind staff at both centres that foreign centres and on board the aircraft). As nationals should be treated with res- regards a pre-departure medical exam- pect. Further, in the light of the frequent ination carried out at the detainee’s acts of violence and intimidation among persons detained at the Zona Franca request and “fit to fly” certificates, the CIE, the Committee urges the Spanish authorities comment that these are not authorities to establish and implement standard procedures and further state an anti-violence strategy. By contrast, at that they adhere to the International Air Aluche, violence among detainees was Transport Association guidelines (i.e. that appropriately managed. all passengers are fit to fly in principle unless there are medical reasons to the In the report, the CPT welcomes the contrary). The authorities also react pos- adoption of Royal Decree 162/2014 of itively to the CPT’s comment expressing 14 March 2014, which introduces several changes to improve the functioning of the need for a fully-equipped emergency the CIEs such as specialised compulsory kit on board every official flight. staff training modules, judicial super- Moreover, the authorities also highlight vision and an increase in the period of their efforts to ensure a better exchange outdoor exercise for detained persons. of knowledge and experience, including However, the report is again critical of training, between KMAR escorts and the the carceral environment at both CIEs special escort teams of the DV&O agency (e.g. barred windows, gated corridors (De Dienst Vervoer en Ondersteuning). and cells) which is inappropriate for per- sons detained under aliens legislation. Report and response published in Recommendations are made to address February 2015 (CPT/Inf (2015) 14 this situation and to ensure that foreign and CPT/Inf (2015) 15) nationals held in multiple-occupancy

General Report of the CPT, 2015 ► Page 24 cells at the Aluche CIE are provided with in the border fence area with Morocco at least 4m2 of living space per person. in Melilla. The Committee recalls that Moreover, the CPT reiterates its recom- on the basis of the principle of non- mendation, dating back to its 2011 peri- refoulement, the jurisprudence of the odic visit, that the authorities improve European Court of Human Rights and the range of activities on offer to per- CPT standards, states cannot deport a sons accommodated in CIEs. migrant before having carried out pro- The Committee found, in general, that per screen­ing with a view to identifying the health-care services in both CIEs persons in need of protection, asses- were sufficiently resourced, and that sing those needs and taking appropriate foreign nationals had rapid access to a action. The Committee recommends doctor. However, it recommends that that adequate guarantees to this effect regular consultations with a dentist and be provided in the national legislation a psychiatrist be available at both CIEs and that Spanish law enforcement offi- and that measures be taken at the Zona cials be instructed accordingly. Franca CIE to guarantee confidentiality In Melilla, several allegations were during all medical examinations. received of excessive use of force by Furthermore, the CPT recommends that members of the Guardia Civil when all police officers assigned to work in apprehending irregular migrants at the CIEs receive training in inter-cultural border. Reference is made to the incident communication, physical techniques of 15 October 2014 during which an irreg- of restraint and prevention of ill-treat- ular migrant was subjected to repeated ment. They should also not openly carry baton blows and totally inappropriate truncheons within the detention areas. treatment. The CPT requested that a prompt and effective inquiry be carried The report recalls the necessity to out into this specific incident. Further, the respect fundamental safeguards in the Committee recommends that members course of an operation of forced return of the Guardia Civil receive appropriate and expulsion of a foreign national (e.g. training in professional techniques which the possibility to inform a lawyer of a minimise harm to any individual whom deportation order and the recording of they are seeking to apprehend. every recourse to means of restraint). The Committee is particularly con- In their response, the Spanish authorities cerned by the credible allegations of provide an account of the various train- physical violence, sometimes of a severe ing activities in place for law enforce- nature, perpetrated by members of the ment officers working at Aluche and Moroccan Auxiliary Forces (MAF) on Zona Franca CIEs in the field of human foreign nationals. They described being rights protection and the development kicked and punched and receiving blows of inter-personal skills. They also refer with wooden sticks and branches by to measures introduced in order to members of the MAF. These violent acts improve the quality of the provision occurred after the foreign nationals had of health care of detained persons and been apprehended by the MAF between to preserve the confidentiality of their the border fences, within Spanish terri- medical examinations. tory, or once they had been returned to 55. The report also describes aspects Morocco. It was also alleged that MAF offi- of the treatment of foreign nationals cers actively shook the fence to force any

Publication highlights ► Page 25 irregular migrants, who were still hang- time of apprehension or slaps, punches ing on, to fall down. In light of the risk of or kicks during police questioning. In ill-treatment, the CPT recommends that some cases, the medical examination the Spanish authorities take the necessary of the persons concerned and/or the steps to ensure that no foreign national consultation of medical files by the is handed over to MAF officials. Further, delegation revealed injuries which these forces should not be allowed to were consistent with the allegations enter Spanish territory to apprehend of ill-treatment made. The Committee and forcibly return irregular migrants to recommends that all law enforcement Morocco, outside any legal framework. officials in the Diyarbakır and Şanlıurfa The Committee notes that no allegations areas be reminded, through a formal of ill-treatment were made regarding statement from the relevant author- members of the Moroccan Gendarmerie. ities, that they must be respectful of In their response, the Spanish authori- the rights of persons in their custody ties provide details in relation to the inci- and that the ill-treatment of such dent of 15 October 2014 asserting that persons will be the subject of severe the irregular migrant in question sim- sanctions. Recommendations are also ulated unconsciousness. Further, they made regarding the conduct of investi- indicate that the MAF are, under special gations into allegations of ill-treatment circumstances, allowed to enter Spanish by police/gendarmerie officers and on territory in order to protect themselves improving the implementation in prac- from the flux of irregular migrants. tice of safeguards against ill-treatment, Report and response published in April 2015 such as access to a lawyer and a doctor. (CPT/Inf (2015) 19 and CPT/Inf (2015) 20) 57. Particular attention was paid during the 2013 visit to the situation of Report on the periodic visit persons deprived of their liberty in the to Turkey in June 2013 and context of public demonstrations which response of the Turkish were ongoing at the time of the visit in authorities different parts of the country (so-cal- led “Gezi protests”); for that purpose, (treatment of persons detained by the CPT’s delegation interviewed many law enforcement agencies and prison demonstrators who had been taken into conditions) police custody in Ankara and Istanbul. 56. As had been the case during the In both cities, many allegations were 2009 visit, the great majority of per- received from detained demonstra- sons met by the CPT’s delegation stated tors that they had been subjected to that they had been treated in a correct excessive use of force at the time of manner whilst in police/gendarmerie apprehension (such as kicks, punches custody. However, in the Diyarbakır and blows with sticks or batons – inclu- and Şanlıurfa areas, the delegation ding to the head or face – after having received a number of allegations from been brought under control). Further, detained persons (including juveniles) several persons claimed that police offi- of recent physical ill-treatment by police cers had broken down the doors to the officers. Most of these allegations con- rooms in which they were hiding (in a cerned excessive use of force at the hotel or on the premises of a political

General Report of the CPT, 2015 ► Page 26 party) and, without prior warning, had at Gaziantep E-type Prison. Further, the thrown tear gas cartridges into the room delegation received many allegations before dragging them down the stairs of physical ill-treatment by staff from to the entrance and then to the police adult prisoners (mainly sex offenders) at van, while subjecting them to beat­ Gaziantep and Şanlıurfa E-type Prisons. ings. A significant number of persons interviewed displayed visible injuries In their response to a specific recom- which were consistent with the allega- mendation made by the CPT, the Turkish tions made. The CPT recommends that authorities inform the Committee that a firm message be delivered to all law they have instructed the management enforcement officials throughout Turkey and staff of all relevant prison establish- who are involved in crowd control ments to demonstrate diligence and operations, reminding them that sensitivity in their approach towards all forms of ill-treatment of persons juvenile inmates. deprived of their liberty are not accept­ 59. The delegation observed disturb- able and will be punished according­ly. ing levels of overcrowding in some Further, the Committee expresses of the prisons visited, in particular at serious misgivings about the apparent Gaziantep and Şanlıurfa E-type Prisons. use of tear gas grenades within a con­ These two establishments, as well as fined space. Diyarbakır E-type Prison, were found to In their response, the Turkish authorities be in a poor state of repair. Further, the provide information on criminal and dis- overwhelming majority of adult pris- ciplinary inquiries launched in relation oners in all the prisons visited were not to alleged ill-treatment and/or excessive being offered a regime worthy of the use of force during police operations name; the regime provided to remand carried out in the context of the Gezi prisoners was particularly underdevel- protests in Ankara and Istanbul. oped. In contrast, as regards juvenile 58. The great majority of prison- prisoners, serious efforts were being ers interviewed by the delegation at made to involve as many of them as pos- the prisons visited stated that they sible in activities suitable for their age had been treated by staff in a correct (with the exception of Şanlıurfa E-type manner. However, at Sincan Juvenile Prison where the vast majority of juve- Prison, the delegation received a num- niles had to spend practically the whole ber of allegations of recent physical day in their living units). In its report, the ill-treatment of juveniles by staff. Most CPT also expresses concern about the of those allegations concerned slaps, serious shortage of doctors and nurses kicks, punches and blows with a plastic in all the prisons visited. pipe on the hands and/or the soles of In their response, the Turkish authorities the feet, as a form of corporal punish- provide information on measures taken, ment for misbehaviour. A large number inter alia, to combat prison overcrowd- of allegations of a similar nature were ing and improve conditions of detention also heard from juveniles at Şanlıurfa in certain prisons. E-type Prison (where some of them also claimed to have received so-called “wel- Report and response published in January 2015 come beatings”) and to a lesser extent (CPT/Inf (2015) 6 and CPT/Inf (2015) 7)

Publication highlights ► Page 27 Reports on the ad hoc visits 2014 visit, the delegation reviewed the to Ukraine in February action taken by prosecutors to inves- and September 2014 and tigate allegations of ill-treatment of responses of the Ukrainian detained persons by law enforcement authorities officials during the “Maidan” events in Kyiv between November 2013 and (treatment by law enforcement officials February 2014. In this connection, par- of “Maidan” demonstrators and persons ticular attention was paid to specific detained in the context of “anti-terrorism” cases which had been identified by the operations, situation in colonies) Committee during the February 2014 60. The first publication concerns the visit. Moreover, the delegation exam­ report on the February 2014 ad hoc visit ined the situation of persons who had to Ukraine and the related response of been detained by law enforcement offi- the Ukrainian Government. The main cials in Kyiv and Kharkiv in the context objective of the visit was to examine of ongoing “anti-terrorism” operations. the manner in which anti-Government 62. The majority of persons detained demonstrators (referred to as “Maidan” in the context of “anti-terrorism” demonstrators) were apprehended and operations who were interviewed by treated by law enforcement officials in the the delegation stated that they had context of two public order operations in been treated correctly whilst in the January 2014 (in Kyiv and Dnipropetrovsk) hands of law enforcement officials. and February 2014 (in Kyiv). Further, the delegation received no The report stresses that, in the CPT’s allegations of ill-treatment by custodial view, the deliberate ill-treatment of staff at the detention facility of the “Maidan” demonstrators by or with the State Security Service (SBU) in Kyiv and acquiescence of law enforcement offi- the pre-trial establishments (SIZOs) cials prior to their handover to police in Kyiv and Kharkiv. That said, some convoy officers or investigators, was an allegations were received of excessive accepted means of enforcing law and use of force by SBU officers at the time order during the public order operations of apprehension and/or of ill-treatment at issue. In several instances, the alleged during subsequent questioning by SBU ill-treatment was of such severity that officers. In addition, a few allegations it could be considered as amounting were heard of excessive use of force by to torture. The report also contains soldiers at the time of apprehension. detailed information on a number of 63. As regards the investigations individual cases of alleged ill-treatment into allegations of ill-treatment by by law enforcement officials. law enforcement officials during the 61. The second publication concerns “Maidan” events, a consultation of the report on the September 2014 ad relevant criminal investigation files hoc visit to Ukraine and the related res- revealed that, in all five cases examined ponse of the Ukrainian authorities. The by the delegation, investigators main objective of this visit was to review and prosecutors had carried out the treatment of prisoners by staff at many essential investigative steps. two correctional colonies in the Kharkiv However, a number of shortcomings area, namely Colonies Nos. 25 and 100. were identified (e.g. a lack of forensic Further, as a follow-up to the February medical examinations, delays in

