INTRODUCTION Introduction When a state deprives a person of their liberty, it incurs a duty of care to ensure that the dignity of that person is respected. States must also ensure that prisons are safe and secure for detainees, staff, visitors and the outside community. These two obligations are not contradictory, but go hand in hand, as security can be best ensured in a well ordered and justly administered system, which treats prisoners with humanity and fairness.1 In coercive establishments such as prisons, there is a danger that concerns about security and order prevail too easily over dignity and fairness. Security measures that are excessive or conducted in a systematic way can infringe on the dignity of detainees, for example through unnecessary restrictions on movement, possessions or activities, routine body searching or the disproportionate or prolonged use of solitary confinement. While individual security measures may not reach this threshold, collectively they may amount to inhuman or degrading treatment. This risk is greater when there is political or media pressure for tighter security and tougher responses to crime. This trend has been observed in many countries over the last decade including as a response to an upsurge – or perceived upsurge – in organised crime, social violence and the threat of terrorism related offences. Persons deprived of their liberty are in a situation of power imbalance and particularly vulnerable to abuse. In many ways security ‘trumps’ dignity, for a number of reasons, including the following: • security measures are sometimes increased to compensate for a shortage of human resources; • insufficient training can mean that staff employ security measures that are unnecessary or disproportionate. Monitoring bodies, including National Preventive Mechanisms (NPMs) designated under the Optional Protocol to the UN Convention against Torture (OPCAT), have an important role to play in detecting, assessing and analysing the risks to human dignity posed by an overemphasis on security measures. Through their regular visits to places of detention and interviews in private with staff and persons deprived of their liberty, monitoring bodies can obtain first- hand information about how security policies and practices are impacting on the dignity of prisoners. They can analyse whether such measures are necessary and proportionate, and whether they are applied in a fair and non-discriminatory way. On this basis, they can make concrete recommendations on how to ensure that the dignity of detainees is protected rather than compromised by security measures. This paper aims to assist monitoring bodies, including National Preventive Mechanisms (NPMs), by providing them with an analytical framework to: • understand the concepts of dignity and security in prisons and the relationship between them; • the assumption that persons deprived of their liberty are dangerous or violent can lead to an over-reliance on security measures; • identify situations where there is a particular risk that security in prisons is overemphasised to the detriment of the dignity of prisoners. • prison staff want to avoid being criticised for ‘lax security’ and therefore may opt for more severe security options; 1. Andrew Coyle, A Human Rights Approach to Prison Management: Handbook for Prison Staff (International Centre for Prison Studies, 2002) p58. 2 | Penal Reform International | Balancing security and dignity in prisons: a framework for preventive monitoring

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