55 Amendments of Maria GRAPINI related to 2015/2062(INI)
Amendment 14 #
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to the Recommendation CM/Rec (2017) 3 of the Committee of Ministers of the Council of Europe to the Member States on the European Rules on community sanctions and measures adopted by the Committee of Ministers on 22 March 2017,
Amendment 15 #
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
- having regard to the Recommendation CM/Rec (2012)12 of the Committee of Ministers of the Council of Europe to Member States concerning foreign prisoners (Adopted by the Committee of Ministers on 10 October 2012),
Amendment 16 #
Motion for a resolution
Citation 16 c (new)
Citation 16 c (new)
- having regard to the Recommendation CM/Rec (2012)5 of the Committee of Ministers of the Council of Europe to Member States on the European Code of Ethics for Prison Staff (Adopted by the Committee of Ministers on 12 April 2012),
Amendment 17 #
Motion for a resolution
Citation 16 d (new)
Citation 16 d (new)
- having regard to the Recommendation CM/Rec (2008)11 of the Committee of Ministers of the Council of Europe to Member States on the European Rules for juvenile offenders subject to sanctions or measures (Adopted by the Committee of Ministers on 5 November 2008),
Amendment 18 #
Motion for a resolution
Citation 16 e (new)
Citation 16 e (new)
- having regard to the Council of Europe handbook for prison and probation services regarding radicalisation and violent extremism,
Amendment 19 #
Motion for a resolution
Citation 16 f (new)
Citation 16 f (new)
- having regard to Memorandum of Understanding signed on 21 March 2014 by the Italian Minister for Justice, the Ombudsman for Children and Adolescence and by the not-for-profit organisation Bambinisenzasbarre,
Amendment 26 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas prisons are intended to confine offenders in secure and humane conditions. The purpose of prisons should always include education, penalty, rehabilitation as well as protection of society. Rehabilitation and intervention programmes both in prisons and for offenders under probation should have the objective of supporting re-integration of offenders back into society;
Amendment 31 #
Motion for a resolution
Recital D
Recital D
D. whereas overcrowding in prisons is a recurrent problem in the Union and whereas the European Court of Human Rights has regarded it as a breach of Article 3 ECHR; overcrowding is particularly detrimental to inmates because it can lead to self-harm or violent behaviour. It can also have adverse effects on the health conditions and wellbeing of the detainees, increasing the prevalence of particularly infectious diseases and psychiatric disorders. Overall, overcrowding is an obstacle to the purpose of social rehabilitation, which is a founding value of penitentiary systems. Overcrowding can also contribute to an unsafe and unhealthy working environment for penitentiary staff;
Amendment 35 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas overcrowding and poor detention conditions may have effects on cases of requests for extradition for prosecution or in cases of transfer of sentenced persons, where the requested measure may be problematic to carry out because of concerns regarding bad prison conditions, including in particular prison overcrowding, in the receiving state;
Amendment 46 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas juvenile offenders should, in principle, always be entitled to access measures alternative to detention regardless of the offence they have committed;
Amendment 47 #
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas the eligibility for alternative measures should always take into account the specific circumstances of each case such as the age and the dangerousness of the offender, his involvement within the educational activities, and the seriousness of the offence;
Amendment 48 #
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas every child subject to detention measures should have access to education;
Amendment 49 #
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. whereas 800 000 children in Europe see their right to the protection of family relationships violated when one or both parents are imprisoned;
Amendment 50 #
Motion for a resolution
Recital F e (new)
Recital F e (new)
Fe. whereas children of imprisoned parents should not be stigmatised or discriminated, in compliance with EU values, on account of the criminal sentences served by their parents;
Amendment 60 #
Motion for a resolution
Recital H
Recital H
Amendment 76 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas an efficient penitentiary administration should receive adequate funds and staff to carry out its security and rehabilitation mission;
Amendment 90 #
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas inhumane detention conditions and overcrowding can lead to increased radicalisation and expand the influence of violent extremist recruiters;
Amendment 95 #
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. whereas radicalisation represents a process that gradually leads an individual increasingly to accept and support violent extremism based on religious purposes;
Amendment 96 #
Motion for a resolution
Recital L c (new)
Recital L c (new)
Lc. whereas penitentiary staff carry out an essential function on behalf of the community and should have conditions of employment befitting their qualifications and which take account of the demanding nature of their work;
Amendment 110 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reaffirms that detention conditions are a decisive element in the application of the principle of mutual recognition of judgments in the Area of Freedom, Security and Justice, as the Court of Justice held in the Aranyosi and Căldăraru cases; recalls the fundamental importance of the principle of mutual recognition of judgments provided for in the Treaty on European Union;