General Report of the CPT, 2015 ► Page 28 judges approving certain investigative In the visit report, the CPT welcomes actions). Further, it became apparent the measures taken by the Ukrainian that investigations had reached a authorities after the visit regarding deadlock, since investigators had not the allegations of ill-treatment and/or identified any law enforcement official intimidation of prisoners in Colonies as a potential perpetrator. Overall, the Nos. 25 and 100 (e.g. inspections of investigations that had been carried both colonies by representatives of the out by investigative prosecutors did General Prosecutor’s Office, as well as not seem to meet the requirements of by a joint commission of the Ministry effectiveness as defined by the case- of Justice and the State Penitentiary law of the European Court of Human Service; dismissal of the Directors of Rights and the relevant standards of the both colonies; issuance by the Minister CPT. The Committee also reiterates its of Justice of a detailed set of instructions recommendation that steps be taken to the Directors of all prisons regarding without any further delay to ensure that the measures to be taken to prevent ill- members of special forces and other treatment and intimidation of prisoners). uniformed police officers are always On the basis of all the information identifiable, through the wearing of a at its disposal, the CPT decided to clearly visible identification number on close the procedure under Article 10, the outside of their or on their paragraph 2, of the Convention establishing the Committee, which . had been set in motion in March 2013. 64. At Colonies Nos. 25 and 100, the The Committee also emphasises that delegation once again received a sig­ it will continue to monitor closely the nificant number of allegations of severe situation of prisoners in the above- physical ill-treatment and/or torture of mentioned colonies (as well as in other prisoners by prison officers; it appeared prison establishments) and will not that, in both establishments, physical ill- hesitate to re-open the procedure under treatment was used as a tool to maintain Article 10, paragraph 2, at any moment, internal order. Further, the delegation if it becomes apparent that the present was struck by the overall climate of fear process of improvement is not sustained in both establishments and the reluc- and that the actions taken so far are not tance of prisoners to be interviewed. vigorously pursued at all levels. Many allegations were received that 65. During its visit to Colony No. 100, pris­oners had been warned by staff not the CPT also reviewed the regime and to say anything negative to the dele- security measures applied to prisoners gation. At Colony No. 100, allegations sentenced to life imprisonment. were also received that prisoners had Regrettably, most of the specific been beaten up by prison officers after recommendations repeatedly made they had complained to a prosecutor or by the Committee after previous visits a representative of the Parliamentary regarding the situation of life-sentenced Commissioner of Human Rights. prisoners had not been implemented. Moreover, the CPT expressed concern In particular, it remained the case that about the frequency of allegations the prisoners concerned were usually received in both colonies regarding cor- locked up in their cells for 23 hours per ruption and exploitation of prisoners for day, were not allowed to have contact economic reasons. with life-sentenced prisoners from other

Publication highlights ► Page 29 cells, were systematically handcuffed by law enforcement officials during the during all movement outside their cells “Maidan” events between November and were kept under constant video 2013 and February 2014, as well as on surveillance (CCTV) in their cells. The the measures taken to prevent instances CPT calls upon the Ukrainian authorities of ill-treatment and intimidation of to implement without further delay its prisoners by prison officers in Colonies long-standing recommendations in this Nos. 25 and 100 and in other peniten- regard. tiary establishments. 66. In their responses to the above- Report on the February 2014 visit and response mentioned reports, the Ukrainian published in January 2015 (CPT/Inf (2015) 3 and authorities provide updated inform­ CPT/Inf (2015) 4) ation on the criminal proceedings which Report on the September 2014 visit published have been initiated regarding allega- in April 2015 (CPT/Inf (2015) 21) and response tions of ill-treatment of demonstrators published in July 2015 (CPT/Inf (2015) 24)

General Report of the CPT, 2015 ► Page 30

In several countries, the CPT observed that life-sentenced prisoners were subjected to a very impoverished regime and draconian security measures Situation of life- sentenced prisoners

Preliminary remarks Life sentences

67. In the 11th General Report on 68. For the CPT, a life sentence is an its activities in 2000, the CPT briefly indeterminate sentence imposed by addressed the issue of life-sentenced a court in the immediate aftermath and other long-term prisoners. In of a conviction for a criminal offence particular, it expressed concern that which requires the prisoner to be kept such prisoners were often not provided in prison either for the remainder of with appropriate material conditions, his or her natural life or until release activities and human contact, and that by a judicial, quasi-judicial, executive they were frequently subjected to or administrative process which special restrictions likely to exacerbate adjudges the prisoner to no longer the deleterious effects of their long- present a risk to the public at large. The term imprisonment. The Committee minimum period required to be served considers that the time is ripe to before a prisoner may first benefit review the situation of life-sentenced from conditional release varies from prisoners in Europe based upon the country to country, the lowest being experience it has built up on visits over 12 years (e.g. Denmark and Finland) the last 15 years and taking also into and 15 years (e.g. Austria, Belgium, consideration developments at the Germany, Switzerland) and the highest European and universal levels, notably being 40 years (e.g. Turkey, in the case Recommendation Rec (2003) 23 of the of certain multiple ). The majority Committee of Ministers of the Council of of countries imposing life sentences Europe on the management by prison have a minimum period of between administrations of life sentence and 20 and 30 years. In the United Kingdom 6 other long-term prisoners. jurisdictions, the minimum period to be served in prison is determined 6. See also the European Prison Rules (2006) at the time of sentence by the trial and the recently revised United Nations Standard Minimum Rules on the Treatment judge; the law does not provide for an of Prisoners (Nelson Mandela Rules - 2015). absolute minimum period in this regard.

► Page 33 Several other countries (e.g. Bulgaria, be additionally punished by the par- Lithuania, Malta, the Netherlands ticular severity of conditions in prison and, for certain crimes, Hungary, the is manifestly unacceptable. However, Slovak Republic and Turkey) do not such a view is still deeply entrenched in have a system of conditional release in the public opinion in various European respect of life-sentenced prisoners, so countries. that life may literally mean life (see also The concept of life imprisonment was paragraph 73). On the other hand, it is introduced in the 1990s in many mem- noteworthy that a number of Council of ber states of the Council of Europe fol- Europe member states do not have life lowing the ratification of Protocol 6 to sentences on the statute book.7 Instead, the European Convention on Human for the most serious crimes they have Rights abolishing the death penalty. long determinate sentences usually The last execution in a Council of ranging from 20 to 40 years. Europe member state took place in 1997 and, since 2013, Europe has been History of the concept of life a death-penalty free zone in law (with imprisonment the exception of Belarus).8 However, in many countries it was considered that 69. Throughout history, life imprison- the public would support the abolition ment has been intrinsically linked with of the death penalty only if its replace- the death penalty and has progress­ively ment was considered sufficiently puni- become an alternative punishment for tive. Consequently, persons sentenced the most serious crimes. However, the to death had their sentences commuted initial purpose of this substitution was to life imprisonment but little detailed not to mitigate the situation of the planning appears to have been carried convicted person. On the contrary, out in relation to the implementation the medieval view, which persisted of the life sentences. At the same time, for many centuries, was that life-long over the 25 years of the CPT’s existence, imprisonment in combination with there has been a marked increase in the hard labour and solitary confinement number of life sentences imposed. This would be seen by offenders as a worse seems mainly to be the result of two alternative to death. In the same vein, factors, the abolition or suspension of one of the arguments for the retention the death penalty throughout Europe of the death penalty was precisely that and sentencing policies across mem- life imprisonment with hard labour was ber states in respect of serious crimes. so severe that it would cause more suf- The latest available statistics9 show fering to the individual concerned and that there were a total of some 27,000 be more cruel than capital punishment. life-sentenced prisoners in Council From today’s perspective, the view that of Europe member states in 2014. On persons serving a life sentence (or for the basis of a sample of 22 countries that matter any other sentence) should in respect of which relevant data are available for a longer period, the num- 7. For example, Andorra, Bosnia and Herzegovina, Croatia, Montenegro, Portugal, San Marino, Serbia, Slovenia and 8. A moratorium has been introduced in the Spain. Further, in practice, life sentences Russian Federation. have never been imposed in Iceland and 9. Council of Europe Annual Penal Statistics Liechtenstein. (SPACE) 2004.8 and 2014.7.

General Report of the CPT, 2015 ► Page 34 ber of life-sentenced prisoners had have been developed to address the increased by 66% from 2004 to 2014. individual behaviour of the prisoners, Further, in 2014, there were about 7,500 offering them education and work. inmates held in indeterminate deten- Further, contacts with the outside world, tion for security or public protection especially with families where possible, reasons in various member states of have been fostered and outside public the Council of Europe (in particular the and charitable agencies have become United Kingdom (England and ), involved with them as they progress Germany, Italy and Switzerland). through their sentence. All this serves both to preserve their “humanity” 70. In the 1990s, the former communist during the sentence and to prepare countries of central and eastern Europe them for release. Managing life-sen- specified a period of imprisonment of 20 tenced prisoners presents challenges to 35 years as a blanket minimum for all to prison administrations to maintain a commuted sentences and new life sen- positive atmosphere, particularly in the tences, without any individual factors first decade of a life sentence but also being taken into account until this period as some of these prisoners move into had elapsed. Equally, many states failed old age. The experience of these states to develop regimes for life-sentenced provides a good source of knowledge prisoners tailored to their individual situa- in proposing techniques to maintain tion. Rather, all such sentenced prisoners respect for the rights of prisoners facing were considered to be “dangerous” and in indeterminate sentences, even though need of ongoing strict control. Now, 20 to the indeterminacy on its own, no matter 25 years later, as some prisoners start to how long it may last, creates particular approach the moment when they may psychological pressures for the prisoner. apply for conditional release, there is a realisation that little has been done to give such prisoners a realistic hope of The CPT’s findings during release back into the community. Indeed, visits long periods of negative treatment in 71. The CPT has visited a large number prison, severely restricting the right to of prison establishments across Europe maintain relationships with family and in which life-sentenced prisoners were friends outside, and a total lack of pre- accommodated. The conditions under paration for release or planning of rein- which such prisoners were being held tegration are likely to impair seriously varied significantly from one establish- the ability of prisoners to function in the ment to another. In many countries, life- outside community. sentenced prisoners were usually held Some of the above-mentioned coun- together with other sentenced prisoners tries have come to recognise the need and benefited from the same rights in to prepare life-sentenced prisoners terms of regime (work, education and for release. These countries, as well as recreational activities) and contact with those which abolished the death pen- the outside world as other sentenced alty much earlier, have established prisoners. judicial, quasi-judicial, administrative However, in a number of countries – or executive measures for consider- including Armenia, Azerbaijan, Bulgaria, ing the release of life-sentenced pris- Georgia, Latvia, Moldova, Romania, the oners on an individual basis. Regimes Russian Federation, Turkey (prisoners

