–5–
In order to dispel misconceptions on these matters, it is incumbent on national authorities to
ensure that there is a full educational programme about transmissible diseases for both prisoners and
prison staff. Such a programme should address methods of transmission and means of protection as
well as the application of adequate preventive measures. More particularly, the risks of HIV or
hepatitis B/C infection through sexual contacts and intravenous drug use should be highlighted and
the role of body fluids as the carriers of HIV and hepatitis viruses explained.
It must also be stressed that appropriate information and counselling should be provided
before and - in the case of a positive result - after any screening test. Further, it is axiomatic that
patient-related information should be protected by medical confidentiality. As a matter of principle,
any interventions in this area should be based on the informed consent of the persons concerned.
Moreover, for control of the above-mentioned diseases to be effective, all the ministries and
agencies working in this field in a given country must ensure that they co-ordinate their efforts in
the best possible way. In this respect the CPT wishes to stress that the continuation of treatment
after release from prison must be guaranteed. 2
High security units
32.
In every country there will be a certain number of prisoners considered to present a
particularly high security risk and hence to require special conditions of detention. The perceived
high security risk of such prisoners may result from the nature of the offences they have committed,
the manner in which they react to the constraints of life in prison, or their psychological/psychiatric
profile. This group of prisoners will (or at least should, if the classification system is operating
satisfactorily) represent a very small proportion of the overall prison population. However, it is a
group that is of particular concern to the CPT, as the need to take exceptional measures vis-à-vis
such prisoners brings with it a greater risk of inhuman treatment.
Prisoners who present a particularly high security risk should, within the confines of their
detention units, enjoy a relatively relaxed regime by way of compensation for their severe custodial
situation. In particular, they should be able to meet their fellow prisoners in the unit and be granted
a good deal of choice about activities. Special efforts should be made to develop a good internal
atmosphere within high-security units. The aim should be to build positive relations between staff
and prisoners. This is in the interests not only of the humane treatment of the unit's occupants but
also of the maintenance of effective control and security and of staff safety.
The existence of a satisfactory programme of activities is just as important - if not more so in a high security unit than on normal location. It can do much to counter the deleterious effects
upon a prisoner's personality of living in the bubble-like atmosphere of such a unit. The activities
provided should be as diverse as possible (education, sport, work of vocational value, etc.). As
regards, in particular, work activities, it is clear that security considerations may preclude many
types of work which are found on normal prison location. Nevertheless, this should not mean that
only work of a tedious nature is provided for prisoners.
It is axiomatic that prisoners should not be subject to a special security regime any longer
than the risk they present makes necessary. This calls for regular reviews of placement decisions.
Such reviews should always be based on the continuous assessment of the individual prisoner by
staff specially trained to carry out such assessment. Moreover, prisoners should as far as possible be
kept fully informed of the reasons for their placement and, if necessary, its renewal; this will inter
alia enable them to make effective use of avenues for challenging that measure.
2
See also "Health care services in prisons", section "transmittable diseases".