Awaiting Parliament 1st reading / single reading / budget 1st stage
2015/2062(INI) Prisons' systems and conditions
Next event: Debate in plenary scheduled 2017/10/04 more...
Lead committee dossier: LIBE/8/02967
Legal Basis RoP 052
Next event: Debate in plenary scheduled 2017/10/04 more...
- Vote in plenary scheduled 2017/10/05
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | FEMM | MATERA Barbara (EPP) | |
| Lead | LIBE | BERGERON Joëlle (EFD) | DATI Rachida (EPP), CHINNICI Caterina (S&D), DALTON Daniel (ECR), JEŽEK Petr (ALDE), CHRYSOGONOS Kostas (GUE/NGL), JOLY Eva (Verts/ALE) |
Legal Basis RoP 052
Activites
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2017/10/05
Vote in plenary scheduled
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2017/10/04
Debate in plenary scheduled
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2017/07/06
Committee report tabled for plenary, single reading
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A8-0251/2017
summary
The Committee on Civil Liberties, Justice and Home Affairs adopted an own-initiative report by Joëlle BERGERON (EFDD, FR) on prison systems and conditions. Members recalled that in 2014 prisons across the EU were holding over half a million inmates, including both convicted persons serving their definitive sentence and persons accused of a crime who were on remand. Although prison conditions and prison management are responsibilities of the Member States, the EU also has a necessary role to play in protecting the fundamental rights of prisoners held in prisons in some Member States where conditions are degrading and inhumane. Improving conditions of detention: in view of the alarming conditions of detention in some Member States and the state of a number of several European prisons, the report called on the Member State to comply with the rules on detention arising from the instruments of international law and Council Europe standards. Members deplored the fact that prison overcrowding is widespread in Europe, with the number of prisoners exceeding the number of available places in a third of the European penitentiary institutions. Overcrowding in prisons often has serious impact on the safety of staff and prisoners. While stressing that increasing prison capacity is not the only solution to overcrowding, Members called on the Member States to: allocate adequate resources to the refurbishment and modernisation of prisons in order to prioritise small units with accommodation for a restricted number of prisoners; establish dignified conditions of detention and create collective spaces that meet the objectives of activities provision and socialisation; encourage rehabilitation and reintegration into society and develop educational facilities; ensure a safer living and working environment for both prisoners and staff. Detention rules: Members advocated that detention rules that vary in line with the prisoners and the level of risk they pose constitute a good method for preventing recidivism and preventing short-term inmates and those convicted of minor offences from coming into contact with long-term inmates. Prisoners should be offered a balanced programme of activities that allows them to spend as many hours a day outside their cells to benefit from human and social interactions. Solitary confinement should be used as a last resort. Member States should ensure that prisoners have regular contact with family and friends by allowing them to serve their sentences in establishments close to their homes, by encouraging visits, telephone calls and the use of electronic means of communication, subject to authorisation by the judge and monitoring by the prison administration. In addition, pre-trial detention should only be used as a last resort and used in the strictly necessary cases and for the shortest period of time, in compliance with the National Code of Criminal Procedure. The number of prisoners could be reduced by the frequent use of non-custodial punishments. Rehabilitation and reintegration: Members stated that, in addition to the punitive aspect of imprisonment, attention should also be devoted to the development of practical skills and the rehabilitation of prisoners, as well as to reduce recidivism. They encouraged Member States to introduce sentence adjustment measures, particularly for the shortest sentences, including the use of day release, increased use of home detention and electronic tagging. The report also suggested that reinforced measures should be put in place to monitor prisoners after their release from prison where they have been convicted of serious crimes. Members recommended, inter alia: taking better account of the vulnerability of elderly and disabled prisoners and persons with mental illness; acting against all forms of discrimination in the treatment of prisoners on grounds of sexual orientation; paying particular attention to the needs of women in prison; developing a national action plan to prevent suicide of persons in detention; ensuring that children in prison are treated in a manner that takes into account their best interests, including being held separately from adults at all times, also during prison transfers, and having the right to maintain contact with their families unless a court rules otherwise; ensuring the provision of health care services and infrastructure in prisons. Radicalisation in prison: Members suggested tackling radicalisation by improving the detection of early signs of the phenomenon (e.g. by training staff and improving prison intelligence), developing educational measures and by strengthening communication and inter-faith dialogue. The report stressed that differentiated detention regimes for detainees who are considered to be radicalised should only be imposed on a case-by-case basis, be based on a judicial decision and be subject to review by the competent judicial authorities. Member States are encouraged to share best practices regarding education, rehabilitation and reintegration programmes, with the particular aim of improving reintegration after leaving prison and to help prevent recidivism and further radicalisation.
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A8-0251/2017
summary
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2017/06/21
Vote in committee, 1st reading/single reading
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2015/03/12
Committee referral announced in Parliament, 1st reading/single reading
Documents
- Committee report tabled for plenary, single reading: A8-0251/2017
| Amendments | Dossier |
| 320 |
2015/2062(INI)
2017/04/03
FEMM
37 amendments...
Amendment 1 #
Draft opinion Recital A A. whereas on average women account for 4.5 % of the prisoners in the 28 Member States and the increased number of women in prison is partly due to worsening economic conditions for women; whereas the distribution by age of women prisoners is a fundamental principle of the protection for minors, and whereas every detention centre needs a wing to house vulnerable prisoners;
Amendment 10 #
Draft opinion Paragraph 2 2. Notes that mental illnesses are overrepresented among women in prison and that women are more prone to commit self-harm, suicide or have problems with drugs
Amendment 11 #
Draft opinion Paragraph 2 2. Notes that mental illnesses are overrepresented among women in prison and that women are more prone to commit self-harm, suicide or have problems with drugs and alcohol abuse; calls on the Member States to improve conditions for women in prison by taking into account their specific needs, including by means of prevention, monitoring and the treatment of physical and mental health problems; calls therefore on Member States to invest in qualified support staff to ensure that these issues are addressed and tangible improvements can be made;
Amendment 12 #
Draft opinion Paragraph 2 2. Notes that mental illnesses are overrepresented among women in prison and that women are more prone to commit self-harm, suicide or have problems with drugs and alcohol abuse; calls on the Member States to improve conditions for women in prison by taking into account their specific needs, including by means of psychosocial support, prevention, monitoring and the appropriate and sufficient treatment of physical and mental health problems;
Amendment 13 #
Draft opinion Paragraph 2 2. Notes that mental illnesses are overrepresented among women in prison and that women are
Amendment 14 #
Draft opinion Paragraph 2 a (new) 2a. Calls on the Member States to pay particular attention to the protection of the health, dignity and privacy of women in detention centres with regard to their specific medical and hygiene needs, as these may be neglected or treated inappropriately owing to the small number of women in such centres, and reminds Member States that regaining self-esteem is an essential component of human dignity;
Amendment 15 #
Draft opinion Paragraph 3 3. Considers it essential that special attention is given to the needs of pregnant women in prison, not only during pregnancy but also after they have given birth, by p
Amendment 16 #
Draft opinion Paragraph 3 3. Considers it essential that special attention is given to the needs of pregnant women in prison, not only during pregnancy but also after they have given birth, by providing adequate spaces for breastfeeding and qualified and specialised nursing; considers it appropriate to reflect upon alternative models that take into account the wellbeing of children in prisons;
Amendment 17 #