Situation of life-sentenced prisoners ► Page 35 sentenced to aggravated life impris- It is also noteworthy that, in some coun- onment only) and Ukraine10 – life-sen- tries, the entitlements of life-sentenced tenced prisoners were as a rule kept sep- prisoners to contacts with the outside arate from other sentenced prisoners. In world (in particular as regards visits) several countries, the CPT observed that were extremely limited and significantly life-sentenced prisoners were also sub- lower than those of other sentenced jected to a very impoverished regime prisoners. and draconian security measures. By 72. In some of the above-mentioned way of example, life-sentenced prison- countries, steps have been taken in ers were locked up in their cells (alone recent years by the prison authorities or in pairs) for 23 hours per day, were to alleviate the detention conditions not allowed to associate even with of life-sentenced prisoners, in particu- life-sentenced prisoners from other cells lar, by offering the prisoners work and (including during outdoor exercise), other purposeful activities (including were not allowed to work outside their more association with other life-sen- cell or were not offered any purposeful tenced prisoners) and by following a activities at all. Further, in several coun- more individualised approach when tries, life-sentenced prisoners were it comes to the imposition of security systematically handcuffed and/or strip- measures. However, much remains to be done to render the situation satisfac- searched whenever they left their cells. tory. Regrettably, policies regarding the In some establishments, the prisoners execution of sentences are still all too concerned were additionally escorted often based on the presumption that by two officers and a guard dog during life-sentenced prisoners are by defini- any movement outside their cell. tion particularly dangerous and that the Moreover, in a number of establish- regime applied to such prisoners should ments visited, prisoners were subjected in one way or another also have a puni- to anachronistic rules, the sole aim of tive character. which was to further punish and humil- The CPT wishes to stress once again that iate the prisoners concerned (e.g. pro- there can be no justification for the sys- hibition to lie down on the bed during tematic handcuffing or strip-searching the day, obligation to recite the relevant of prisoners, all the more so when it is article of the criminal code under which applied in an already secure environ- they had been convicted, each time an ment. The Committee has also repeat- officer opened the cell door, obligation edly stated that the use of dogs inside to wear a prison uniform of a distinct the detention area is unacceptable. In colour, etc.). In the CPT’s view, such this connection, the Committee wishes practices clearly have a dehumanising to emphasise that the experience in var- humiliating effect and are unacceptable. ious European countries has shown that life-sentenced prisoners are not necessar- 10. In some countries (e.g. the Czech Republic, ily more dangerous than other prisoners Lithuania and the Slovak Republic), life-sen- (see also paragraph 76). Further, as a tenced prisoners must serve a certain period matter of fact, life-sentenced prisoners (between 10 and 15 years) in a separate – as indeed all prisoners – are sent to unit before they may be transferred to an ordinary detention unit where they can prison as a punishment and not to receive associate with other sentenced prisoners. punishment.

General Report of the CPT, 2015 ► Page 36 “Life means life” objectives defined at the outset of the sentence, and reviewed regularly 73. As indicated above, in several thereafter. This would provide not only Council of Europe member states, hope for the prisoner, but also a target a person may be sentenced to life to aim for which should motivate posi- imprisonment without any prospect tive behaviour. It would thus also assist of conditional release. This is known prison administrations in dealing with as an “actual or whole life sentence”. individuals who would otherwise have The CPT has criticised the very no hope and nothing to lose. principle of such sentences in several visit reports, expressing serious The European Court of Human Rights reservations regarding the fact that a has in recent years examined a num- person sentenced to life imprisonment ber of cases where domestic courts had is considered once and for all to be imposed life sentences on prisoners with dangerous and is deprived of any no possibility for early or conditional hope of conditional release (except on release and where, barring compassion- compassionate grounds or by pardon). ate or highly exceptional circumstances, The Committee maintains that to a whole life sentence meant precisely incarcerate a person for life without that. The most authoritative judgment any real prospect of release is, in its of the Court to date, delivered by the view, inhuman. It is also noteworthy Grand Chamber in Vinter and Others v. 11 that even persons who are convicted the United Kingdom, states that it was by the International Criminal Court (or incompatible with human dignity, and special international tribunals) of the therefore contrary to Article 3 of the most serious crimes such as genocide, European Convention on Human Rights, war crimes and crimes against humanity for a state to deprive a person of their may in principle benefit at a certain freedom without at least giving them a stage from conditional (early) release. chance one day to regain that freedom. Indeed, the CPT considers that a prison Three main consequences can be drawn sentence which offers no possibility of from the existing case-law of the Court. release precludes one of the essential The legislation of member states must justifications of imprisonment itself, henceforth provide for a time during the possibility of rehabilitation. While the serving of the sentence when there punishment and public protection are will be a possibility to review that sen- important elements of a prison sen- tence. Furthermore, member states tence, excluding from the outset any must establish a procedure whereby hope of rehabilitation and return to the sentence will be reviewed. Finally, the community effectively dehuman- detention in prison must be organised ises the prisoner. This is not to say that in such a way as to enable life-sen- all life-sentenced prisoners should be tenced prisoners to progress towards released sooner or later; public pro- their rehabilitation. tection is a crucial issue. However, all such sentences should be subject to a meaningful review at some stage, based on individualised sentence-planning 11. See Vinter and Others v. the UK [GC], nos. 66069/09, 130/10 and 3896/10, 9 July 2013.

Situation of life-sentenced prisoners ► Page 37 The basic objectives and prin- ►► the progression principle: life-sen- ciples for the treatment of life- tenced prisoners should be encou- sentenced prisoners raged and enabled to move through their sentence to improved condi- 74. In the CPT’s view, the objectives tions and regimes on the basis of and principles for the treatment of their individual behaviour and co- life-sentenced prisoners enuncia- operation with programmes, staff ted by the Committee of Ministers in and other prisoners. Recommendation Rec (2003) 23 on the management by prison administrations Establishing these principles of life sentence and other long-term in practice prisoners remains the most pertinent and comprehensive reference docu- 75. Prisons must be safe, secure and ment for this group of prisoners. In ordered, for the sake of all who become summary, these principles are: involved with them. Since being locked up, especially for an unknown period, ►► the individualisation principle: each life sentence must be based on an is inherently damaging for almost all individual sentence plan, which is human beings, steps must be taken tailored to the needs and risks of to minimise the damage. One impor- the prisoner; tant method of achieving this for life-­ sentenced prisoners is to give them a ►► the normalisation principle: life- definite date for the first review for pos- sentenced prisoners should, like sible release, and a tailored individual all prisoners, be subject only to the programme which provides a realistic restrictions that are necessary for series of interventions for each prisoner their safe and orderly confinement; leading towards that date. Of course, this ►► the responsibility principle: life-­ programme will require regular review, sentenced prisoners should be but the objective should always be to given opportunities to exercise per- engage the prisoner in its development sonal responsibility in daily prison and to provide the prisoner with staging life, including in sentence planning; posts and feedback on performance. ►► the security and safety principles: a As a result, such a programme should clear distinction should be made ensure that all life-sentenced prisoners between any risks posed by life- are given the opportunity to address sentenced prisoners to the external all aspects of their situation before the community and any risks posed by date of their first review. This should also them to other prisoners and persons entail time spent in less secure condi- working in or visiting the prison; tions, especially on leave in the com- ►► the non-segregation principle: life- munity towards the end of the period, sentenced prisoners should not to ensure that the risk and needs mana- be segregated on the sole ground gement plan will function outside a of their sentence, but be allowed secure environment. Continuity of care to associate with other prisoners in the community is crucial to successful on the basis of risk assessments re­integration, and a plan for this should which take into account all rele- be established well before the release vant factors; date.

General Report of the CPT, 2015 ► Page 38 Individualisation by professional judgment.12 The resulting analysis and plan, which 76. Meeting these general principles should be shared as far as possible requires individualisation of sentence with the prisoner, becomes a source planning. The CPT proceeds from document for all persons working with the knowledge, based on its own the prisoner. It should be reviewed on ex­perience as well as that of many a regular basis, with feedback given to prison administrations, that life- the prisoner. sentenced prisoners are not necessarily more dangerous than other prisoners Implementing the sentence (see also paragraph 72); many of them plan have a long-term interest in a stable and 77. The guiding principles in implemen- conflict-free environment. Equally, those ting the sentence plan are very much the who start their sentence as dangerous same as for all prisoners. Prisoners should may well become significantly less not be subject to any restrictions which so, not just with the passage of time are not required for the maintenance during lengthy sentences but also with of good order, security and discipline targeted interventions and humane within the prison. In particular, the level treatment. After the imposition of of security applied to each individual the life sentence, individualisation should be proportionate to the risk should continue through the process presented by the person. The nature of of sentence planning based on an the offence is only one factor in asses- assessment of the individual situation. sing this. As a matter of principle, the This requires a lengthy preliminary im­position of the detention regime of life- assessment, preferably conducted in sentenced prisoners should lie with the pri- a dedicated place with appropriate son authorities and always be based on staff in the form of experienced and an individual assessment of the prisoner’s specially trained prison officers, situation, and not be the automatic result psychologists, educators and social of the type of sentence imposed (i.e. the workers. A psychiatrist should also be sentencing judge should not determine involved when there are indications of the regime). possible mental health issues. The task 78. Equally, except in the assessment of that team, working in co-operation phase, life-sentenced prisoners should with the prisoner, is to develop as not routinely be kept apart from other full an understanding as possible of sentenced prisoners, although it would the prisoner’s situation, both inside not be objectionable for long-term a custodial environment and in the prisoners to be kept apart from very community, and the needs the prisoner short-term prisoners. The length of has for particular interventions to render sentence does not necessarily bear the stay in prison as beneficial as possible any relationship to the level of risk in terms of resolving identified needs and preparation for release. Use should 12. See Recommendation CM/Rec (2014) 3 of the Committee of Ministers of the Council be made of accredited risk and needs of Europe to member States concerning assessment instruments, supplemented dangerous offenders.

