–3–
55.
Most countries make provision for separating remand and sentenced prisoners, as stipulated
in the European Prison Rules (Rule 18.8) and other international instruments.6 The European Prison
Rules (Rules 18.9 and 101) also allow exceptions in this regard to enable remand prisoners to
participate in joint organised activities with sentenced prisoners, whilst generally keeping both
categories of prisoner separate at night.
In some countries, arrangements are made to organise joint activities for remand and sentenced
prisoners, with both categories sometimes being accommodated in the same cells/units.
In the CPT’s opinion, allowing remand prisoners to participate in organised activities together with
sentenced prisoners is undoubtedly better than confining remand prisoners to their cells for up to
23 hours a day for prolonged periods as is currently the case in many Council of Europe member
states. However, efforts should be made to accommodate remand prisoners separately from
sentenced prisoners. In fact, the CPT has a preference for remand prisoners having a satisfactory
programme of activities whilst always being separated from sentenced prisoners, in full respect for
the principle of presumption of innocence. Such separation also protects remand prisoners who
enter the prison environment for the first time and who may be innocent from the potential criminal
influence of sentenced prisoners. In this connection, the importance of a risk and needs assessment
of all persons entering prison, as described in paragraph 54, cannot be over-emphasised, as it may
not be appropriate to mix first-time remand prisoners with the large numbers of persons re-entering
prison for a second time or more.
56.
During its many visits, the CPT found that remand prisoners frequently had to share cells
which provided less than 3 m² of living space per person (and sometimes even less than 2 m²).
Moreover, the cells were not always equipped for the number of inmates they accommodated. For
instance, prisoners were compelled to sleep on mattresses placed directly on the floor or even had to
share beds and sleep in shifts. Among other things, this results in a complete lack of privacy and
may well increase tension between inmates. Such intolerable conditions, which may last for months
or even years, are often exacerbated by the fact that remand prisoners have to spend most of the
time in their cell, as the regime of organised activities is often extremely limited for this category of
prisoner (see, in this regard, paragraph 58).
In the CPT’s opinion, the minimum standards for personal living space in prison establishments
should be 6 m² for a single-occupancy cell and 4 m² per prisoner for a multiple-occupancy cell
(excluding sanitary facilities).7 Providing living space of less than 4 m² significantly increases the
risk of a violation of Article 3 of the European Convention on Human Rights. In this context, in its
recent Grand Chamber judgment in the case of Muršić v. Croatia,8 the European Court of Human
Rights stated that “[w]hen the personal space available to a detainee falls below 3 sq. m of floor
surface in multi-occupancy accommodation in prisons, the lack of personal space is considered so
severe that a strong presumption of a violation of Article 3 arises. […] In cases where a prison cell –
measuring in the range of 3 to 4 sq. m of personal space per inmate – is at issue the space factor
remains a weighty factor in the Court’s assessment of the adequacy of conditions of detention.”
57.
The Committee also wishes to reiterate that every effort should be made to phase out the
practice of accommodating remand prisoners in dormitories and to move towards cellular
accommodation for a small number of inmates. Ideally, remand prisoners (as well as sentenced
prisoners) should be accommodated in single cells except where it is preferable for them to share
sleeping accommodation.9
6
See, for instance, Article 10(2)(a) of the International Covenant on Civil and Political Rights and Rule 11(b) of
the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules).
7
25th General Report on the CPT’s activities (CPT/Inf (2016) 10), paragraph 84.
8
Muršić v. Croatia [GC], no. 7334/13, 20 October 2016.
9
See also Rules 18.5 and 96 of the European Prison Rules.