Draft opinion Paragraph 3 3. Considers it essential that special attention is given to the needs of pregnant women in prison, not only during pregnancy but also after they have given birth, by providing adequate spaces for breastfeeding and nursing; considers it appropriate to reflect upon alternative models that take into account the wellbeing of children in prisons; maintains that the automatic separation of the mother from her child creates strong emotional disturbances in the child and can be equated with a double penalty for the mother; calls on the Member States to put in place provisions to enable mothers to stay with their children for as long as possible;
Amendment 18 #
Draft opinion Paragraph 3 3. Considers it essential that special attention is given to the needs of pregnant women in prison, not only during pregnancy but also after they have given birth, by providing adequate spaces for breastfeeding and nursing; considers it appropriate to reflect upon alternative models that take into account the wellbeing of children in prisons; calls on Member States to undertake measures to support prisoners who are mothers, by providing practical and financial support to visiting children and their carers, by extending visiting time for children, by extending telephone time for mothers;
Amendment 19 #
Draft opinion Paragraph 3 3. Considers it essential that special attention is given to the needs of pregnant women in prison, not only during pregnancy but also after they have given birth, by providing adequate spaces for breastfeeding and nursing; considers it appropriate to reflect upon alternative models that take into account the wellbeing of children in prisons; Calls on the Member States to provide sexual and reproductive health services to women in prison;
Amendment 2 #
Draft opinion Recital B B. whereas very often female prisoners are mothers and the sole carers of young children and whereas, because of the uneven territorial coverage of establishments able to accommodate them, these women suffer more from the breakdown of their family ties;
Amendment 20 #
Draft opinion Paragraph 4 4. Calls on the Member States to cease in tolerating violence against female prisoners and degrading practices, which constitute a violation of fundamental human rights and calls on Member States to take affirmative action in the fight against all forms of violence against women in prison
Amendment 21 #
Draft opinion Paragraph 4 4. Calls on the Member States to take affirmative and preventive action in the fight against all forms of violence against women in prison such as sexual exploitation which is totally unacceptable and degrading practices, and to take all the necessary measures to provide psychological support to all women prisoners who are victims of multiple forms of violence;
Amendment 22 #
Draft opinion Paragraph 4 4. Calls on the Member States to take affirmative action in the fight against all forms of violence against women in prison and degrading practices, and to take all the necessary measures to provide psychological support, through qualified staff, to all women prisoners who are victims of physical or psychological violence;
Amendment 23 #
Draft opinion Paragraph 4 4. Calls on the Member States to take affirmative action in the fight against all forms of violence against women and LGBTQI persons in prison and degrading practices, and to take all the necessary measures to provide psychological support to all
Amendment 24 #
Draft opinion Paragraph 4 4. Calls on the Member States to take
Amendment 25 #
Draft opinion Paragraph 4 a (new) 4a. Underlines the difficult conditions experienced by transgender people within prisons; urges Member States to ensure access for people in gender transition to hormone treatment and psychological support and to assignment to prisons that correspond to their sexual identity;
Amendment 26 #
Draft opinion Paragraph 4 a (new) 4a. Stresses the extreme vulnerability of LGBTI inmates who are at greatest risk of discrimination, abuse and sexual violence; calls on the Member States to provide individual cells to ensure the safety, dignity and privacy of transsexual and intersex prisoners;
Amendment 27 #
Draft opinion Paragraph 4 b (new) 4b. Encourages those Member States in which women prostitutes are detained for soliciting to review their legislation in the light of the Swedish model and to propose strategies for helping prostitutes to abandon prostitution;
Amendment 28 #
Draft opinion Paragraph 4 c (new) 4c. Condemns in this connection the systematic practice of removing bras from women in police custody, a practice which is not proportionate to the risks involved;
Amendment 29 #
Draft opinion Paragraph 5 5.
Amendment 3 #
Draft opinion Recital B B. whereas very often female prisoners are mothers and the sole carers of young children; whereas fewer women's prisons mean that often mothers are stationed far away from their children;
Amendment 30 #
Draft opinion Paragraph 5 5. Urges
Amendment 31 #
Draft opinion Paragraph 5 5.
Amendment 32 #
Draft opinion Paragraph 5 5. Urges the Member States to take all the necessary action to prevent
Amendment 33 #
Draft opinion Paragraph 5 a (new) 5a. Considers it essential that women and LGBTQI prisoners have adequate access to body care and personal hygiene services; emphasises that body care and personal hygiene are inalienable rights of the person which must be considered linked to mental well-being.
Amendment 34 #
Draft opinion Paragraph 5 a (new) 5 a. Recognizes that the level of education of women in prison is on average quite low, therefore asks the member States to provide additional attention to education programmes, vocational training and social reintegration measures, in order to facilitate their reintegration in society.
Amendment 35 #
Draft opinion Paragraph 5 a (new) 5 a. Urges Member States to ensure that international and European standards on gendered staffing be followed to protect female prisoners from violence at the hands of male staff.
Amendment 36 #
Draft opinion Paragraph 5 b (new) 5 b. Considers it essential that appropriate steps are taken to ensure full and fair reintegration of female prisoners, including through the eradication of practices that equip women for less well- paid work than men, such as textiles and cleaning, and through the implementation of gender-specific reintegration programmes.
Amendment 37 #
Draft opinion Paragraph 5 b (new) 5 b. Calls on Members State to provide appropriate training for medical and prison staff dealing with female prisoners as women often are subject to gender specific abuse, violence or exploitation from other prisoners or staff.
Amendment 4 #
Draft opinion Recital B a (new) Ba. whereas the non-mixed nature of activities and the isolation of women's detention quarters in prisons housing prisoners of both genders make it particularly difficult for women to access common facilities such as sanitary facilities, socio-cultural areas, sports grounds or libraries, whereas not all female prisoners are able to occupy a post in central services because they are prohibited from frequenting certain common facilities, and whereas such access which should be ensured for women prisoners contributes to the reconstruction of their social life and the normalisation of life in custody which is a necessary precondition for any reintegration;
Amendment 5 #
Draft opinion Recital B a (new) B a. whereas the European Prison Rules state that "special provision shall be made for the sanitary needs of women" (19.7), and the UN Standard Minimum Rules for the Treatment of Prisoners states that "in women's institutions there shall be special accommodation for all necessary pre-natal and post-natal care and treatment"(23. (1)), but such rules are not often followed in member states, and as the European Prison Observatory notes, "in practice, women's sanitary needs are not always remembered or respected";
Amendment 6 #
Draft opinion Recital B b (new) B b. whereas the Convention on the Prevention of Torture requires that mixed staffing be used in prisons, and that "persons deprived of their liberty should only be searched by staff of the same gender and that any search that requires an inmate to undress should be conducted out of sight of custodial staff of the opposite gender", and whereas the UN Standard Minimum Rules for the treatment of prisoners states that "[n]o male member of the staff shall enter the part of the institution set aside for women unless accompanied by a woman officer", and that "[w]omen prisoners shall be attended and supervised only by women officers", but these practices are not always followed in Member States;
Amendment 7 #
Draft opinion Paragraph 1 1. Calls on the Member States to collect information on all aspects of imprisonment, to make a breakdown of all data by gender and to make the statistics available in order to understand the most common crimes committed by women, and to also consider alternative forms of detention for minor crimes and calls on the Member States in this connection to take all necessary measures to combat prison overcrowding, which must in no way constitute an obstacle to the effective application of the principle of equality between men and women;
Amendment 8 #
Draft opinion Paragraph 1 a (new) 1 a. Calls on the member states to ensure that all sanitary and health needs for women, including gynaecological health, pre- and post-natal care, menstrual products, sexual and reproductive health, and appropriate measures to tackle the disproportionately high instances of drug use among female prisoners, are provided in prisons;
Amendment 9 #
Draft opinion Paragraph 2 2.
source: 602.842
2017/05/10
LIBE
283 amendments...