Situation of life-sentenced prisoners ► Page 39 life-sentenced prisoners may represent and after the custodial part of the sen- inside a prison, and the principle of nor- tence. The involvement of prisoners malisation requires that life-sentenced in these activities, in addition to their prisoners can at least associate with participation in offending behaviour other long-term prisoners who have a interventions, represents a significant predetermined release date. The, albeit factor in the ongoing assessment of limited, turnover this can create refres- each person’s performance. They allow hes the experience of prison for those staff of all grades to better understand who are to be incarcerated for a very prisoners and enable the staff to make long time. informed judgments as to when it would be appropriate for the prisoner Concentrating life-sentenced prisoners to progress through the regime and be in a specialised prison also necessarily trusted with lower security conditions. results in many such prisoners being The possibility of such progression is kept very far from their families and crucial, for the management of the outside contacts. A life sentence will in prison and for the prisoner. It motivates any event put a good deal of pressure and rewards the prisoner, providing on these relationships; compounding staging posts in their otherwise inde- that by locating the prisoner a signifi- terminate world, and ensures a deeper cant distance away from home reduces relationship between the assessing staff the possibility of maintaining what is a and the prisoner, which contributes to crucial element in promoting resocial- dynamic security. isation. Further, no additional restric- tions should be imposed on life-sen- Indeed, the effective implementation of tenced prisoners as compared to other dynamic security should make a crucial sentenced prisoners when it concerns contribution to the process of assessing the possibilities for them to maintain when it is safe to allow the individual meaningful contact with their families prisoner access to the community, ini- and other close persons. During the tially in the form of escorted short leave, first years of imprisonment in particular, then moving on to unescorted over- restrictions on contacts are likely to dis- night leave and finally to conditional rupt or even destroy such relationships. release into the community. Good staff It is also important that life-sentenced will have developed an in-depth under- prisoners have genuine access on as standing of the individual, which they regular a basis as possible to visits, tele- can share with decision-making bod- phone calls, letters, newspapers, radio ies and with those who will take over responsibility for supervision and sup- and television to maintain their sense of port in the community. Many existing contact with the outside world. systems make poor use of staff, espe- 79. Life-sentenced prisoners should cially basic-grade security staff who usu- have access to as full a regime of activities ally spend by far the most time with the as possible, and normally in association prisoners. They are often discouraged with other prisoners. Work, education, – or forbidden – from getting to know sports, cultural activities and hobbies the prisoners and thus a great oppor- not only help pass the time, but are also tunity for developing positive relation- crucial in promoting social and mental ships between staff and prisoners is lost. health well-being and imparting trans- Such relationships, within appropriate ferable skills which will be useful during parameters, not only enhance security

General Report of the CPT, 2015 ► Page 40 but can also help motivate prisoners to prisoners to ensure that this is in accor- co-operate with regimes and give staff a dance with their individual risk they pre- much more positive experience of prison sent, both in custody and to the outside work than is available to a community, and not simply in response acting purely as a turn-key. Of course, to the sentence which has been imposed this requires appropriate staff selection, on them. In particular, steps should be training, supervision and support from taken by the member states concerned other professionals in the system. But the to abolish the legal obligation of keeping benefits, as experienced by several mem- life-sentenced prisoners separate from ber states and observed by the CPT, are other (long-term) sentenced prisoners manifest. and to put an end to the systematic use of security measures such as handcuffs 80. There are undoubtedly some inside the prison. life-sentenced prisoners who are very dangerous. However, the approach should 82. Further, all possible efforts should be the same as for other sentenced prisoners be made to provide life-sentenced pris­ and includes: detailed assessments of oners with a regime tailored to their the individual situation of the prisoners needs and help them reduce the level of concerned; risk management with plans risk they pose, to minimise the damage to address the individual’s needs and to that indeterminate sentences necessa- reduce the likelihood of re-offending in the rily cause, to keep them in touch with longer term, while affording the necessary the outside world, offer them the possi­ level of protection to others; regular reviews bility of release into the community of security measures. The objective, as under licence and ensure that release with all dangerous prisoners, should be can be safely granted, at least in the to reduce the level of dangerousness by overwhelming majority of cases. To this appropriate interventions and return the end, procedures should be put in place prisoners to normal circulation as soon as which allow for a review of the sentence. possible. Obviously, having a purely formal possi- bility to apply for release after a certain Conclusion amount of time is not sufficient; member states must ensure, notably through the 81. The CPT calls upon member states to way they treat life-sentenced prisoners, review their treatment of life-sentenced that this possibility is real and effective.

Situation of life-sentenced prisoners ► Page 41 The 4m² per prisoner standard may still lead to cramped conditions when it comes to cells for a low number of inmates

General Report of the CPT, 2015 ► Page 42 Living space per prisoner in prison establishments

83. In December 2015, the CPT These minimum standards of living published a document13 on its standards space should exclude the sanitary regarding the minimum living space facilities within a cell. Consequently, that a prisoner should be afforded in a a single-occupancy cell should mea- cell. While these standards have been sure 6m² plus the space required for a frequently used by the CPT since the sanitary annexe (usually 1m² to 2m²). 1990s in a large number of visit reports, Equally, the space taken up by the san- they had so far not been brought toge- itary annexe should be excluded from ther in a single document. In recent the calculation of 4m² per person in years, interest in these standards has multiple-occupancy cells. Further, in increasingly been expressed, both at the any cell accommodating more than one national level (among prison authorities, prisoner, the sanitary annexe should be national detention monitoring bodies fully partitioned. such as national preventive mechanisms Additionally, the CPT considers that any established under the OPCAT, domestic cell used for prisoner accommodation courts, NGOs, etc.) and at the internatio- should measure at least 2m between nal level, not least because of the wides- the walls of the cell and 2.5m between pread problem of prison overcrowding the floor and the ceiling. and its consequences. 85. The 4m² per prisoner standard may 84. The CPT’s minimum standards for still lead to cramped conditions when personal living space in prison establish- it comes to cells for a low number of ments are as follows: inmates. Indeed, given that 6m² is the ►► 6m² of living space for a single- minimum amount of living space to be occupancy cell; afforded to a prisoner accommodated in a single-occupancy cell, it is not self- ►► 4m² of living space per prisoner in evident that a cell of 8m² will provide a multiple-occupancy cell. satisfactory living space for two priso- ners. In the CPT’s view, it is appropriate 13. “Living space per prisoner in prison estab- lishments: CPT standards” (CPT/Inf (2015) at least to strive for more living space 44), published on 15 December 2015. than this. Thus, the CPT has decided

► Page 43 to promote “desirable” standards all prison establishments in Council of regarding multiple-occupancy cells of Europe member states, and hopes that up to four inmates by adding 4m² per more and more countries will strive to addition­al inmate to the minimum living meet the CPT’s “desirable” standards for space of 6m² of living space for a single- multiple-occupancy cells, in particular occupancy cell: when constructing new prisons. ►► 2 prisoners: at least 10m² (6m² + 4m²) of living space + sanitary 87. The CPT seeks to provide guidelines annexe; to practitioners and other interested ►► 3 prisoners: at least 14m² (6m² parties, by clearly stating the CPT’s mini- + 8m²) of living space + sanitary mum standards regarding living space for annexe; prisoner(s) in a given cell. Ultimately, it is ►► 4 prisoners: at least 18 m² (6m² + for the courts to decide whether a parti- 12m²) of living space + sanitary cular person has experienced suffering annexe. that has reached the threshold of inhu- In other words, it would be desirable for man or degrading treatment within the a cell of 8 to 9m² to hold no more than meaning of Article 3 of the ECHR, taking one prisoner, and a cell of 12m² no more into account all kinds of factors, including than two prisoners. the individual’s personal constitution. 86. The CPT expects that the above- The number of square metres available mentioned minimum living space stand­ per person is but one factor, albeit often ards will be systematically applied in a very significant or even decisive one.

General Report of the CPT, 2015 ► Page 44

The composition of the CPT underwent important changes, mainly as a direct result of the biennial renewal of its membership Organisational matters

CPT membership Lukasová (Czech Republic), Arta Mandro (Albania), Philippe Mary (Belgium), 88. On 31 December 2015, the CPT Katja Šugman Stubbs (Slovenia) and comprised 42 members. The seats in Elisabetta Zamparutti (Italy). respect of Azerbaijan, Malta, Portugal, Romania and the Russian Federation Further, nine members were re-elected: were vacant. Joan Cabeza Gimenez (Andorra), Marzena Ksel (Poland), Maria Rita Twenty-four of the CPT’s members were Morganti (San Marino), Costakis men and 18 were women. Consequently, Paraskeva (Cyprus), Jari Pirjola (Finland), applying the “less-than-40%” criterion Ilvija Pūce (Latvia), Vytautas Raškauskas used by the Parliamentary Assembly (Lithuania), Ivona Todorovska (“the for- 14 in Resolution 1540 (2007) , neither sex mer Yugoslav Republic of Macedonia”) is currently under-represented in the and Olivera Vulić (Montenegro). Committee. In parallel, 11 members left the CPT 89. In the course of 2015, the compo- on the expiry of their terms of office sition of the CPT underwent important on 19 December 2015: Celso José changes, mainly as a direct result of the Das Neves Manata (Portugal), Maïté biennial renewal of its membership. De Rue (Belgium), Dan Dermengiu A total of eight new members were (Romania), Haritini Dipla (Greece), elected, namely Dagmar Breznoščáková Andreana Esposito (Italy), Lәtif Hüseynov (Slovak Republic), Matthias Halldórsson (Azerbaijan), Natalia Khutorskaya (Iceland), Vassilis Karydis (Greece), Marie (Russian Federation), Alfred Koçobashi (Albania), Anna Lamperová (Slovak Republic), Andrés Magnússon (Iceland) 14. See Resolution 1540 (2007), sub-paragraph 7.2 of the Council of Europe’s Parliamentary and Jan Pfeiffer (Czech Republic). In Assembly on improving selection proce- addition, Ivan Mifsud (Malta) resigned dures for CPT members: “[…] lists of can- on 12 February 2015. The CPT wishes to didates shall include at least one man and warmly thank all the aforementioned one woman, except when all candidates on the list are of the sex under-represented on members for their contribution to the the CPT (less than 40%) […]”. Committee’s work.

► Page 47 A list of all current CPT members is set must be transparent and open to com- out in Appendix 4. petition, including through public calls for candidatures”. Indeed, this is the only 90. The next biennial renewal of the way of ensuring that all persons placed CPT’s membership is due to take place on lists of candidates are capable of at the end of 2017, the terms of office of making an effective contribution to the 24 members of the Committee expiring CPT’s activities. on 19 December 2017. The CPT trusts that all the national delegations concer- ned in the Parliamentary Assembly will Bureau of the CPT put forward candidates in good time, so as to enable the Bureau of the Assembly 91. Elections for the Bureau were held to transmit the lists of names to the at the Committee’s March 2015 plenary Committee of Ministers by the end of meeting, on the expiry of the previous June 2017 at the latest. If the election Bureau’s two-year term of office. Mykola procedure for all the seats can be com- Gnatovskyy (Ukraine) was elected pleted before the end of 2017, this will President, Maïté De Rue (Belgium) was greatly facilitate the planning of the elected 1st Vice-President and Wolfgang CPT’s activities for the following year. Heinz (Germany) 2nd Vice-President. After the expiry of Maïté De Rue’s term The spread of professional experience of office on 19 December 2015, in accor- within the CPT’s membership remains on dance with Rule 7 of the Committee’s the whole satisfactory; the Committee Rules of Procedure, Wolfgang Heinz possesses in particular a significant became Acting 1st Vice-President number of psychiatrists. However, it still and Antonius Maria Van Kalmthout needs more members with first-hand (Netherlands), the Committee member knowledge and experience in dealing having precedence in accordance with with police and/or prison matters (nota- Rule 3 of the Rules of Procedure, became bly prison health care specialists) as well Acting 2nd Vice-President (pending the as prosecutors and forensic doctors. election of a new 1st Vice-President). Members with specific experience of working with juveniles deprived of their liberty would also be an asset. Secretariat of the CPT In an increasing number of countries, 92. Despite some improvements since lists of candidates for vacant seats in the last reporting period, the staffing the Committee are being drawn up in situation of the CPT Secretariat remai- a manner that meets the requirements ned under strain in 2015. In particular, of Parliamentary Assembly Resolution the Deputy Executive Secretary con­ 1540 (2007) on improving selection tinued to be absent for most of the procedures for CPT members. The year, without being replaced. Further, Committee hopes that this will soon one experienced administrator left be the case in all countries. As the the Secretariat to take up other duties Parliamentary Assembly emphasised in within the Council of Europe, and two its Resolution 1923 (2013) on reinforc- administrators were on extended leave ing the selection processes for mem- for personal reasons during the whole bers of key Council of Europe human of 2015. Replacements for the adminis- rights monitoring mechanisms, “at the trators concerned have been recruited national level, selection procedures on a temporary basis. In addition, an

General Report of the CPT, 2015 ► Page 48 experienced principal administrator hopes that the staffing situation will returned to the CPT’s Secretariat in become more stable in 2016. On a posi- October 2015 on a temporary basis. tive note, the Committee welcomes the Inevitably, the aforementioned devel- fact that the Council of Europe budget opments had an adverse effect on the and programme of activities for the operational capacities of the Committee, years 2016-2017 makes provision for the despite the professionalism and com- reinforcement of the CPT’s staff with one mitment of all Secretariat staff. The CPT additional post of administrator.