Amendment 118 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Deplores the fact that overcrowding of prisons, which is very common in Europe’s prisons, particularly in Greece, France, Belgium, Italy, Slovenia and Romania, in many cases has a serious impact on the safety of prison staff and prisoners, but also with regard to the activities made available, medical care and monitoring of prisoners and recommends that the Commission monitor the enforcement of their rights;
Amendment 120 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Deplores the fact that overcrowding of prisons, which is very common in Europe’s prisons, particularly in Greece, France, Belgium, Italy, Slovenia and Romania, in many cases has a serious impact on the safety of prison staff and prisoners, but also with regard to the activities made available, medical care and monitoring of prisoners;
Amendment 128 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Regrets that in some Member States juvenile offenders are detained in facilities together with adults, exposing them to the risk of abuse and violence and depriving them of the specific care that such a vulnerable group needs;
Amendment 131 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Expresses concerns about cases in which detained minors were denied access to education due mainly to the absence of places and a lack of staff in the facilities;
Amendment 132 #
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on all Member States to adopt a common definition of "minimum space" to be provided to each detainee including specific provisions on adequate lighting, air conditioning and alarm systems to contact the staff and more generally to cooperate to harmonize national criminal systems;
Amendment 134 #
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Encourages Member States to set up national databases to monitor in real time inmates' detention conditions and to ensure an optimal allocation of detainees to national prisons;
Amendment 135 #
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Encourages Member States to offer meaningful activities such as educational training or work opportunities according to international standards to all prisoners, with a view to re-socialising inmates and providing tools for a crime free life after the conviction period;
Amendment 144 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that increasing prisons’ capacity is not the sole solution to overcrowding, as the prison population tends to rise at the same rate as prison capacity; calls nonetheless on Member States to allocate appropriate resources to refurbishment and modernisation of prisons in order to protect the rights of prisoners and, at the same time, to step up educational programmes; recalls that the Commission recently mentioned the possibility of drawing on the Structural Funds of the European Union;
Amendment 151 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Insists than an efficient long term management of penitentiary systems should be implemented, reducing the number of prisoners by more frequent use of non-custodial punitive measures and minimizing the recourse to pre-trial detention;
Amendment 169 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encourages Member States to adopt non-custodial measures as an alternative to detention and calls on them to ensure that, in addition to the punitive aspect of imprisonment, attention is also devoted to morappropriate educational and more social aspects, in order to enable punishment to be managed better, make a success of social reintegration and reduce recidivism; draws attention in this connection to the good practices which exist in the Scandinavian countries;
Amendment 172 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages Member States to cooperate with the media and local authorities in persuading the public opinion to accept ambitious reforms of the criminal justice system based on a wider use of non-custodial measures. Penitentiary administrations shall foster such cultural change establishing strong bonds with local communities. To this end, activities dedicated to free citizens may be organized also inside prisons; for instance theatrical representations, catering services or free access to libraries and computers;
Amendment 176 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises the need for educational programmes and access to libraries and for cultural events such as plays or music performances in prisons in an effort to ensure better integration of prisoners into the labour market, which would help to reduce recidivism;
Amendment 178 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on criminal justice agencies, including prisons, probation and court administrations, to produce explanatory documents and statistical evidence to persuade public opinion that non- custodial measures are necessary to reduce recidivism as well as to ensure long term security in our society;
Amendment 181 #
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Commission to carry out a comparative study on prisoners' wages in Member States, aiming to identify fair and sustainable retribution levels that would allow every prisoner to work;
Amendment 183 #
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls on the Commission to carry out a comparative study to analyse Member States' alternative measures and to draft proposals for possible harmonization and diffusion of national best practices;
Amendment 184 #
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Encourages Member States to adopt measures, including financial incentives and tax benefits, to encourage private companies to recruit former offenders as well as to encourage former prisoners to set up their own business;
Amendment 185 #
Motion for a resolution
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Exhorts Member States to establish a scholarship system aimed at encouraging employers and private companies to provide professional training to inmates with a view to recruit them at the end of the detention period;