Amendment 1 #
Motion for a resolution Citation 2 — having regard to the Universal Declaration of Human Rights (Articles 3 and 5), the International Covenant on Civil and Political Rights (Article 7) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Amendment 10 #
Motion for a resolution 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 100 #
Motion for a resolution Paragraph 1 1. Expresses its concern about prison conditions in certain Member States, particularly in Greece, France, Belgium, Italy, Slovenia and Romania; calls on Member States to comply with the rules on detention derived from the instruments of international law and Council of Europe standards;
Amendment 101 #
Motion for a resolution 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 102 #
Motion for a resolution Paragraph 1 a (new) 1a. Stresses that the accommodation provided for the prisoners, and in particular sleeping conditions, shall respect human dignity, privacy, and meet health and hygiene requirements, due regard being paid to climatic conditions and especially to floor space, cubic content of air, lighting, heating and ventilation;
Amendment 103 #
Motion for a resolution Paragraph 1 a (new) 1a. Urges the abolition of solitary confinement and the closed or isolation system in prisons; calls for all possible mechanisms to be put in place to prevent cases of ill treatment of prisoners and to put an end to the abuses seen in detention procedures;
Amendment 104 #
Motion for a resolution Paragraph 1 a (new) 1a. Calls on Member States to strengthen their judiciary systems and invest in training for judges;
Amendment 105 #
Motion for a resolution Paragraph 1 b (new) 1b. Prisoners shall be provided with a nutritious diet consisting of three meals a day at reasonable intervals that take into account their age, health, physical condition, religion, culture and the nature of their work inside the prison;
Amendment 106 #
Motion for a resolution Paragraph 1 c (new) 1c. Underlines that the prison authorities should not concentrate only on specific rules, such as those relating to work, education and exercise, but should review the overall prison regime of all prisoners to see that it meets basic requirements of human dignity; such activities should cover the period of a normal working day;
Amendment 107 #
Motion for a resolution Paragraph 1 d (new) 1d. Encourages Member States to provide for all prisoners a balanced programme of activities and to spend as many hours a day outside their cells as are necessary for an adequate level of human and social interaction. Particular attention shall be paid to the needs of prisoners who are vulnerable, disabled, and mentally ill or they have experienced physical, mental or sexual abuse;
Amendment 108 #
1e. Stresses that prisoners shall be allowed to communicate with their families or other people or their legal adviser, on a daily basis on the telephone, or other forms of online or offline communication, and to receive visits; the arrangements for visits shall be such as to allow prisoners to maintain and develop family relationships for a better reintegration in society;
Amendment 109 #
Motion for a resolution Paragraph 1 f (new) 1f. Considers that in special cases, and taking into consideration the mitigating circumstances, the prisoner should be authorised to leave prison under escort in order to visit a sick relative, attend a funeral or for other humanitarian reasons;
Amendment 11 #
Motion for a resolution Citation 14 — having regard to its resolution of 25 November 2015 on the prevention of radicalisation and recruitment of European citizens by terrorist organisations (2015/2063(INI))9,
Amendment 110 #
Motion for a resolution Paragraph 2 2. Reaffirms that detention conditions are a decisive element in the application of
Amendment 111 #
Motion for a resolution Paragraph 2 2. Reaffirms that detention conditions are a decisive element in the application of the principle of mutual recognition of judgments in the European Union Area of Freedom, Security and Justice, as the Court of Justice held in the Aranyosi and Căldăraru cases;
Amendment 112 #
Motion for a resolution Paragraph 2 a (new) 2a. Expresses its concern about and urges the immediate cessation of the measures involved in the application in Spain of the FIES prison-monitoring system (Ficheros de Internos de Especial Seguimiento), which was declared illegal in 2009 by Spain’s own Supreme Court for infringing the rights of prisoners but is still in operation today;
Amendment 113 #
Motion for a resolution Paragraph 2 b (new) 2b. Points out that all prisoners have a right to serve their sentences in prisons as close as possible to their places of residence; condemns the prison dispersal policy applied by a number of states because it represents an added punishment for prisoners’ families, who are forced to travel much further than would have been necessary in order to visit prisoners; urges that measures be put in place to allow all prisoners being detained far from their homes to be moved closer;
Amendment 114 #
Motion for a resolution Paragraph 3 3. Deplores the fact that overcrowding of prisons
Amendment 115 #
Motion for a resolution Paragraph 3 3. Deplores the fact that overcrowding of prisons, which is very common in Europe’s prisons,
Amendment 116 #
Motion for a resolution Paragraph 3 3. Deplores the fact that overcrowding of prisons, which is in many cases related to the disproportionally high number of third country nationals present in the EU and 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 117 #
Motion for a resolution Paragraph 3 3.
Amendment 118 #
Motion for a resolution 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 119 #
Motion for a resolution Paragraph 3 3. Deplores the fact that overcrowding of prisons, which is very common in Europe’s prisons,
Amendment 12 #
Motion for a resolution Citation 14 a (new) - having regard to its Written Declaration 0006/2011 of 14 February 2011 on infringement of the fundamental rights of detainees in the European Union,
Amendment 120 #
Motion for a resolution Paragraph 3 3. Deplores the fact that overcrowding of prisons, which is very common in Europe’s prisons,
Amendment 121 #
Motion for a resolution Paragraph 3 3. Deplores the fact that overcrowding of prisons, which is very common in Europe’s prisons, particularly in Spain, 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 122 #
3. Deplores the fact that overcrowding of prisons, which is very common in Europe’s prisons,
Amendment 123 #
Motion for a resolution Paragraph 3 a (new) 3a. Stresses that prison administrations have a responsibility not simply to ensure effective access for prisoners to medical care but also to establish conditions that promote the well- being of both prisoners and prison staff; the prisoners should not leave prison in a worse condition than when they entered. This applies to all aspects of prison life, but especially to health care;
Amendment 124 #
Motion for a resolution 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 125 #
Motion for a resolution Paragraph 3 a (new) 3a. Encourages Member States, with a view to preventing recidivism and encouraging the reintegration of prisoners, to prioritise policies and legislation focusing on restorative and mediation-based justice, which uses social, economic and cultural tools rather than purely punitive measures;
Amendment 126 #
Motion for a resolution Paragraph 3 a (new) 3a. Is concerned about the growing trend of classifying as crimes acts which used to be classified as minor infringements, and the heavier penalties imposed for specific infringements, resulting in prison sentences being given more often, and for longer periods;
Amendment 127 #
Motion for a resolution Paragraph 3 a (new) 3a. Underlines that systems which are entirely punitive are ineffective or even counter-productive; calls on Member States to de-criminalise certain minor offences for non-violent offenders, such as the use of cannabis (marijuana) and other soft drugs;
Amendment 128 #
Motion for a resolution 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 129 #
Motion for a resolution Paragraph 3 b (new) 3b. Calls on Member States to ensure that prisoners do have access to health care whenever needed, and they should ensure that there is a medical practitioner appointed to every prison; the medical practitioner should be a fully qualified medical doctor, and in large prisons a sufficient number of doctors should be appointed on a full-time basis;
Amendment 13 #
Motion for a resolution 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 130 #
Motion for a resolution Paragraph 3 b (new) 3b. Is concerned about immediate appearance proceedings which, although they are for minor offences, are accompanied by penalties which are on average twice as harsh as those imposed in traditional proceedings;
Amendment 131 #
Motion for a resolution 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) 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 133 #
Motion for a resolution Paragraph 3 c (new) Amendment 134 #
Motion for a resolution 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) 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 136 #
Motion for a resolution Paragraph 4 Amendment 137 #
Motion for a resolution 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; is concerned about the increase in privatisation of prison systems and the use of public/private partnerships in the construction and daily management of prisons; is concerned about the length of contracts with private enterprises, which are sometimes concluded for periods of longer than 20 years, on occasion making it impossible to apply new prison laws or prison policy reforms, and placing states in significant debt; deplores the fact that very few comparative studies have been carried out to evaluate the costs and the quality of management in public and private prisons; points out that the main tasks of guidance, monitoring and court administration must remain in the hands of the state; recalls that the Commission recently mentioned the possibility of drawing on the Structural Funds of the European Union
Amendment 138 #
Motion for a resolution 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 139 #
Motion for a resolution 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, to better combat the risk and spread of radicalisation and to improve working conditions for prison staff; recalls that the Commission recently mentioned the possibility of drawing on the Structural Funds of the European Union;
Amendment 14 #
Motion for a resolution 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 140 #
Motion for a resolution 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
Amendment 141 #
Motion for a resolution 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 increases in prison capacity; calls nonetheless on Member States to allocate appropriate resources to refurbishment and modernisation of prisons in order to pr