Organisational matters ► Page 49 … unlimited access to any place where persons are deprived of their liberty … Appendices

1. The CPT’s mandate and modus operandi

The European Committee for the on places where persons deprived of Prevention of Torture and Inhuman or their liberty are being held, as well as to Degrading Treatment or Punishment other information available to the state (CPT) was set up under the 1987 Council which is necessary for the Committee to of Europe Convention of the same carry out its task. name (hereinafter “the Convention”). The Committee is also entitled to inter- According to Article 1 of the Convention: view in private persons deprived of their “There shall be established a European liberty and to communicate freely with Committee for the Prevention of Torture anyone whom it believes can supply and Inhuman or Degrading Treatment relevant information. or Punishment... The Committee shall, by means of visits, examine the treat- Each Party to the Convention must per- ment of persons deprived of their lib- mit visits to any place within its juris- erty with a view to strengthening, if diction “where persons are deprived necessary, the protection of such per- of their liberty by a public author- sons from torture and from inhuman or ity”. The CPT’s mandate thus extends degrading treatment or punishment.” beyond prisons and police stations to The work of the CPT is designed to be an encompass, for example, psychiatric integrated part of the Council of Europe institutions, detention areas at military system for the protection of human barracks, holding centres for asylum rights, placing a proactive non-judicial seekers or other categories of foreign mechanism alongside the existing reac- nationals, and places in which young tive judicial mechanism of the European persons may be deprived of their liberty Court of Human Rights. by judicial or administrative order. The CPT implements its essentially pre- Two fundamental principles govern rela- ventive function through two kinds of tions between the CPT and parties to the visits – periodic and ad hoc. Periodic Convention – co-operation and confiden- visits are carried out to all parties to the tiality. In this respect, it should be empha- Convention on a regular basis. Ad hoc sised that the role of the Committee is not visits are organised in these states when to condemn states, but rather to assist they appear to the Committee “to be them to prevent the ill-treatment of per- required in the circumstances”. sons deprived of their liberty. When carrying out a visit, the CPT After each visit, the CPT draws up a enjoys extensive powers under the report which sets out its findings and Convention: access to the territory of includes, if necessary, recommendations the state concerned and the right to and other advice, on the basis of which travel without restriction; unlimited a dialogue is developed with the state access to any place where persons are concerned. The Committee’s visit report deprived of their liberty, including the is, in principle, confidential; however, right to move inside such places without most of the reports are eventually pub- restriction and access to full information lished at the state’s request.

► Page 51 2. Signatures and ratifications of the Convention establishing the CPT The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ECPT) was opened for signature by the member states of the Council of Europe on 26 November 1987. Since 1 March 2002, the Committee of Ministers of the Council of Europe has been able to invite any non-member state of the Council of Europe to accede to the Convention.

Member states Date of Date of Date of entry of the Council of Europe signature ratification into force Albania 02/10/1996 02/10/1996 01/02/1997 Andorra 10/09/1996 06/01/1997 01/05/1997 Armenia 11/05/2001 18/06/2002 01/10/2002 Austria 26/11/1987 06/01/1989 01/05/1989 Azerbaijan 21/12/2001 15/04/2002 01/08/2002 Belgium 26/11/1987 23/07/1991 01/11/1991 Bosnia and Herzegovina 12/07/2002 12/07/2002 01/11/2002 Bulgaria 30/09/1993 03/05/1994 01/09/1994 Croatia 06/11/1996 11/10/1997 01/02/1998 Cyprus 26/11/1987 03/04/1989 01/08/1989 Czech Republic 23/12/1992 07/09/1995 01/01/1996 Denmark 26/11/1987 02/05/1989 01/09/1989 Estonia 28/06/1996 06/11/1996 01/03/1997 Finland 16/11/1989 20/12/1990 01/04/1991 France 26/11/1987 09/01/1989 01/05/1989 Georgia 16/02/2000 20/06/2000 01/10/2000 Germany 26/11/1987 21/02/1990 01/06/1990 Greece 26/11/1987 02/08/1991 01/12/1991 Hungary 09/02/1993 04/11/1993 01/03/1994 Iceland 26/11/1987 19/06/1990 01/10/1990 Ireland 14/03/1988 14/03/1988 01/02/1989 Italy 26/11/1987 29/12/1988 01/04/1989 Latvia 11/09/1997 10/02/1998 01/06/1998 Liechtenstein 26/11/1987 12/09/1991 01/01/1992 Lithuania 14/09/1995 26/11/1998 01/03/1999 Luxembourg 26/11/1987 06/09/1988 01/02/1989 Malta 26/11/1987 07/03/1988 01/02/1989 Republic of Moldova 02/05/1996 02/10/1997 01/02/1998 Monaco 30/11/2005 30/11/2005 01/03/2006 Montenegro 06/06/2006 * Netherlands 26/11/1987 12/10/1988 01/02/1989 Norway 26/11/1987 21/04/1989 01/08/1989 Poland 11/07/1994 10/10/1994 01/02/1995 Portugal 26/11/1987 29/03/1990 01/07/1990 Romania 04/11/1993 04/10/1994 01/02/1995 Russian Federation 28/02/1996 05/05/1998 01/09/1998 San Marino 16/11/1989 31/01/1990 01/05/1990 Serbia 03/03/2004 03/03/2004 01/07/2004 Slovak Republic 23/12/1992 11/05/1994 01/09/1994 Slovenia 04/11/1993 02/02/1994 01/06/1994 Spain 26/11/1987 02/05/1989 01/09/1989 Sweden 26/11/1987 21/06/1988 01/02/1989 Switzerland 26/11/1987 07/10/1988 01/02/1989 “The former Yugoslav Republic of Macedonia” 14/06/1996 06/06/1997 01/10/1997 Turkey 11/01/1988 26/02/1988 01/02/1989 Ukraine 02/05/1996 05/05/1997 01/09/1997 United Kingdom 26/11/1987 24/06/1988 01/02/1989

* On 14 June 2006, the Committee of Ministers of the Council of Europe agreed that the Republic of Montenegro was a Party to the Convention with effect from 6 June 2006, the date of the Republic’s declaration of succession to the Council of Europe Conventions of which Serbia and Montenegro was a signatory or party.

General Report of the CPT, 2015 ► Page 52 3. The CPT’s field of operations

Note: This map is not an official representation of states bound by the Convention. For technical reasons it has not been possible to show the entire territory of certain of the states concerned.

States bound by the Convention

Albania Estonia Luxembourg Slovak Republic Andorra Finland Malta Slovenia Armenia France Republic of Moldova Spain Austria Georgia Monaco Sweden Azerbaijan Germany Montenegro Switzerland Belgium Greece Netherlands “The former Bosnia and Hungary Norway Yugoslav Republic of Herzegovina Iceland Poland Macedonia” Bulgaria Ireland Portugal Turkey Croatia Italy Romania Ukraine Cyprus Latvia Russian Federation United Kingdom Czech Republic Liechtenstein San Marino Denmark Lithuania Serbia

47 states; prison population: 1 602 046 prisoners (Main source: Council of Europe Annual Penal Statistics (SPACE I – 2014.1); data as at 1 September 2014) It should be noted that, as well as prisons, the CPT’s mandate covers all other categories of places where persons are deprived of their liberty: police establishments, detention centres for juveniles, military detention facilities, immigration holding centres, psychiatric hospitals, social care homes, etc.

Appendices ► Page 53

4. CPT members in order of precedence (as at 31 December 2015)15

Term of office Name Elected in respect of expires Mr Mykola GNATOVSKYY, President Ukraine 19/12/2017 Mr Wolfgang HEINZ, Germany 19/12/2017 Acting 1st Vice-President Mr Antonius Maria VAN KALMTHOUT, Netherlands 19/12/2017 Acting 2nd Vice-President Mr George TUGUSHI Georgia 19/12/2017 Mr Xavier RONSIN France 19/12/2017 Ms Olivera VULIĆ Montenegro 19/12/2019 Ms Maria Rita MORGANTI San Marino 19/12/2019 Ms Ilvija PŪCE Latvia 19/12/2019 Ms Marzena KSEL Poland 19/12/2019 Mr Georg HØYER Norway 19/12/2017 Ms Anna MOLNÁR Hungary 19/12/2017 Ms Marika VÄLI Estonia 19/12/2017 Ms Julia KOZMA Austria 19/12/2017 Mr Régis BERGONZI Monaco 19/12/2017 Mr James McMANUS United Kingdom 19/12/2017 Mr Joan CABEZA GIMENEZ Andorra 19/12/2019 Mr Jari PIRJOLA Finland 19/12/2019 Mr Djordje ALEMPIJEVIĆ Serbia 19/12/2017 Mr Vytautas RAŠKAUSKAS Lithuania 19/12/2019 Mr Costakis PARASKEVA Cyprus 19/12/2019 Ms Ivona TODOROVSKA “the former Yugoslav 19/12/2019 Republic of Macedonia” Ms María José GARCÍA-GALÁN SAN MIGUEL Spain 19/12/2017 Mr Davor STRINOVIĆ Croatia 19/12/2017 Mr Nico HIRSCH Luxembourg 19/12/2017 Mr Alexander MINCHEV Bulgaria 19/12/2017 Mr Hans WOLFF Switzerland 19/12/2017 Mr Victor ZAHARIA Republic of Moldova 19/12/2017 Ms Esther MAROGG Liechtenstein 19/12/2017 Mr Per GRANSTRÖM Sweden 19/12/2017 Ms Dubravka SALČIĆ Bosnia and Herzegovina 19/12/2017 Mr Ömer MÜSLÜMANOĞLU Turkey 19/12/2017 Ms Therese Maria RYTTER Denmark 19/12/2017 Ms Inga HARUTYUNYAN Armenia 19/12/2019 Mr Mark KELLY Ireland 19/12/2019 Ms Katja ŠUGMAN STUBBS Slovenia 19/12/2017 Mr Matthías HALLDÓRSSON Iceland 19/12/2019 Mr Vassilis KARYDIS Greece 19/12/2019 Mr Philippe MARY Belgium 19/12/2019 Ms Arta MANDRO Albania 19/12/2019 Ms Elisabetta ZAMPARUTTI Italy 19/12/2019 Ms Dagmar BREZNOŠČÁKOVÁ Slovak Republic 19/12/2019 Ms Marie LUKASOVÁ Czech Republic 19/12/2019

