NCJ Number
147562
Journal
International Journal of the Sociology of Law Volume: 21 Issue: 3 Dated: (September 1993) Pages: 245-264
Date Published
1993
Length
20 pages
Annotation
This paper considers the European Convention on Human Rights (ECHR), European Prison Rules (EPR), and the European Convention for the Prevention of Torture (ECPT) as they affect prison conditions and prisoner rights.
Abstract
While complaints from prisoners have always constituted a significant proportion of the total number of alleged ECHR violations, weaknesses associated with the prisoner complaint process make the outcome uncertain for all but the most persistent prisoners. Further, European Prison Rules provide an impressive code of standards for prison conditions and management but they exist simply as recommendations and lack the international status of a convention. Extensive powers of inspection set up under the ECPT suggest a thorough and encouragingly critical investigation of prison institutions throughout Europe, but the impact of the ECPT will ultimately depend on the willingness of governments to implement ECPT recommendations. Even though the ECHR, EPR, and ECPT are individually flawed, they could develop into a unique framework with tremendous potential for establishing genuine European standards for the treatment of prisoners. Limitations inherent in each country's legal framework must also be resolved, considering key sociological factors in criminal justice system reform and change. Additional information is appended on rights guaranteed by the ECHR and the ECPT. 36 references, 17 notes, and 3 tables