Amendment 142 #
Motion for a resolution 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
Amendment 143 #
Motion for a resolution Paragraph 4 4. Considers that increasing prisons’ capacity is
Amendment 144 #
Motion for a resolution 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 145 #
Motion for a resolution Paragraph 4 4. Considers that increasing prisons’ capacity is n
Amendment 146 #
Motion for a resolution 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 to lay down their obligations; recalls that the Commission recently mentioned the possibility of drawing on the Structural Funds of the European Union;
Amendment 147 #
Motion for a resolution Paragraph 4 4. Considers that increasing prisons’ capacity is not
Amendment 148 #
Motion for a resolution 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 a
Amendment 149 #
Motion for a resolution Paragraph 4 a (new) 4a. Calls on Member States to consider recruiting volunteers, within the context of the delivery of sanctions, to support professional staff, with a view to creating links that will promote the reintegration of individuals into society; considers that the tasks of the volunteers should be clearly distinct from those carried out by professional staff, and should fall within the limits of their competences;
Amendment 15 #
Motion for a resolution 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 150 #
Motion for a resolution Paragraph 4 a (new) 4a. Suggests that Member States should establish inspectorates for detention premises, as is the case in some Member States, to enable them to draw upon independent bodies to evaluate prison conditions;
Amendment 151 #
Motion for a resolution 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 152 #
Motion for a resolution Paragraph 4 a (new) 4a. Warns that penal establishments described as ‘modern’ can be dehumanising; points out that the socialisation of prisoners is necessary, and vital for their successful reintegration into society;
Amendment 153 #
Motion for a resolution Paragraph 4 b (new) 4b. Stresses the importance of in- depth thinking about the architectural principles that must take pride of place when constructing new prisons, such as prioritising the construction of small units, and avoiding as far as possible units with more than 1 000 places, creating collective spaces that meet the objectives of activity provision and socialisation, ensuring that movement within the prisons is fluid, and prioritising lighting and sound schemes that promote a peaceful atmosphere;
Amendment 154 #
Motion for a resolution Paragraph 4 b (new) 4b. Deplores the high number of suicides in prison; calls on each Member State to produce a national action plan to prevent suicides in places where people are detained; calls on the European Commission to promote the exchange of good practices in order to eliminate this phenomenon in European prisons;
Amendment 155 #
Motion for a resolution 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, may constitute a violation of the fundamental rights of prisoners; Considers that solving the problem of the overuse of pre-trial detention needs innovative solutions, including through the modernization of criminal code procedures and strengthening the judiciary;
Amendment 156 #
Motion for a resolution 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 according to national criminal procedure code; deplores the fact that in many Member States in practice remand is used systematically, which, combined with poor prison conditions, but not only, may constitute a violation of the fundamental rights of prisoners;
Amendment 157 #
Motion for a resolution 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 158 #
Motion for a resolution 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,
Amendment 159 #
Motion for a resolution Paragraph 5 a (new) 5a. Recalls that the European Prison Rules, adopted by the Committee of Ministers of the Council of Europe, underline that that prisoners should be able to participate in elections, referenda and in other aspects of public life, in so far as their right to do so is not restricted by national law; recalls that participation in electoral activities allows prisoners to become again active members of society, which helps in their reintegration path; urges Member States to facilitate the practical access to electoral rights for prisoners, such as setting up voting booths inside prisons on election days;
Amendment 16 #
Motion for a resolution 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 160 #
Motion for a resolution Paragraph 5 a (new) 5a. Calls on Member States to use solitary confinement only as a last resort, and to do so in a strictly regulated way; calls on Member States to abolish this measure for detainees who are minors;
Amendment 161 #
Motion for a resolution Paragraph 5 b (new) 5b. Recalls the principle of the universal right to health, and encourages Member States to guarantee access to health in prison;
Amendment 162 #
Motion for a resolution Paragraph 6 Amendment 163 #
Motion for a resolution 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 more educational and 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; with a view to promoting reintegration and contact with the external social and economic world, considers it beneficial to promote community service work by prisoners;
Amendment 164 #
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 more educational and 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; considers that, in order to be effective, the introduction of new, non- custodial measures should be accompanied by other measures such as penal, educational and social reforms;
Amendment 165 #
Motion for a resolution Paragraph 6 6. Points out that, compared with alternative measures, imprisonment leads to more re-offending for short sentences; 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 more educational and 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 166 #
Motion for a resolution Paragraph 6 6. encourages Member States to adopt
Amendment 167 #
Motion for a resolution Paragraph 6 6. Encourages Member States to
Amendment 168 #
Motion for a resolution Paragraph 6 6. Encourages Member States to adopt
Amendment 169 #
Motion for a resolution 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
Amendment 17 #
Motion for a resolution 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 170 #
Motion for a resolution 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 171 #
Motion for a resolution Paragraph 6 a (new) 6а. calls on the Member States to step up their efforts to develop action programmes for prisoners, paying particular attention to the special needs of juveniles, with a view to adding educational and social aspects to the punitive nature of punishment, in a bid to make it easier to achieve the re-education objectives of the punishment, to reintegrate prisoners socially and to reduce recidivism; emphasises in that regard the importance of providing access to educational and professional qualifications for prisoners;
Amendment 172 #
Motion for a resolution 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 173 #
Motion for a resolution Paragraph 6 a (new) 6a. Encourages Member States to introduce sentence adjustment measures, particularly for the shortest sentences, including the use of day release, allowing sentences to be served during holidays in order to avoid the prisoner losing his or her job, community service, and increased use of house arrest and electronic tagging; also considers that sentencing should be more individually tailored so that it can be delivered better;
Amendment 174 #
Motion for a resolution Paragraph 6 a (new) 6a. Recalls that the European Social Fund is a Union financial instrument improving job prospects for millions of Europeans, in particular those who find it difficult to get work, including prisoners and ex-offenders; welcomes the setting-up of projects helping prisoners to re- integrate into society and the labour market once they have served their sentence;
Amendment 175 #
Motion for a resolution Paragraph 6 a (new) 6a. Encourages Member States to ensure that prisoners are able to maintain links with family and friends by allowing them to serve their sentences in establishments close to their homes and by promoting access to visits, telephone calls and supervised use of new technologies;
Amendment 176 #
Motion for a resolution 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 177 #
Motion for a resolution Paragraph 6 a (new) 6a. Calls on Member States to combat lack of occupation in prisons, and to offer activities capable of encouraging prisoners to become active in determining their own futures;
Amendment 178 #
Motion for a resolution 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 179 #
Motion for a resolution Paragraph 6 b (new) 6b. Considers that prison regimes that vary in line with the prisoners and the level of risk that they pose is a good method for preventing recidivism and encouraging reintegration into society; points out, once again, that reintegration measures must be internalised and must start during the period of detention;
Amendment 18 #
Motion for a resolution Citation 16 e (new) - having regard to the Council of Europe handbook for prison and probation services regarding radicalisation and violent extremism,
Amendment 180 #
Motion for a resolution Paragraph 6 c (new) 6c. Encourages Member States to make it mandatory to work, study for a qualification or attend a training course during detention, in order to prepare detainees for release from prison; considers it vital for minors to have access to schooling and vocational training;
Amendment 181 #
Motion for a resolution 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 182 #
Motion for a resolution Paragraph 6 d (new) 6d. Calls on all Member States to introduce stronger measures for monitoring prisoners after their release from prison, when they have been convicted of serious crimes; suggests that follow-up measures, after release, be put in place, by convening a hearing chaired by a judge, and attended by probation and reintegration officers, to evaluate reintegration into society and the risk of re-offending;
Amendment 183 #
Motion for a resolution 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) 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) 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 186 #
Motion for a resolution Paragraph 7 a (new) 7a. Calls on the Member States to share any relevant information about persons who violate their conditions of probation, such as travel restrictions, with the respective European authorities and national authorities of the other Member States and to enter the data into the Schengen Information System (SIS) on a complete basis and in a timely manner.
