–2–
Introduction
1.
Since the 1990s the CPT has developed and applied minimum standards regarding the living
space that a prisoner should be afforded in a cell. While these standards have been frequently used
in a large number of CPT visit reports, they have so far not been brought together in a single
document.
2.
At the same time, there is a growing interest in these standards, at the national level (among
member states’ authorities responsible for the prison estate, national detention monitoring bodies
such as national preventive mechanisms established under OPCAT1, domestic courts, NGOs, etc.)
and at the international level, not least because of the problem of prison overcrowding and its
consequences. Currently, the Council of Europe’s Council for Penological Co-operation (PC-CP) is
preparing a White Paper on prison overcrowding. For its part, the European Court of Human Rights
is frequently being called upon to rule on complaints alleging a violation of Article 3 of the
European Convention on Human Rights (ECHR) on account of insufficient living space available to
a prisoner.
3.
Against this background, the CPT decided in November 2015 to provide a clear statement of
its position and standards regarding minimum living space per prisoner; such is the aim of this
document.
4.
The cells referred to in this document are ordinary cells designed for prisoners’
accommodation, as well as special cells, such as disciplinary, security, isolation or segregation cells.
However, waiting rooms or similar spaces used for very short periods of time are not covered here.2
Minimum standards for personal living space in prison establishments:
general aspects
5.
During its monitoring activities, the CPT has frequently encountered situations of prison
overcrowding. The consequences of overcrowding have been highlighted repeatedly by the CPT in
its visit reports: cramped and unhygienic accommodation; constant lack of privacy; reduced out of
cell activities, due to demand outstripping the staff and facilities available; overburdened healthcare services; increased tension and hence more violence between prisoners and between prisoners
and staff. The CPT considers that the question of minimum living space per inmate is intrinsically
linked to the commitment of every Council of Europe member state to respect the dignity of persons
sent to prison.
6.
Minimum standards for personal living space are not as straightforward a matter as they
might appear at first sight. To begin with, the “minimum living space” standards used by the CPT
differ according to the type of the establishment. A police cell for short-term detention of several
hours up to a few days does certainly not have to meet the same size standards as a patients’ room
in a psychiatric institution; and a prison cell, whether for remand or sentenced prisoners, is again an
entirely different matter.
1
2
Optional Protocol to the Convention against Torture of the United Nations
The issue of living space in other places where persons could be deprived of their liberty (police stations,
psychiatric establishments, immigration detention facilities, etc.) is not covered by this document.