Amendment 195 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on Member States to abide by the specific recommendations concerning prison conditions for vulnerable detainees; deplores the fact that people who are mentally ill sometimes are, and remain, imprisoned simply because of the lack of appropriate services elsewhere, and recalls that, according to the European Court of Human Rights, the inadequate treatment of people who are mentally ill may constitute a breach of Article 3 ECHR and Article 2 ECHR (the right to life) in the case of prisoners who are suicidal; calls on the Commission to verify compliance with Article 3 ECHR;
Amendment 206 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recognises the right of children to maintain direct contact with their detained parent and, at the same time, reiterates the prisoner's right to parenting. In that respect prisons shall be equipped with a suitable children's space, where children shall be looked after by adequately trained prison officers, including social assistants and NGOs volunteers who can assist children and families during prison visits;
Amendment 212 #
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the European Commission to evaluate the possibility of drawing up a Memorandum of Understanding at EU level in order to ensure the preservation of the parenthood relationship with imprisoned parents and to allow parents to be present at important moments in their children's education, thus safeguarding the interests of minors;
Amendment 219 #
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Asks the Commission to promote policies aimed at overcoming the discrimination that could be suffered by the children of imprisoned parents, in order to strengthen social integration and to build an inclusive and fair society;
Amendment 220 #
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Encourages the European Commission to establish specific working groups composed of representatives of Member States' Ministries of Justice and national authorities as well as Non- Governmental Organisations operating in the field in order to facilitate the exchange of best practices;
Amendment 225 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on Member States to abide by the recommendations in force concerning the treatment of foreign prisoners, based on their right not to suffer discrimination and prisoners' rights;
Amendment 227 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on Member States' prison authorities to guarantee each prisoner the right to exercise or change his religion in dedicated spaces and, as far as practicable, grant prisoners access to approved representatives and materials of their religion or belief. Prison authorities shall also provide, as much as possible, a diet that takes account of the cultural and religious requirements of prisoners and/or allow prisoners to purchase and cook food;
Amendment 238 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on Member States to combat the growing phenomenon of radicalisation in prison and to improve education procedures;
Amendment 243 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on Member States to provide support, adequate resources, targeted training, safety and supervision to penitentiary authorities at all levels and especially to frontline staff closely working with juvenile offenders and radicalised inmates. In particular, staff shall be adequately trained to detect signs of radicalisation at an early stage;
Amendment 248 #
11a. Emphasises the importance of taking measures to combat violence in prisons and provide psychological support;
Amendment 250 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Prisons authorities shall develop specific tools and methods for identifying and monitoring radicalised inmates according to the degree of radicalisation. Inmates ranked in the highest stage of radicalisation or actively recruiting fellow prisoners shall be flagged to the judicial authorities and/or national authorities in charge of counterterrorism;
Amendment 263 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Encourages Member States and the European Parliament to implement pilot projects aimed at providing educational training and languages courses both to prisoners and staff involving Non-Governmental Organisations, educators and social services;
Amendment 271 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Emphasises that women prisoners have specific needs and they must have access to adequate medical services and medical examinations and to appropriate sanitary measures; also draws attention to the importance of appropriate raising and education conditions for the women prisoners' children;
Amendment 277 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on Member States to promote policies to reintegrate prisoners into civil life by way of vocational training and retraining schemes and to establish policies on monitoring and adjustment of penalties;
Amendment 279 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Encourages Member States' penitentiary authorities to develop a code of conduct to be applied to the staff. The code of conduct shall include specific guidelines on accountability, integrity, respect for and protection of human dignity, care and assistance to prisoners, fairness, impartiality and non- discrimination as well as confidentiality and data protection;
Amendment 282 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Stresses that staff serving in prisons carry out a highly demanding work on behalf of the community, and shall therefore have adequate remuneration and proper working conditions including free psychological counselling and dedicated helplines designed to provide support to staff facing problems likely to affect their work;
Amendment 283 #
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Calls on the Commission to publish detailed reports on the situation of prisons in Europe every five years since the approval of this INI report, including in depth analysis on the level of education and trainings provided to inmates and assessment of the results (including reiteration rates) achieved using alternative measures to detention;
Amendment 284 #
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Calls on the European Commission to evaluate possible common statistical methodologies to calculate prison capacity in the same way across the Union;