Amendment 187 #
Motion for a resolution 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 188 #
Motion for a resolution Paragraph 7 a (new) 7a. Emphasises that no work performed by a prisoner should be a form of punishment and potential abuse must be combatted; work opportunities offered to prisoners should be relevant to contemporary working standards and techniques and organised to function within modern management systems and production processes;
Amendment 189 #
Motion for a resolution Paragraph 7 a (new) 7a. Calls on Member States to guarantee access to health care, within a reasonable period of time, in prison;
Amendment 19 #
Motion for a resolution 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 190 #
Motion for a resolution Paragraph 7 a (new) 7a. Calls on the Member States to provide for adequate healthcare services and appropriate medical facilities for prisoners;
Amendment 191 #
Motion for a resolution Paragraph 7 b (new) Amendment 192 #
Motion for a resolution Paragraph 7 b (new) 7b. Calls on the Member States to provide appropriate education facilities for juveniles in prison;
Amendment 193 #
Motion for a resolution Paragraph 8 Amendment 194 #
Motion for a resolution 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 195 #
Motion for a resolution Paragraph 8 8. Calls on Member States to abide by the specific recommendations concerning prison conditions for vulnerable detainees;
Amendment 196 #
Motion for a resolution Paragraph 8 – subparagraph 1 (new) Urges the Member States to ensure that prisoners with serious, chronic or cancer conditions receive the specific treatment that they need.
Amendment 197 #
Motion for a resolution Paragraph 8 – point 1 (new) (1) Emphasises the importance of separating prisoners with contagious diseases from other prisoners in order to prevent more cases of infection and improve the monitoring of infectious diseases.
Amendment 198 #
Motion for a resolution Paragraph 8 a (new) 8a. Deplores the fact that the vulnerable situation of elderly prisoners is not fully taken into account in some Member States; calls on Member States to ensure that elderly prisoners who become incapacitated are released; calls on Member States to ensure that elderly prisoners or prisoners who suffer from a handicap are provided with the necessary infrastructure such as ramps, lifts, handrails and wheelchairs;
Amendment 199 #
Motion for a resolution Paragraph 8 a (new) 8a. Calls for the provision of healthcare to all prisoners, delivered by qualified staff, to be guaranteed; expresses its concern about the difficulties experienced by prisoners in a number of states in accessing a doctor whom they can trust, being transferred to a high- quality medical centre or accessing an open regime despite suffering from serious illnesses;
Amendment 2 #
Motion for a resolution 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-
Amendment 20 #
Motion for a resolution Recital A a (new) Aa. whereas a questionnaire on prison systems and prison conditions was sent to all the governments of the EU Member States with a view to drafting this report; whereas 26 replies were received;
Amendment 200 #
Motion for a resolution 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) 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 202 #
Motion for a resolution Paragraph 9 9.
Amendment 203 #
Motion for a resolution Paragraph 9 9. Reaffirms the importance of ensuring that children in prison are treated in a manner that takes into account their best interests, including being kept separate from adults and having the right to maintain contact with their families; recalls that Directive (EU) 2016/800 on procedural safeguards for children includes a preference for alternative measures; calls on the Member States to establish own attendance centers for adolescents;
Amendment 204 #
Motion for a resolution Paragraph 9 9. Reaffirms the importance of ensuring that children in prison are treated in a manner that takes into account their best interests, including being kept separate from adults at all times, including during prison transfers, and having the right to maintain contact with their families; recalls that Directive (EU) 2016/800 on procedural safeguards for children includes a preference for alternative measures;
Amendment 205 #
Motion for a resolution Paragraph 9 9. Reaffirms the importance of ensuring that children in prison are treated in a manner that takes into account their best interests, including being kept separate from adults and having the right to maintain contact with their families, unless a court decision rules otherwise; recalls that Directive (EU) 2016/800 on procedural safeguards for children includes a preference for alternative measures;
Amendment 206 #
Motion for a resolution 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 207 #
Motion for a resolution Paragraph 9 a (new) 9a. Calls on Member States to ensure that prisoners have regular contacts with their families through inter alia letters, telephone calls and visits, but also through modern technologies; recalls that the notion of family should be interpreted liberally to include a person with whom the prisoner has established a relationship comparable to that of a family member even if the relationship has not been formalised;
Amendment 208 #
Motion for a resolution Paragraph 9 a (new) 9a. Considers that appropriate attention should be paid to the gender- specific needs of female prisoners, with regard to both healthcare and any other aspects; expresses its concern about the requisite attention not being paid to female prisoners, frequently on the pretext that women are a minority group in prisons;
Amendment 209 #
Motion for a resolution Paragraph 9 a (new) 9a. Notes that children in detention shall receive care, protection and all necessary individual assistance-social, educational, vocational, psychological, medical and physical-that they may require in view of their age, sex and personality. Calls on Member States to extend particular care and special protection to children in detention;
Amendment 21 #
Motion for a resolution Recital B B. whereas prison conditions and prison management are responsibilities of the Member States but the Union also has a necessary role to play in protecting the fundamental rights of prisoners and in creating the European Area of Freedom, Security and Justice; whereas it falls within the remit of the European Union to encourage the exchange of good practices between Member States, in view of shared problems posing real security threats across Europe;
Amendment 210 #
Motion for a resolution Paragraph 9 a (new) Amendment 211 #
Motion for a resolution Paragraph 9 a (new) 9a. Calls on Member States to abide by the recommendations in force concerning the treatment of female prisoners, avoiding any gender discrimination;
Amendment 212 #
Motion for a resolution 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 213 #
Motion for a resolution Paragraph 9 b (new) 9b. Urges Member States to allow intimate family visits for an extended period of time, for example 72 hours, as such long visits allow inmates to have intimate relations with their partners; recalls that shorter visits for this purpose may be demeaning to both partners and are detrimental to good prisoners' conditions;
Amendment 214 #
Motion for a resolution Paragraph 9 b (new) 9b. Notes that children in detention shall maintain regular and meaningful contact with parents, family and friends through visits and correspondence, except when restrictions are required in the interests of justice and the interests of the child. Restrictions on this right should never be used as a punishment;
Amendment 215 #
Motion for a resolution Paragraph 9 b (new) 9b. Reiterates the importance of preserving family and personal links, for each prisoner; considers it vital for appropriate conditions to be provided in which those links may be maintained; considers relationships of that kind to be vital to reintegration into society;
Amendment 216 #
Motion for a resolution Paragraph 9 b (new) 9b. Calls on Member States to take action against any form of discrimination in the treatment of prisoners on the grounds of sexual orientation, and to take positive actions to guarantee prisoners’ rights to sexuality;
Amendment 217 #
Motion for a resolution Paragraph 9 b (new) 9b. Urges the guaranteeing of full rights to prisoners who are members of the LGBTIQ group;
Amendment 218 #
Motion for a resolution Paragraph 9 c (new) 9c. Notes that children in detention shall have access to programmes that prepare children in advance for their return to their communities, with full attention given to them in respect of their emotional and physical needs, their family relationships, housing, schooling and employment possibilities and socio- economic status;
Amendment 219 #
Motion for a resolution 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 22 #
Motion for a resolution Recital B B. whereas prison conditions and prison management are responsibilities of the Member States
Amendment 220 #
Motion for a resolution 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 221 #
Motion for a resolution 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; underlines that prisoners who are detained in another Member State than their Member State of residence have more difficulties in keeping in contact with their families; recalls that any prisoner should be detained in a location as close as possible to his or her family members;
