21 Amendments of Kostas CHRYSOGONOS related to 2015/2062(INI)
Amendment 2 #
Motion for a resolution
Citation 3
Citation 3
— having regard to the European Convention on Human Rights and Fundamental Freedoms (ECHR) (Article 3, Article 8), the protocols to the ECHR and the case- law of the European Court of Human Rights, the European Convention of 1987 for the Prevention of Torture and Inhuman or Degrading Treatment and Punishment and the reports of the European Committee for the Prevention of Torture (CPT),
Amendment 9 #
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to the judgments of the European Court of Human Rights Khodorkovskiy and Lebedev v. Russia5, Vintman v. Ukraine6 and Rodzevillo v. Ukraine7, 5 ECHR 11082/06, and 13772/05, 25.07.2013. 6 ECHR 28403/05, 23.10.2014. 7 ECHR 387711/06, 14/01/2016.
Amendment 10 #
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
- having regard to the judgment of the European Court of Human Rights Vinter and others v. UK8; 8 ECHR 66069/09, 130/10, 3896/10, 09.07.2013.
Amendment 13 #
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard also to the studies of the European Penal Observatory (EPO): "From national practices to European guidelines: interesting initiatives in prisons management", 2013 (ISBN 978- 88-98688-09-8), as well as "National monitoring bodies of prison conditions and the European standards", 2015 (ISBN 978-88-98688-11-1);
Amendment 41 #
Motion for a resolution
Recital E
Recital E
E. whereas imprisonment is a particularly inappropriate situation in which to place certain vulnerable individuals, such as minors and people suffering from mental and psychiatric disturbances or other serious illnesses;
Amendment 69 #
Motion for a resolution
Recital I
Recital I
I. whereas continuous training of prison staff and, good and safe working conditions as well as an increase in staffing levels among them are essential to ensure good detention conditions in prisons;
Amendment 72 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas motivated, dedicated and respected prison staff is precondition for human detention conditions and hence for the success of detention concepts designed to improve the management of prisons, the successful reintegration of inmates into society, and the reduction of risks of radicalisation and recidivism;
Amendment 87 #
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas it has been proven that it is easier to maintain good order in prisons, when the different needs of inmates [including the need for "a basic comfort" (i.e. accommodation respecting the norms of decency and hygiene, protection against any abuse, access to medical services of good quality), the need for equity, the need for a possibility to practice activities which involve the inmates' skills and reveal their potential, as well the need for a possibility of developing regular contacts with the outside world, to have moments of intimacy, to develop personalised and helpful relationship with the prison staff], are respected9; 9 See for example: Zamble, E. (1992), "Behaviour and adaption in long-term prison inmates. Descriptive longitudinal results", Criminal Justice and Behaviour, 19; Morgan, R. (1994), "Thoughts about control in prisons", Prison Service Journal 93; Snacken, S. (2011), "Prisons en Europe. Pour une Penalogie critique et humaniste", Lacrier.
Amendment 94 #
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. whereas research concludes that the development of a representative democracy and of a constructive dialogue inside prisons has been beneficial for prisoners, staff and the wider society and helps to improve staff- prisoner relationships;
Amendment 101 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that a restorative and protective view of criminal justice systems automatically entails a higher respect for individual's human dignity as it aims the protection of society and the rehabilitation of the person. Therefore, stresses that by focusing on restoration of both society and the individual who broke the law, societies can leave the personal human dignity intact, while condemning the specific criminal behaviour.
Amendment 124 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Regrets that the development of mediation and restorative practices over the use of disciplinary proceedings is almost entirely absent across most of Member States of the EU; calls therefore on the EU institutions to gather evidence on positive mediation as a restorative practice across most Member States and actively communicate this research to the penal systems of the Member States;
Amendment 138 #
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; recalls that privatisations of penal systems often leave many questions open regarding the profit orientated management of prisons, its impact on detention conditions and on the respect of fundamental rights; recalls that the execution of sentences and punishments must, as an intrusion into fundamental rights and liberties, remain under the authority of the state; recalls the Commission recently mentioned the possibility of drawing on the Structural Funds of the European Union;
Amendment 157 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that remand in custody must remain a measure of last resort, to be used in cases where it is strictly necessary and for the shortest possible period of time; deplores the fact that in many Member States in practice remand is used systematically, which, combined with poor prison conditions or practices such as solitary confinement, may constitute a violation of the fundamental rights of prisoners;
Amendment 170 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. In order to make a success of social reintegration prisoners shall be allocated to the extent possible, to prisons close to their homes or their places of social rehabilitation; the place of family, linguistic, cultural, social or economic and other links should be taken into account by the authorities when allocating prisoners. According to the European Court of Human Rights, detaining a person in a prison which is so far from his or her family as to render family visits very difficult or even impossible may constitute a breach of Article 8 ECHR (the right to respect for private and family life).
Amendment 187 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes with concern the wide variation between Member States of minimum terms to be served before reviews of sentences of life imprisonment; notes the importance of sentence reviews as a mechanism to promote rehabilitation and atonement; draws attention in this regard to minimum term limits in the Scandinavian countries.
Amendment 194 #
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 seriously 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 Member States to review each of the files of the seriously ill prisoners and consider whether their release on compassionate grounds would help to guarantee their right to health.
Amendment 200 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Points out that access to courses for inmates (e.g. through the use of digital technology) should be the norm across the EU; access to education can be transformative for an inmate and it can broaden employment opportunities following release;
Amendment 201 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Stresses that there is a need to establish a comprehensive programme of secure cyber-access across the EU, as the appropriate technology exists to make such access secure and for certain sites to be blocked.
Amendment 254 #
12. Recalls that consideration for and training of prison staff is essential in order to ensure good detention conditions in prison, and; recalls the fundamental role of social dialogue with prison staff as well as its involvement via information and consultation, especially when developing new detention concepts designed to improve prisons' systems and conditions, including those aiming at containing radicalization threats; encourages Member States to share information and good practices; to this end, calls for a General Assembly of Prison Administrations, which should include representatives of prison staff, to be convened;
Amendment 264 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on Member States to encourage prison governors to commit to the development of prison councils in all establishments;
Amendment 281 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the EU institutions to support technically and economically, as far as possible, the improvement of prisons' systems and conditions, especially in Member States who face serious financial difficulties;