15. On this date, the seats in respect of Azerbaijan, Malta, Portugal, Romania and the Russian Federation were vacant.

Appendices ► Page 55 5. CPT Secretariat (as at 31 December 2015)

Mr Jeroen SCHOKKENBROEK, Executive Secretary Secretariat: Ms Corinne GOBERVILLE, Personal assistant Ms Antonella NASTASIE, Assistant to the Committee Mr Fabrice KELLENS, Deputy Executive Secretary

Central section Mr Marco LEIDEKKER, Principal Administrative Officer Mr Patrick MÜLLER, Research, information strategies and media contacts Ms Claire ASKIN, Archives, publications and documentary research Ms Morven TRAIN, Administrative, budgetary and staff questions Ms Nadine SCHAEFFER, Assistant

General Report of the CPT, 2015 ► Page 56 Divisions responsible for visits16 17

Division 1 Mr Michael NEURAUTER, Head of Division Note en blanc Mr Petr HNATIK Mr Julien ATTUIL Mr Sebastian RIETZ Ms Yvonne HARTLAND, Administrative Assistant Secretariat Ms Nelly TASNADI Albania Germany Norway Austria Hungary San Marino Belgium Kosovo17 Slovak Republic Czech Republic Latvia Switzerland Estonia Lithuania Turkey France Luxembourg

Division 2 Mr Borys WODZ, Head of Division Mr Elvin ALIYEV Ms Dalia ŽUKAUSKIENĖ Secretariat Ms Natia MAMISTVALOVA Armenia Georgia Romania Azerbaijan Iceland Russian Federation Bulgaria Republic of Moldova Slovenia Denmark Monaco Sweden Finland Poland Ukraine

Division 3 Mr Hugh CHETWYND, Head of Division Mr Cristian LODA Ms Francesca GORDON Ms Janet FOYLE Ms Françoise ZAHN, Administrative Assistant Secretariat Ms Diane PENEAU Andorra Italy Serbia Bosnia and Herzegovina Liechtenstein Spain Croatia Malta “The former Yugoslav Cyprus Montenegro Republic of Macedonia” Greece Netherlands United Kingdom Ireland Portugal

16. The Executive and Deputy Executive Secretaries are directly involved in certain operational activities of the divisions. 17. All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.

Appendices ► Page 57 6. Publication of CPT visit reports (as at 31 December 2015) Visits carried out in pursuance of Article 7 of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment Reports Periodic Ad hoc Reports Reports States not pub- visits visits sent published lished Albania 5 6 11 9 2 Andorra 3 0 3 3 0 Armenia 4 5 8 8 0 Austria 6 0 6 6 0 Azerbaijan 3 6 9 2 7 Belgium 6 1 8 a 7 a 1 Bosnia and Herzegovina 4 3 6 5 1 Bulgaria * 6 4 10 10 0 Croatia 4 0 4 4 0 Cyprus 6 0 6 6 0 Czech Republic 5 2 7 7 0 Denmark 5 1 6 6 0 Estonia 4 1 5 5 0 Finland 5 0 5 5 0 France 6 6 11 11 0 Georgia 5 2 7 7 0 Germany 6 2 7 7 0 Greece 6 6 12 11 1 k Hungary 5 3 7 7 0 Iceland 4 0 4 4 0 Ireland 6 0 6 6 0 Italy 6 5 10 10 0 Latvia 4 3 7 7 0 Liechtenstein 3 0 3 3 0 Lithuania 4 1 5 5 0 Luxembourg * 4 1 5 5 0 Malta 5 3 7 7 0 Republic of Moldova * 6 8 13 10 b 3 c Monaco 2 0 2 2 0 Montenegro 2 0 2 2 0 Netherlands 5 5 12 d 12 d 0 Norway 4 1 5 5 0 Poland 5 0 5 5 0 Portugal 6 3 9 9 0 Romania 5 5 9 e 9 e 0 Russian Federation 6 18 21 f 3 18 San Marino 4 0 4 4 0 Serbia 4 g 0 4 g 3 g 1 k Slovak Republic 5 0 5 5 0 Slovenia 4 0 4 4 0 Spain 6 8 14 14 0 Sweden 5 1 6 5 1 k Switzerland 6 1 7 6 1 k “The former Yugoslav Republic of Macedonia” 5 6 11 10 1 k Turkey 6 20 24 h 23 i 1 k Ukraine * 6 6 12 12 0 United Kingdom 7 10 18 j 18 j 0 * States having agreed to an automatic publication procedure. (a) Including one report on the visit to Tilburg Prison (Netherlands) in 2011. (b) Covering 11 visits. (c) Two reports concerning visits to the Transnistrian region and one report concerning a visit to Prison No. 8 in Bender. (d) Including a separate report on the visit to Tilburg Prison in the context of the periodic visit in 2011. Also including two separate reports covering the 1994 visit to the Netherlands Antilles and to Aruba. (e) Covering the 10 visits. (f) Covering the 24 visits. (g) Including one visit organised in September 2004 to Serbia and Montenegro. (h) Covering the 26 visits. (i) Covering 25 visits. (j) Including two separate reports covering the 2010 visit to and . (k) Report only recently transmitted to the authorities.

General Report of the CPT, 2015 ► Page 58 Monitoring of the situation of persons convicted by international tribunals and serving their sentence in a State Party to the Convention Germany: Two visits carried out in 2010 and 2013 in pursuance of an Exchange of Letters dated 7 and 24 November 2000 between the International Criminal Tribunal for the former Yugoslavia (ICTY) and the CPT, and an Enforcement Agreement concluded between the ICTY and the Government of the Federal Republic of Germany. Portugal: One visit carried out in 2013 in pursuance of an Exchange of Letters dated 7 and 24 November 2000 between the ICTY and the CPT, and the Agreement between the United Nations and the Portuguese Government on the Enforcement of Sentences of the ICTY. United Kingdom: Three visits carried out in 2005, 2007 and 2010 in pursuance of an Exchange of Letters dated 7 and 24 November 2000 between the ICTY and the CPT, and the Agreement between the United Nations and the Government of the United Kingdom of Great Britain and Northern Ireland on the Enforcement of Sentences of the ICTY. One visit carried out in 2014 in pursuance of an Exchange of Letters between the Residual Special Court for Sierra Leone and the CPT dated 20 January and 5 February 2014, and an Agreement between the United Nations and the United Kingdom Government dated 10 July 2007.

Visits carried out on the basis of specific agreements Kosovo18: Three visits carried out in 2007, 2010 and 2015 on the basis of an agreement signed in 2004 between the Council of Europe and the United Nations Interim Administration Mission in Kosovo (UNMIK), and an exchange of letters concluded in 2006 between the Secretaries General of the Council of Europe and the North Atlantic Treaty Organization (NATO).

18. All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.

Appendices ► Page 59 7. Countries and places of detention visited by CPT delegations January - December 2015

Periodic visits

Armenia

05/10/2015 - 15/10/2015

Police establishments

►► Detention Centre of Yerevan City Police Department

►► Kentron District Police Division, Yerevan

►► Shengavit District Police Division, Yerevan

►► Akhuryan Police Division

►► Ani Police Division, Maralik

►► Armavir Police Division

►► Ashtarak Police Division

►► Dilidjan Police Division

►► Echmiadzin Police Division

►► Hrazdan Police Division

►► Mush Police Division, Gyumri

►► Sevan Police Division

►► Spitak Police Division

►► Talin Police Division

Military establishments

►► Isolator of the Military Police Headquarters, Yerevan

Prisons

►► Armavir Prison

►► Artik Prison (remand prisoners)

►► Nubarashen Prison

►► Vanadzor Prison

►► Yerevan-Kentron Prison

►► Central Prison Hospital (psychiatric ward)

Psychiatric establishments

►► Nubarashen Republican Psychiatric Hospital

►► Gyumri Mental Health Centre

General Report of the CPT, 2015 ► Page 60 Bosnia and Herzegovina

29/09/2015 - 09/10/2015 Police establishments Federation of Bosnia and Herzegovina ►► Konjic Police Station, Canton of Herzegovina-Neretva ►► Mostar Centar Police Station, Canton of Herzegovina-Neretva ►► Novo Sarajevo Police Station, Canton of Sarajevo ►► Tuzla Judicial Police Headquarters ►► Zenica Centar Police Station, Canton of Zenica-Doboj Republika Srpska ►► Banja Luka Centre for Public Security ►► Bijeljina Centre for Public Security ►► Doboj Police Station ►► Istočno Sarajevo Police Station Brčko District ►► Brčko Police Station ►► Brčko Border Police Station Prosecutor’s offices and court facilities Federation of Bosnia and Herzegovina ►► Holding cells at Tuzla Cantonal Prosecutor’s Office Republika Srpska ►► Holding cells at Banja Luka District Prosecutor’s Office ►► Holding cells at Doboj District Prosecutor’s Office ►► Holding cells at Banja Luka District Court Prisons Federation of Bosnia and Herzegovina ►► Mostar Prison ►► Orašje Prison (remand section) ►► Sarajevo Remand Prison ►► Tuzla Prison ►► Zenica Prison Republika Srpska ►► Banja Luka Prison ►► Bijeljina Prison ►► Doboj Prison (remand section) ►► Foča Prison ►► Istočno Sarajevo Prison (targeted interviews) Psychiatric establishments Federation of Bosnia and Herzegovina ►► Koševo Pyschiatric Clinic, University of Sarajevo Clinical Center ►► Jagomir Cantonal Psychiatric Hospital, Sarajevo

Appendices ► Page 61 France

15/11/2015 - 27/11/2015

Law enforcement establishments ►► Albi Police Headquarters ►► Alençon Police Headquarters ►► Aulnay-sous-Bois Police Station ►► Local Reception and Investigation Service, 8th administrative district, Paris ►► Local Reception and Investigation Service, 9th administrative district, Paris ►► Police Headquarters, 14th administrative district, Paris ►► Toulouse Police Headquarters ►► Toulouse-Mirail Police Station ►► Albi Local Gendarmerie Brigade ►► Alençon Local Gendarmerie Brigade ►► Cugnaux Local Gendarmerie Brigade ►► Toulouse-Mirail Gendarmerie Investigation Brigade Prisons ►► Condé-sur-Sarthe Prison ►► Fresnes Remand Prison, including the Regional Medico-Psychological Service (SMPR) ►► Nîmes Remand Prison ►► Villepinte Remand Prison Psychiatric establishments ►► Gérard Marchant Hospital, Toulouse, including the Specially Adapted Psychiatric Hospital Unit for Prisoners (UHSA) and the “Marcel Riser” Long-Term Care Unit (USLD) ►► University Hospital Centre of Toulouse (targeted visit to the UF1 unit for psychiatric treatment without consent) ►► “Louis Crocq” Unit for Difficult Patients (UMD), Albi

Germany

25/11/2015 - 07/12/2015 Bavaria ►► Donauwörth Police Station (Polizeiinspektion) ►► Munich Police Headquarters (Polizeipräsidium, Polizeiinspektion ED 6) ►► Kaisheim Prison ►► Wasserburg am Inn Forensic Psychiatric Clinic Berlin ►► Berlin South-West Police Station (Gewahrsam Südwest) ►► Moabit Prison (targeted visit focusing on remand detention) ►► Plötzensee Prison Hospital (targeted visit focusing on special security measures) ►► St Joseph Psychiatric Hospital, Berlin-Weißensee Brandenburg ►► Brandenburg an der Havel Forensic Psychiatric Clinic