Amendment 222 #
Motion for a resolution 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; stresses that it would be advisable to develop specific areas for new arrivals, adapted to their needs;
Amendment 223 #
Motion for a resolution 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, in particular by promoting action being taken by cultural mediators;
Amendment 224 #
Motion for a resolution Paragraph 10 10. Calls on Member States to abide by the recommendations in force concerning the treatment of foreign prisoners, based on
Amendment 225 #
Motion for a resolution 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 226 #
Motion for a resolution Paragraph 10 10. Calls on Member States to
Amendment 227 #
Motion for a resolution 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 228 #
Motion for a resolution Paragraph 11 11. Calls on Member States to combat the growing phenomenon of radicalisation in prisons by improving mechanisms for identifying and dealing with extremist behaviour and mechanisms for identifying and confiscating extremist propaganda materials, as well as working on rehabilitation programs and units; encourages Member States to exchange best practice in order to counter the increase in terrorist radicalisation in Europe's prisons;
Amendment 229 #
11. Calls on Member States to combat the growing phenomenon of radicalisation in prison, e.g. by training prison staff in detecting early signs of radicalization of individual inmates, by strict alternative accommodation of radicalized inmates, irrespectively of this person serving a sentence or being in custody awaiting trial or by verifying non governmental organisations which have access to inmates;
Amendment 23 #
Motion for a resolution Recital B B. whereas prison conditions and prison management are responsibilities of the Member States
Amendment 230 #
Motion for a resolution Paragraph 11 11. Calls on Member States to combat the
Amendment 231 #
Motion for a resolution Paragraph 11 11. C
Amendment 232 #
Motion for a resolution Paragraph 11 11. Calls on Member States to combat the growing phenomenon of radicalisation in prison; considers that better mentoring, more psychiatric care or exchanges with people who have renounced jihad is essential in the fight against radicalization;
Amendment 233 #
Motion for a resolution Paragraph 11 11. Calls on Member States to combat the growing phenomenon of radicalisation in prison through, inter alia, improving detection capabilities, developing educational measures and supporting inter-faith dialogue and communication;
Amendment 234 #
Motion for a resolution Paragraph 11 11. Calls on Member States to strenuously combat the growing phenomenon of radicalisation in prison and to impose exemplary sentences on those responsible for terrorist acts or those involved in terrorist acts;
Amendment 235 #
Motion for a resolution Paragraph 11 11. Calls on Member States to combat the growing phenomenon of radicalisation in prison while protecting freedom of religion and avoiding discrimination relating to the practice of a faith;
Amendment 236 #
Motion for a resolution Paragraph 11 11. Calls on Member States to combat the growing phenomenon of radicalisation
Amendment 237 #
Motion for a resolution Paragraph 11 11. Calls on Member States to combat the growing phenomenon of radicalisation in prison by improving, in particular, prison intelligence;
Amendment 238 #
Motion for a resolution Paragraph 11 11. Calls on Member States to combat the growing phenomenon of radicalisation in prison and to improve education procedures;
Amendment 239 #
Motion for a resolution Paragraph 11 11. Calls on Member States to combat the growing phenomenon of radicalisation of Muslims in prison;
Amendment 24 #
Motion for a resolution Recital B B. whereas prison conditions and prison management are responsibilities of the Member States but the Union also has a necessary role to play in sharing best practice in order to protect
Amendment 240 #
Motion for a resolution Paragraph 11 – subparagraph 1 (new) Urges the Member States to take into account the type of crime when deciding how to distribute the prison population, preventing short-term inmates and those convicted of minor offences from coming into contact with long-term inmates, particularly those convicted of violent and organised crimes, given that one of the objectives of a prison sentence is to encourage the prisoner’s re-integration into society.
Amendment 241 #
Motion for a resolution Paragraph 11 a (new) Amendment 242 #
Motion for a resolution Paragraph 11 a (new) 11a. Recalls that under the European Agenda on Security the European Union has made funding available in order to support vocational training for prison personnel with the aim of countering radicalisation in prisons. Calls on member states to make full use of the Radicalisation Awareness Network (RAN) Centre of Excellence, and specifically to further share expertise through the Prison and Probation Working Group therein;
Amendment 243 #
Motion for a resolution 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 244 #
Motion for a resolution Paragraph 11 a (new) 11a. Calls on the European Commission to promote the exchange of good practices between Member States with the aim of preventing and combating radicalisation in prisons and in detention centres for minors; notes that young people are particularly vulnerable to propaganda circulated by terrorist organisations;
Amendment 245 #
Motion for a resolution Paragraph 11 a (new) 11а. Calls on the Member States to undertake decisive action to deal with and prevent the occurrence of violence among prisoners and any forms of ill-treatment towards prisoners on the part of the prison staff;
Amendment 246 #
Motion for a resolution Paragraph 11 a (new) 11a. Encourages specific training to be put in place to enable prison staff to prevent and identify radical behaviour, and to deal appropriately with radicalised prisoners;
Amendment 247 #
Motion for a resolution Paragraph 11 a (new) 11a. Calls on Member States to combat the phenomenon of trafficking in illicit substances and drugs in prisons more effectively;
Amendment 248 #
11a. Emphasises the importance of taking measures to combat violence in prisons and provide psychological support;
Amendment 249 #
Motion for a resolution Paragraph 11 b (new) 11b. Calls on the European Commission to propose, on the basis of good practices, guidelines on measures to be applied in European prisons to prevent radicalisation, while also relying on the work of RAN, the Radicalisation Awareness Network; considers it vital for radicalised prisoners to be placed under a special detention regime, tailored to their risk level and their needs; points out the importance of keeping radicalised prisoners away from other prisoners to prevent the spread of radicalisation in prison;
Amendment 25 #
Motion for a resolution Recital B B.
Amendment 250 #
Motion for a resolution 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 251 #
Motion for a resolution Paragraph 11 c (new) 11c. Considers it vital for prison staff to receive adequate training so that they are equipped to deal with developments in new types of minor offences and crimes; considers that, given the radicalisation occurring in prisons, it is absolutely vital to develop specialised training courses for all prison staff, probation officers and partners working within the penal system, religious workers and NGO staff who interact with prisoners, to train them on early detection, prevention and the management of radical behaviours; stresses the importance of appropriately recruiting and training religious, philosophical and secular representatives so that they are able not only to adequately meet prisoners’ cultural and spiritual needs in prisons, but also to contribute to countering potential radical discourse;
Amendment 252 #
Motion for a resolution Paragraph 11 d (new) 11d. Urges Member States to exchange good practices and to set up full de- radicalisation programmes in detention, steered by multi-disciplinary committees open to all those involved in de- radicalisation, and in particular psychologists, social workers and prison chaplains;
Amendment 253 #
Motion for a resolution Paragraph 12 Amendment 254 #
12. Recalls that consideration for and training of prison staff is essential in order to ensure good detention conditions in prison
Amendment 255 #
Motion for a resolution Paragraph 12 12. Recalls that consideration for and training of prison staff is essential in order to ensure good detention conditions in prison
Amendment 256 #
Motion for a resolution Paragraph 12 12. Recalls that consideration for and training of prison staff is essential in order to ensure good detention conditions in prison, and encourages Member States to share information and good practices; to this end, calls for a General Assembly of Prison Administrations to be convened; expresses its solidarity with prison staff faced with violence and possible attacks;
Amendment 257 #
Motion for a resolution Paragraph 12 12. Recalls that consideration for
Amendment 258 #
Motion for a resolution Paragraph 12 12. Recalls that
Amendment 259 #
Motion for a resolution Paragraph 12 12.
