–4–
Access to natural light and fresh air
30.
The CPT frequently encounters devices, such as metal shutters, slats, or plates fitted to cell
windows, which deprive prisoners of access to natural light and prevent fresh air from entering the
accommodation. They are a particularly common feature of establishments holding pre-trial
prisoners. The CPT fully accepts that specific security measures designed to prevent the risk of
collusion and/or criminal activities may well be required in respect of certain prisoners. However,
the imposition of measures of this kind should be the exception rather than the rule. This implies
that the relevant authorities must examine the case of each prisoner in order to ascertain whether
specific security measures are really justified in his/her case. Further, even when such measures are
required, they should never involve depriving the prisoners concerned of natural light and fresh air.
The latter are basic elements of life which every prisoner is entitled to enjoy; moreover, the absence
of these elements generates conditions favourable to the spread of diseases and in particular
tuberculosis.
The CPT recognises that the delivery of decent living conditions in penitentiary
establishments can be very costly and improvements are hampered in many countries by lack of
funds. However, removing devices blocking the windows of prisoner accommodation (and fitting,
in those exceptional cases where this is necessary, alternative security devices of an appropriate
design) should not involve considerable investment and, at the same time, would be of great benefit
for all concerned.
Transmissible diseases
31.
The spread of transmissible diseases and, in particular, of tuberculosis, hepatitis and
HIV/AIDS has become a major public health concern in a number of European countries. Although
affecting the population at large, these diseases have emerged as a dramatic problem in certain
prison systems. In this connection the CPT has, on a number of occasions, been obliged to express
serious concerns about the inadequacy of the measures taken to tackle this problem. Further,
material conditions under which prisoners are held have often been found to be such that they can
only favour the spread of these diseases.
The CPT is aware that in periods of economic difficulties - such as those encountered today
in many countries visited by the CPT - sacrifices have to be made, including in penitentiary
establishments. However, regardless of the difficulties faced at any given time, the act of depriving
a person of his liberty always entails a duty of care which calls for effective methods of prevention,
screening, and treatment. Compliance with this duty by public authorities is all the more important
when it is a question of care required to treat life-threatening diseases.
The use of up-to date methods for screening, the regular supply of medication and related
materials, the availability of staff ensuring that prisoners take the prescribed medicines in the right
doses and at the right intervals, and the provision when appropriate of special diets, constitute
essential elements of an effective strategy to combat the above-mentioned diseases and to provide
appropriate care to the prisoners concerned. Similarly, material conditions in accommodation for
prisoners with transmissible diseases must be conducive to the improvement of their health; in
addition to natural light and good ventilation, there must be satisfactory hygiene as well as an
absence of overcrowding.
Further, the prisoners concerned should not be segregated from the rest of the prison
population unless this is strictly necessary on medical or other grounds. In this connection, the CPT
wishes to stress in particular that there is no medical justification for the segregation of prisoners
solely on the grounds that they are HIV-positive.