General Report of the CPT, 2015 ► Page 62 Lower Saxony ►► Hannover-Schützenplatz Police Headquarters (Polizeikommissariat) ►► Hannover-Mitte Police Station (Polizeiinspektion) ►► Celle Prison ►► Rosdorf Prison (targeted visit to interview inmates held in preventive detention) Saxony-Anhalt ►► Magdeburg Police Headquarters (Polizeidirektion Sachsen-Anhalt Nord) Thuringia ►► Tonna Prison

Luxembourg

28/01/2015 - 02/02/2015

Police establishments ►► Headquarters, Luxembourg City (Glesener Street) ►► Police Station at Luxembourg Central Railway Station ►► Regional Police Headquarters, Esch-sur-Alzette ►► Directorate, Luxembourg International Airport (including the waiting area premises)

Prisons ►► Luxembourg Prison, Schrassig Establishments for the detention of juveniles ►► State Socio-Educational Centre for Boys, Dreiborn ►► State Socio-Educational Centre for Girls, Schrassig Detention centres for foreign nationals ►► Holding Centre, Findel Other facilities ►► Holding cells of the District Court, Courts of Justice, Luxembourg ►► Secure rooms at Luxembourg Central Hospital

Malta

03/09/2015 - 10/09/2015 Police establishments ►► General Police Headquarters and Lock-up, Floriana ►► Valletta Lock-up below the Courts of Justice, Victoria Lock-up (Gozo) ►► Mosta Police Station ►► Mdina Police Station ►► Rabat Police Station ►► St Julian’s Police Station

Appendices ► Page 63 ►► Sliema Police Station ►► Valletta Police Station ►► Victoria (Gozo) Police Station Prisons ►► Corradino Correctional Facility, including the Young Offenders’ Unit and the Forensic Psychiatric Units at Mount Carmel Hospital Detention centres for foreign nationals ►► Malta International Airport Detention Area ►► Safi Barracks Detention Centre for Immigrants ►► The Reception Centre at Hal Far Psychiatric establishments ►► Mount Carmel Hospital Establishments for the detention of juveniles ►► Fejda and Jeanne Antide Homes for Girls ►► St. Joseph’s Home for Boys Social care establishments ►► Santa Maria project for drug and alcohol rehabilitation Republic of Moldova

14/09/2015 - 25/09/2015

Police establishments ►► Chişinău Police department ►► Bălţi Police Station ►► Cimislia Police Station ►► Donduseni Police Station ►► Drochia Police Station ►► Edinet Police Station ►► Hincesti Police Station ►► Soroca Police Station Prisons ►► Prison No. 6, Soroca ►► Prison No. 7 for women, Rusca ►► Prison No. 10 for juveniles, Goian ►► Prison No. 13, Chişinău ►► Prison No. 16, Pruncul Prison Hospital ►► Prison No. 17, Rezina (units for life-sentenced prisoners) ►► Prison No. 11, Bălţi (recently arrived prisoners) Psychiatric establishments ►► Bălţi Psychiatric Hospital Social care establishments ►► Psychoneurological Home, Brinzeni (Edinet)

General Report of the CPT, 2015 ► Page 64 Serbia

26/05/2015 - 05/06/2015 Police establishments ►► Metropolitan Police Headquarters, 29 November Street, Belgrade ►► Bečej Police Station ►► Holding Premises of the Border Police at Belgrade International Airport “Nikola Tesla” ►► Mladenovac Police Station ►► Niš District Police Station ►► Novi Sad District Police Station ►► Pančevo District Police Station ►► Ruma Police Station ►► Srboboran Police Station Prisons ►► Belgrade District Prison ►► Niš Penal Correctional Institution ►► Pančevo District Prison ►► Sremska Mitrovica Penal Correctional Institution ►► Valjevo Juvenile Correctional Institution ►► Prison Hospital, Belgrade Psychiatric establishments ►► Vršac Special Psychiatric Hospital Social care establishments ►► Veternik Social Care Home

Sweden

18/05/2015 - 28/05/2015

Police establishments ►► Arlanda Airport Police Department, Stockholm ►► Norrmalm Police Department, Stockholm ►► Södermalm Police Department, Stockholm ►► Sollentuna Police Department, Stockholm ►► Solna Police Department, Stockholm ►► Borlänge Police Department ►► Falun Police Department ►► Lund Police Department ►► Malmö Police Department ►► Sundsvall Police Department ►► Växjö Police Department Prisons ►► Falun Remand Prison ►► Kronoberg Remand Prison, Stockholm

Appendices ► Page 65 ►► Malmö Remand Prison ►► Saltvik Prison ►► Sollentuna Remand Prison ►► Växjö Remand Prison ►► Norrtälje Prison (special unit for persons detained under aliens legislation) Detention centres for foreign nationals ►► Migration Agency Detention Centre, Märsta Psychiatric establishments ►► Regional Forensic Psychiatric Clinic, Växjö Switzerland

13/04/2015 - 24/04/2015 Canton of Aargau ►► Lenzburg Prison (inmates subject to institutional therapeutic treatment or preventive detention, including those held in the high-security unit) Canton of Basel-City ►► Kannenfeld Police Station ►► Basel University Psychiatric Clinic for Adults ►► Forensic Psychiatric Clinic (including the separate unit for juveniles and young adults) Canton of Bern ►► Bern Police Headquarters (Waisenhausplatz 32) ►► Bern-Neufeld Police Station (Neubrückstrasse 166) ►► Bern-Ostring Police Station (Brunnadernstrasse 42) ►► Hindelbank Female Prison (inmates subject to institutional therapeutic treatment or preventive detention, including those held in the high-security unit) Republic and Canton of Geneva ►► Geneva Police Headquarters (boulevard Carl-Vogt 17-19) ►► Police Station at Cornavin Railway Station, Geneva ►► Geneva-Pâquis Police Station (rue de Berne 6) ►► Champ-Dollon Prison Republic and Canton of Neuchâtel ►► La Chaux-de-Fonds Police Station (Hôtel-de-Ville) ►► SISPOL Police Station, La Chaux-de-Fonds ►► Neuchâtel Police Headquarters (rue des Poudrières) ►► “La Promenade” Prison, La Chaux-de-Fonds Canton of Ticino ►► Lugano Police Station ►► “La Farera” Judicial Prison ►► “La Stampa” Cantonal Prison Canton of Schwyz ►► Schwyz Cantonal Prison

General Report of the CPT, 2015 ► Page 66 Ad hoc visits

Azerbaijan

15/06/2015 - 22/06/2015

Prisons ►► Penitentiary Establishment (Prison) No. 6, Baku ►► Prison No. 14, Qizildash Establishments for the detention of juveniles ►► Correctional Establishment for Juveniles, Baku

Bulgaria

13/02/2015 - 20/02/2015

Prisons ►► Sofia Investigation Detention Facility (G.M. Dimitrov Boulevard) ►► Sofia Prison ►► Varna Prison ►► Burgas Prison

Greece

14/04/2015 - 23/04/2015 Police establishments Attica Region ►► Agios Pantaleimonas Police Station, Athens ►► Alexander Street Police Headquarters, Athens ►► Amygdaleza Special holding facility for unaccompanied minors ►► Kypseli Police Station, Athens ►► Omonia Police Station, Athens ►► Petrou Ralli Special holding facility for irregular migrants Crete ►► Heraklion Regional Police Headquarters Central Macedonia Region ►► Demokratias Police Station, Thessaloniki ►► Monasteriou General Police Headquarters, Thessaloniki ►► Sindos Police Station, Thessaloniki Peloponnese Region ►► Corinth Pre-departure centre ►► Tripoli Police Station ►► Kalamata Police Station

Appendices ► Page 67 Prisons ►► Alikarnassos Prison, Heraklion ►► Korydallos Men’s Judicial Prison (visited to interview specific prisoners) ►► Korydallos Female Remand Prison (visited to interview specific prisoners) ►► Korydallos Prison Hospital ►► Nafplio Judicial Prison ►► Special Juvenile Detention Facility in Corinth Judicial Prison ►► Diavata Judicial Prison, Thessaloniki

Hungary

21/10/2015 - 27/10/2015

Police establishments ►► Detention Facility of the Csongrád Headquarters, Szeged (Párizsi körút) ►► Detention Facility of the Border Police, Szeged (Moszkvai körút) ►► Police Station at Kálvária sugárút, Szeged ►► Guarded Shelter of the Border Police Station, Kiskunhalas (Unit at Mártírok útja and Units 1 and 2 at Kárpát utca) Prisons ►► Szeged Strict and Medium Regime Prison (Nagyfa unit) Detention centres for foreign nationals ►► Guarded Reception Centre for Asylum Seekers, Békéscsaba ►► “Transit zone”, Rözske ►► “Transit zone”, Tompa

Italy

16/12/2015 - 18/12/2015

Detention centres for foreign nationals ►► CIE (Centro di Identificazione ed Espulsione) Ponte Galeria, Rome Return flights ►► Charter flight from Italy to Lagos (Nigeria) on 17 December 2015, co-ordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex). In addition to Italy, the “Organising Member State”, Belgium and Switzerland took part in the Frontex mission as “Participating Member States”.

General Report of the CPT, 2015 ► Page 68 Turkey

16/06/2015 - 23/06/2015

Detention centres for foreign nationals ►► Ankara Removal Centre ►► Aydın Removal Centre ►► Edirne Removal Centre ►► Istanbul-Kumkapı Removal Centre ►► Izmir Removal Centre ►► Tekirdağ Removal Centre ►► Van Removal Centre ►► Holding facility in the transit zone of Istanbul Atatürk Airport

Kosovo19

15/04/2015 - 22/04/2015

Police stations ►► Gračanica/Graçanicë Police Station ►► Leposavić/Leposaviq Police Station ►► Mitrovicë/Mitrovica South Police Station ►► Obiliq/Obilić Police Station ►► Pejë/Peć Police Station ►► Prishtinë/Priština Police Station No. 1 Prisons ►► Dubrava Prison ►► High Security Prison at Gërdoc-Podujeva/Grdovac-Podujevo ►► Lipjan/Lipljan Correctional Centre for Women and Juveniles ►► Gjilan/Gnjilane Detention Centre ►► Mitrovica/Mitrovicë Detention Centre ►► Pejë/Peć Detention Centre ►► Prishtinë/Priština Detention Centre Psychiatric establishments ►► Forensic Psychiatric Institute at Prishtinë/Priština University Hospital ►► Admission Ward of the Psychiatric Clinic at Prishtinë/Priština University Hospital (legal safeguards offered to civil patients)