Amendment 26 #
Motion for a resolution 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 260 #
Motion for a resolution Paragraph 12 12. Recalls that consideration for and
Amendment 261 #
Motion for a resolution Paragraph 12 a (new) 12a. Recommends that the Commission and Member States examine the evidence and experience concerning the practice of separation in prisons with the objective of containing the spread of radicalisation and whether this practice could be implemented by Member States in a way that is proportionate and in full compliance with the fundamental rights of the inmate;
Amendment 262 #
Motion for a resolution Paragraph 12 a (new) 12a. Calls on Member States to ensure regular dialogue between prisoners and prison staff, as good professional relationships between staff and prisoners are an essential element of dynamic security in de-escalating potential incidents or in restoring good order through a process of dialogue;
Amendment 263 #
Motion for a resolution 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 264 #
Motion for a resolution 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 265 #
Motion for a resolution Paragraph 12 a (new) 12a. Calls on Member States to establish a guaranteed service within penal establishments;
Amendment 266 #
Motion for a resolution Paragraph 12 b (new) 12b. Encourages Member States to share best practice on education, rehabilitation and reintegration programs particularly in order to improve reintegration after leaving prison and to help prevent further cases of radicalisation;
Amendment 267 #
Motion for a resolution Paragraph 12 b (new) 12b. Calls on the European Commission to launch a European Forum on prisons' conditions in order to encourage the exchange of best practices between experts and practitioners across all Member States;
Amendment 268 #
Motion for a resolution Paragraph 13 Amendment 269 #
Motion for a resolution Paragraph 13 13. Calls on the Commission and the European Union Institutions to take the necessary measures in their fields of competence to ensure respect for and protection of the fundamental rights of prisoners, particularly vulnerable individuals, children, mentally ill, disabled persons and women including the adoption of common
Amendment 27 #
Motion for a resolution Recital C C. whereas the situation in the prisons and the detention conditions, at times degrading and inhumane, of certain Member States
Amendment 270 #
Motion for a resolution Paragraph 13 a (new) 13a. Calls on the Commission to monitor and collect information and statistics about detention conditions in all Member States and any cases of infringement of the fundamental rights of detainees, while respecting the principle of subsidiarity; calls on Member States to allow MEPs right of access to prisons and detention centres without hindrance;
Amendment 271 #
Motion for a resolution 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 272 #
Motion for a resolution Paragraph 14 Amendment 273 #
Motion for a resolution Paragraph 15 Amendment 274 #
Motion for a resolution Paragraph 15 15. Calls on Member States to promote policies to reintegrate prisoners into civil life and to establish policies on monitoring
Amendment 275 #
Motion for a resolution Paragraph 15 15. Calls on Member States to promote policies to reintegrate prisoners into civil life, in particular policies aiming at the removal of structural barriers preventing the re-integration of ex-prisoners into society, and to establish policies on monitoring and adjustment of penalties;
Amendment 276 #
Motion for a resolution Paragraph 15 15. Calls on Member States to promote policies to reintegrate prisoners into civil life and to establish policies on monitoring
Amendment 277 #
Motion for a resolution 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 278 #
Motion for a resolution Paragraph 15 a (new) 15a. Encourages Member States to develop tools to support prisoners’ return to professional life with the aim of identifying job opportunities in relation to local needs, to organise and supervise training and work in as tailored a way as possible and to be in constant dialogue with employers’ representatives; calls on Member States to ensure that work in prison is better paid than is currently the case; encourages Member States to create incentives for employers wishing to employ prisoners;
Amendment 279 #
Motion for a resolution 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 28 #
Motion for a resolution Recital C C. whereas the situation in the prisons of certain Member States is cause for concern
Amendment 280 #
Motion for a resolution Paragraph 15 a (new) 15a. Calls on Member States to enable inmates to complete a professional education and to offer courses in leadership and social abilities to boost their chances for a smooth reintegration into society; Encourages Member States to establish contact points for released inmates which offer information and support for job hunting activities;
Amendment 281 #
Motion for a resolution 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;
Amendment 282 #
Motion for a resolution 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) 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) 15d. Calls on the European Commission to evaluate possible common statistical methodologies to calculate prison capacity in the same way across the Union;
Amendment 29 #
Motion for a resolution Recital C a (new) Ca. whereas the prohibition of torture or other cruel, inhuman or degrading treatment or punishment is a universal norm, applicable to adults as well as children,
Amendment 3 #
Motion for a resolution Citation 3 a (new) - having regard to the UN Convention on the Rights of the Child, adopted in New York on 20 November 1989,
Amendment 30 #
Motion for a resolution Recital C a (new) Ca. whereas it is essential to guarantee satisfactory detention conditions in all Member States;
Amendment 31 #
Motion for a resolution 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 32 #
Motion for a resolution 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; whereas more than a third of Member States recognise that they are facing overcrowding issues; whereas the situation in some Member States is continuing to worsen, to the point of becoming untenable in a number of European prisons; whereas prison overcrowding is seriously detrimental to the quality of detention conditions, promotes radicalisation and complicates working conditions for prison staff;
Amendment 33 #
Motion for a resolution Recital D D. whereas overcrowding in prisons is a recurrent problem in the Union, as demonstrated by reports such as the most recent edition of the Council of Europe Annual Penal Statistics (SPACE), published on 14 March 2017, and whereas the European Court of Human Rights has regarded it as a breach of Article 3 ECHR;
Amendment 34 #
Motion for a resolution Recital D a (new) Da. whereas, in its judgment of 6 October 2005 in the case Hirst v. the United Kingdom, the European Court of Human Rights confirmed that a general and automatic restriction on prisoners’ right to vote was not compatible with democracy; whereas in 2011, 58.7% of prisoners in Poland entitled to vote participated in the parliamentary elections;
Amendment 35 #
Motion for a resolution 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 36 #
Motion for a resolution Recital D a (new) Da. whereas pardons are considered a deeply unjust and wrongful practice, which not only threaten the ‘certainty of legal punishment’ but also are detrimental to the social coherence of a society;
Amendment 37 #
Motion for a resolution Recital D a (new) Da. whereas there is no correlation between severity of sentences and a drop in the crime rate;
Amendment 38 #
Motion for a resolution 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, who require an appropriate, tailored approach;
Amendment 39 #
Motion for a resolution Recital E E. whereas imprisonment is a particularly inappropriate situation in which to place certain vulnerable individuals, such as minors and people suffering from
Amendment 4 #
Motion for a resolution Citation 3 b (new) - having regard to the following General Comments of the UN Committee on the Rights of the Child: No 10 (2007) on children's rights in juvenile justice, No 13 (2011) on the right of the child to freedom from all forms of violence and No 17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts (art. 31),
Amendment 40 #
Motion for a resolution Recital E E. whereas imprisonment is a particularly inappropriate situation in which to place certain vulnerable individuals, such as minors, the elderly, pregnant women and people suffering from mental and psychiatric
Amendment 41 #
Motion for a resolution 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 42 #
Motion for a resolution Recital E E. whereas long-term imprisonment is a particularly inappropriate solution in which to place certain vulnerable individuals, such as minors and people suffering from mental and psychiatric disturbances;
Amendment 43 #
E. whereas imprisonment is a particularly inappropriate situation in which to place certain vulnerable individuals, such as minors and people suffering from
Amendment 44 #
Motion for a resolution Recital F F. whereas Article 37 of the United Nations Convention on the Rights of the Child stipulates that the detention of a child ‘shall be used only as a measure of last resort and for the shortest appropriate period of time’; whereas children must be ‘separated from adults’ in institutions specially designed for them unless it is considered in the child’s best interest not to do so;
Amendment 45 #
Motion for a resolution Recital F a (new) Fa. whereas pre-trial detention should be used only as a measure of last resort and no children should be held in a facility where they are vulnerable to the negative influences and that account should always be taken of the needs particular to their stage of development;
Amendment 46 #
Motion for a resolution 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) 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) Fc. whereas every child subject to detention measures should have access to education;
Amendment 49 #
Motion for a resolution 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 5 #