19. All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.

Appendices ► Page 69 8. Public statement concerning Bulgaria

(made on 26 March 2015) and stressed that this could oblige the CPT to consider having recourse to 1. The European Committee for the Article 10, paragraph 2, of the European Prevention of Torture and Inhuman or Convention on the Prevention of Torture Degrading Treatment or Punishment or Inhuman and Degrading Treatment (CPT) has carried out ten visits to Bulgaria or Punishment.20 since 1995. In the course of those visits, delegations of the Committee have vis- This procedure was set in motion after ited all but one prison, several inves- the March/April 2014 visit; indeed, the tigation detention facilities (IDFs) and Committee’s findings during that visit numerous police establishments in the demonstrated a persistent failure by country. the Bulgarian authorities to address certain fundamental shortcomings in 2. Major shortcomings have been the treatment and conditions of deten- identified during the above-men- tion of persons deprived of their liberty. tioned visits, especially as concerns the The visit report highlighted a number police and penitentiary establishments. of long-standing concerns, some of Repeated recommendations have been them dating back to the very first peri- made over the last 20 years concerning odic visit to Bulgaria in 1995, as regards these two areas. the phenomenon of ill-treatment (both In its reports, the CPT has many times in the police and the prison context), drawn the Bulgarian authorities’ atten- inter-prisoner violence, prison over- tion to the fact that the principle of crowding, poor material conditions of co-operation between State Parties detention in IDFs and prisons, inade- and the CPT, as set out in Article 3 of the quate prison health-care services and Convention establishing the Committee, low custodial staffing levels, as well as is not limited to steps taken to facilitate concerns related to discipline, segrega- the tasks of a visiting delegation. It also tion and contact with the outside world. requires that decisive action be taken to 4. The responses of the Bulgarian improve the situation in the light of the authorities to the report on the CPT’s CPT’s recommendations. 2014 visit and to the letter by which the The vast majority of these recommen- Committee has informed the author- dations have remained unimplemented, ities of the opening of the procedure or only partially implemented. In the set out in Article 10, paragraph 2, of the course of the Committee’s visits to Convention have, to say the least, not Bulgaria in 2010, 2012, 2014, and 2015, alleviated the CPT’s concerns. In par- the CPT’s delegations witnessed a lack ticular, the responses were succinct, of decisive action by the authorities contained very little new information leading to a steady deterioration in the situation of persons deprived of their 20. If the Party fails to co-operate or refuses liberty. to improve the situation in the light of the Committee’s recommendations, the 3. In the report on its 2012 visit, the Committee may decide, after the Party Committee expressed its extreme has had an opportunity to make known concern about the lack of progress its views, by a majority of two-thirds of its members to make a public statement on observed in the Bulgarian prison system the matter.”

General Report of the CPT, 2015 ► Page 70 and failed to address the majority of the The alleged ill-treatment generally Committee’s recommendations, usually consisted of slaps, kicks, and in some merely quoting the existing legislation cases truncheon blows. The delega- and/or explaining the lack of action tion concluded that men and women by referring to budgetary constraints. (including juveniles) in the custody of Further, most of the information con- the police continued to run a significant tained in the CPT’s report as concerns risk of being ill-treated, both at the time ill-treatment and inter-prisoner violence of apprehension and during subsequent was simply dismissed. questioning. The 2015 visit was therefore an oppor- 6. Very little progress, if any, has been tunity for the Committee to assess the made as regards the legal safeguards progress in the implementation of its against police ill-treatment, and the long-standing recommendations and to CPT’s key recommendations in this review, in particular, the treatment and sphere are still to be implemented. In detention conditions of persons held at particular, access to a lawyer remained Sofia, Burgas and Varna Prisons, as well an exception during the initial 24 hours as at Sofia IDF (located on G.M. Dimitrov of police custody and the ex officio law- Boulevard).21 yers did not perform their function as a Regrettably, the findings made during safeguard against ill-treatment. Further, the aforementioned visit demonstrate persons in police custody were still rarely that little or no progress has been put in a position to notify promptly a achieved in the implementation of key person of their choice of their detention, recommendations repeatedly made by and were not systematically informed the CPT. 22 of their rights from the outset of their custody. For these reasons, the Committee has been left with no other choice but 7. The Committee has long stressed to make a public statement, pursu- the crucial role played by health-care ant to Article 10, paragraph 2, of the staff and more particularly medical doc- Convention; it took this decision at its tors in the prevention of ill-treatment. 86th plenary meeting in March 2015. The findings of the CPT’s delegation during the 2015 visit demonstrate that the existing specific rules as regards Police ill-treatment medical confidentiality and the record- 5. In the course of the 2015 visit, ing of injuries continue to be routinely the Committee’s delegation received ignored in practice. a significant number of allegations Injuries observed on persons admitted of deliberate physical ill-treatment of to IDFs were usually not recorded in persons detained by the police; the the medical documentation. Medical number of such allegations had not screening prior to the admission of decreased since the 2014 visit but was detained persons to IDFs was extremely even on the rise in Sofia and Burgas. cursory (consisting merely of an inter- view, without a proper medical exam- 21. All these establishments have been visited ination) and it was performed in the regularly by the CPT since 1995. 22. These findings are summarised below, in presence of police officers, with detain- paragraphs 5 to 16. ees usually being handcuffed.

Appendices ► Page 71 Detention in the Ministry of 12. Overcrowding remains a very Justice’s establishments problematic issue in the Bulgarian prison system. For example, at Burgas 8. The situation as regards phys- Prison, the vast majority of inmates had ical ill-treatment of prisoners by staff less than 2 m² of living space in multiple- remains alarming in the three prisons occupancy cells, with the notable visited in 2015. Many allegations of exception of the remand section. The deliberate physical ill-treatment (usually situation at Sofia Prison remained consisting of slaps, punches, kicks and similar to that observed in the past, with truncheon blows) were again heard at most inmates having just a little more Sofia and Burgas Prisons and, at Varna than 2 m² of living space per person. Prison, the Committee’s delegation was flooded with such allegations. In a 13. The material conditions at Sofia, number of cases, the delegation found Burgas, and Varna Prisons remained medical evidence consistent with the characterised by an ever-worsening allegations received. state of dilapidation. In particular, most of the sanitary facilities in these three 9. At Sofia IDF, a clear deterioration prisons were totally decrepit and unhy- was noted with a significant rise in the gienic, and the heating systems func- number of allegations of deliberate tioned for only a few hours per day. physical ill-treatment (slaps, punches The majority of prisoners still did not and kicks) of inmates, including juve- benefit from ready access to a toilet niles, by staff. during the night and had to resort to 10. The findings of the CPT’s 2012 and buckets or bottles to comply with the 2014 visits show that inter-prisoner needs of nature. The kitchens at Burgas violence remains omnipresent at Sofia and Varna Prisons (and the dining hall at and Burgas Prisons; such episodes were Varna Prison) remained filthy and unhy- again witnessed by the delegation gienic and infested with vermin, with during the 2015 visit. Frequent leaking and over-flowing sewage pipes, occurrences of inter-prisoner violence and walls and ceilings covered in mould. were also reported at Varna Prison. Most parts of the establishments visited were unfit for human accommodation 11. As described in the reports on the visits carried out in 2012 and 2014, and represented a serious health risk and as acknowledged by the Bulgarian for both inmates and staff. To sum up, authorities, corruption remains endemic in the Committee’s view, the material in the Bulgarian prison system. In the conditions alone in the three prisons visited could be seen as amounting to three prisons visited in the course of 23 the 2015 visit, the delegation was again inhuman and degrading treatment. inundated with allegations of prisoners 14. The vast majority of inmates being asked to pay custodial, adminis- (including almost all the remand pris- trative, and/or medical staff for many oners) in the three prisons visited in services provided for by the law (e.g. the course of the 2015 visit still had no transfers to prison hostels, early release, access to organised out-of-cell activities access to medical care, transfers to hos- and were left in a state of idleness for up pitals, procurement of goods, access to to 23 hours per day. education/vocational training, work, etc.) or for being granted various priv- ileges (such as leave and additional or 23. See also the judgment of the European Court of Human Rights of 27 January open-type visits). This situation brings 2015 in the case of Neshkov and Others in its wake discrimination, violence, inse- v. Bulgaria (applications nos. 36925/10, curity and, ultimately, a loss of respect 21487/12, 72893/12, 73196/12, 77718/12 for authority. and 9717/13).

General Report of the CPT, 2015 ► Page 72 15. Regarding health care, the acces­ specific recommendations repeatedly sibility and quality of the medical ser- made by the Committee. The CPT is of vices in all the prisons visited (and the the view that action in this respect is IDF in Sofia) were as poor as they had long overdue and that the approach to been in the past. Further, the quality of the whole issue of deprivation of liberty medical recording had even worsened. in Bulgaria should radically change. It is noteworthy in this respect that the keeping of the register on traumatic 18. The Committee fully acknowledges injuries had been discontinued at Sofia the challenges that the Bulgarian author- and Burgas Prisons shortly after the ities are facing. In the CPT’s view, there is CPT’s 2014 visit. The confidentiality of a real need to develop a comprehensive medical examinations and documen- prison policy, instead of concentrating tation was not respected. In addition, exclusively on material conditions (which, in prisons, the initial medical examina- as should be stressed, have only improved tion hardly ever took place within the to an extremely limited extent). Having in first 24 hours after the inmates’ arrival, place a sound legislative framework is no as recommended by the Committee. doubt important. However, if laws are not Such screening is essential, particularly backed by decisive, concrete and effective to prevent the spread of transmissible measures to implement them, they will diseases and suicides, and for recording remain a dead letter and the treatment injuries in good time. and conditions of persons deprived of 16. It should be added that no progress their liberty in Bulgaria will deteriorate was observed during the 2015 visit as even further. As regards the treatment regards other issues of concern to the of persons detained by law enforcement CPT, such as prison staffing levels, disci- agencies, resolute action is required to pline and segregation, and contact with ensure the practical and meaningful oper- the outside world. ation of fundamental safeguards against ill-treatment (including the notification Concluding remarks of custody, access to a lawyer, access to a doctor, and information on rights). 17. In its previous reports, the The Committee’s aim in making this Committee has taken due note of public statement is to motivate and the repeated assurances given by the Bulgarian authorities that action would assist the Bulgarian authorities, and in be taken to improve the situation of particular the Ministries of the Interior persons placed in the custody of the and Justice, to take decisive action in police, or held in establishments under line with the fundamental values to the responsibility of the Ministry of which Bulgaria, as a member state of Justice. However, the findings of the the Council of Europe and the European 2015 visit demonstrate again that little Union, has subscribed. In this context, or nothing has been done as regards the CPT’s long-standing recommen- all the above-mentioned long-standing dations should be seen as a tool that problems. This state of affairs highlights helps the Bulgarian authorities to iden- a persistent failure by the Bulgarian tify shortcomings and make the nec- authorities to address most of the funda- essary changes. In furtherance of its mental shortcomings in the treatment mandate, the Committee is fully com- and conditions of detention of persons mitted to continuing its dialogue with deprived of their liberty, despite the the Bulgarian authorities to this end.

Appendices ► Page 73 The CPT carries out visits to places of detention, in order to assess how persons deprived of their liberty are treated. These places include prisons, juvenile detention centres, police stations, holding centres for immigration detainees, psychiatric hospitals, social care homes, etc. 25 th GENERAL REPORT OF THE CPT After each visit, the CPT sends a detailed report to the State concerned. This report includes the CPT’s findings, and its recommendations, comments and requests for information. The CPT also requests a detailed response to the issues raised in its report. These reports and responses form part of the ongoing dialogue with the States concerned.

The CPT is required to draw up every year a general report on its activities, which is published. This 25th General Report, as well as previous general reports and other information about the work of the CPT, may be obtained from the Committee’s Secretariat or from its website (http://www.cpt.coe.int/). PREMS 009716 ENG

The Council of Europe is the continent’s leading human rights organisation. It comprises 47 member states, 28 of which are members of the European Union. All Council of Europe member states have signed up to the European Convention on Human Rights, a treaty designed to protect human rights, democracy and the rule of law. The European Court of Human Rights oversees the implementation of the Convention in the member states.