Motion for a resolution Citation 4 — having regard to the UN minimum rules on the treatment of prisoners and the declarations and principles adopted by the General Assembly; having regard to the UN Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) adopted by General Assembly; having regard to the Guidelines of the Committee of Ministers of the Council of Europe on child-friendly justice; having regard to the recommendations of the Committee of Ministers of the Council of Europe, particularly Recommendation (2006)2 on European Prison Rules, Recommendation (2006)13 on the use of remand in custody, the conditions in which it takes place and the provision of safeguards against abuse, Recommendation (2008)11 on the European rules for juvenile offenders subject to sanctions or measures, Recommendation (2010)1 on the Council of Europe Probation Rules and the recommendations adopted by the Parliamentary Assembly,
Amendment 50 #
Motion for a resolution 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 51 #
Motion for a resolution Recital G Amendment 52 #
Motion for a resolution Recital G G. whereas imprisonment, including pre-trial detention, should be used only in well-justified cases of serious crimes and alternative sanctions should be prioritised in the case of prisoners who do not present a serious danger to society, thus keeping them in an open environment and giving them better access to social services, care and
Amendment 53 #
Motion for a resolution Recital G G. whereas home detention or other alternative sanctions should be prioritised in the case of prisoners who
Amendment 55 #
Motion for a resolution Recital G G. whereas
Amendment 56 #
Motion for a resolution Recital G a (new) Ga. whereas the increase in multi- ethnic societies, migration, terrorism and poverty are transnational problems which require a harmonised response strategy in Europe; whereas to combat crime effectively it is necessary to develop respect for and protection of the rule of law, to support integration and to reduce social inequalities;
Amendment 57 #
Motion for a resolution Recital G a (new) Ga. whereas the European Social Fund includes projects aiming to help prisoners and ex-offenders integrate in the labour market once they have served their sentence, such as the "Reintegration DJI 2014" project in the Netherlands, the "More qualified work force – more secure society" project in Estonia or the "Leonhard: Enterprise for Prisoners" project in Germany, among others;
Amendment 58 #
Motion for a resolution Recital G a (new) Gа. whereas the importance of providing prisoners with educational and vocational qualification programmes lies in the fact that those programmes facilitate their reintegration into society by helping them to find legal work and thus reduce recidivism;
Amendment 59 #
Motion for a resolution Recital G a (new) Amendment 6 #
Motion for a resolution Citation 4 — having regard to the UN minimum rules on the treatment of prisoners and the declarations and principles adopted by the General Assembly; having regard to the recommendations of the Committee of Ministers of the Council of Europe, particularly Recommendation (2006)2 on European Prison Rules, Recommendation (2006)13 on the use of remand in custody, the conditions in which it takes place and the provision of safeguards against abuse, Recommendation (2008)11 on the European rules for juvenile offenders subject to sanctions or measures,
Amendment 60 #
Motion for a resolution Recital H Amendment 61 #
Motion for a resolution Recital H H. whereas, according to Council of Europe figures for 201
Amendment 62 #
Motion for a resolution Recital H H. whereas, a
Amendment 63 #
Motion for a resolution Recital H H. whereas, according to Council of Europe figures for 2014, on average as many as 20% of prisoners in European prisons are foreigners
Amendment 64 #
Motion for a resolution Recital H H. whereas, according to Council of Europe figures for 201
Amendment 65 #
Motion for a resolution Recital H H. whereas, according to Council of Europe figures for 2014, on average 20% of prisoners in European prisons are foreigners and whereas they are most often remanded in custody because of the
Amendment 66 #
Motion for a resolution Recital I I. whereas, considering the difficult and delicate nature of their activity, continuous training of prison staff, the sharing of best practices and an increase in staffing levels among them are essential to ensure good detention conditions in prisons;
Amendment 67 #
Motion for a resolution Recital I I. whereas
Amendment 68 #
Motion for a resolution Recital I I. whereas continuous training of prison staff, particularly on the new challenges to be addressed, such as radicalisation in prison, and an increase in staffing levels among them are essential to ensure good detention conditions in prisons;
Amendment 69 #
Motion for a resolution Recital I I. whereas continuous training of prison staff
Amendment 7 #
Motion for a resolution Citation 5 a (new) - having regard to the conventions, recommendations and resolutions of the Council of Europe on prison matters,
Amendment 70 #
Motion for a resolution Recital I I. whereas better initial and continuous training of prison staff and an increase in staffing levels among them are essential to ensure good detention conditions in prisons;
Amendment 71 #
Motion for a resolution Recital I I. whereas continuous training of prison staff
Amendment 72 #
Motion for a resolution 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 73 #
Motion for a resolution Recital J J. whereas violence in prisons is often associated with overcrowding and deplorable detention conditions; whereas in many prisons those tensions create particularly difficult working conditions for prison staff, which has led to several social movements within EU Member States;
Amendment 74 #
Motion for a resolution Recital J J. whereas violence in prisons is often
Amendment 75 #
Motion for a resolution Recital J J. whereas the violen
Amendment 76 #
Motion for a resolution 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 77 #
K. whereas the suicide rate in prisons in the European Union is particularly alarming; whereas the 2015 edition of the Council of Europe Annual Penal Statistics (SPACE) reports that suicides account for 25% of deaths in prisons;
Amendment 78 #
Motion for a resolution Recital K K. whereas the suicide rate and the rates of illness, deaths in unclear circumstances and cases of drug addiction in prisons in the European Union
Amendment 79 #
Motion for a resolution Recital K a (new) Ka. whereas any violation of the fundamental rights of prisoners which does not result from restrictions that are vital for the deprivation of freedom is detrimental to human dignity and significantly impairs the sentence’s corrective purpose;
Amendment 8 #
Motion for a resolution Citation 12 a (new) - having regard to the Council of Europe’s white paper on prison overcrowding of 28 September 2016,
Amendment 80 #
Motion for a resolution Recital L L. whereas radicalisation is occurring in many prisons in the European Union; whereas, in view of the security threat in Europe, each Member State should, as a matter of urgency, take measures to prevent radicalisation in the prison environment; considers an exchange of good practices at European level to be crucial;
Amendment 81 #
Motion for a resolution Recital L L. whereas radicalisation is occurring in many prisons in the European Union and several terrorists who recently committed attacks on European soil were recruited while serving prison sentences; whereas prison jihadist recruitment is a particularly worrying phenomenon because of easier links to criminal networks;
Amendment 82 #
Motion for a resolution Recital L L. whereas the phenomenon of radicalisation that is occurring in many prisons
Amendment 83 #
Motion for a resolution Recital L L. whereas the spread of radical and violent ideologies and terrorist radicalisation is
Amendment 84 #
Motion for a resolution Recital L L. whereas the very worrying phenomenon of radicalisation is occurring in many prisons in the European Union;
Amendment 85 #
Motion for a resolution Recital L L. whereas radicalisation
Amendment 86 #
Motion for a resolution Recital L L. whereas radicali
Amendment 87 #
Motion for a resolution 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 88 #
Motion for a resolution Recital L a (new) La. whereas having regard to the Annual Report 2016 of the European Court of Human Rights, there is a 32% increase in the number of new cases pending the Court and most of them are for the violation of Article 3 of the Charter of Fundamental Rights of the European Union;
Amendment 89 #
Motion for a resolution Recital L a (new) La. whereas the end purpose of prison is not only to punish but also to rehabilitate; whereas, with a view to preventing recidivism, the Member States should strengthen measures to achieve reintegration through work and training;
Amendment 9 #
Motion for a resolution 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 90 #
Motion for a resolution 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 91 #
Motion for a resolution Recital L a (new) La. whereas the Union has made funding available under the European Agenda on Security in order to tackle radicalisation in prisons;
Amendment 92 #
Motion for a resolution Recital L b (new) Lb. whereas some of the current prison systems, facilities, and a significant proportion of the buildings that are currently in use as prisons in a number of European countries date from the 19th century; some of these constructions are no longer suitable for use in the 21st century due to deplorable conditions that violate fundamental human rights;
Amendment 93 #
Motion for a resolution Recital L b (new) Lb. whereas, in view of the new types of crime and new prisoner profiles, prison systems in Europe must evolve and adapt to offer an appropriate environment for reintegration; whereas reintegration measures must be internalised and carried out during the period of detention;
Amendment 94 #
Motion for a resolution 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 95 #
Motion for a resolution 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) 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 97 #
Motion for a resolution Paragraph 1 1. Expresses its concern about prison conditions in certain Member States; calls on Member States to comply with the rules on detention derived from the instruments of international law and Council of Europe standards; calls on Member States to adopt independent prison monitoring mechanisms as laid down in the Optional Protocol to the Convention against Torture (OPCAT);
Amendment 98 #
Motion for a resolution Paragraph 1 1.
Amendment 99 #
Motion for a resolution Paragraph 1 1. Expresses its concern about prison conditions in certain Member States
source: 604.680
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