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A EUROPEAN OBSERVATORY ON THE PENAL SYSTEM
1) EUROPE AND ITS PENAL SYSTEM 5) METHODOLOGY
1. EUROPE AND ITS PENAL SYSTEM The control and organisations of prisons and the operation of penal law in every Member State has traditionally been considered to be a matter of exclusive national interest . However, over the last decade or so the operation of the penal system in each European country is increasingly being influenced by European Institutions. Nowadays, there are organisations and legislation which is designed to protect the rights of prisoners and the conditions in prisons across Europe. From a normative point of view, there are the minimum standards provided by the European Prisons Rules. Although without coercive power they do impose a political and moral obligation and provide a set of guidelines for achieving acceptable standards in prisons. The European Commission for the Prevention of Torture and Inhuman Treatment, established in 1989 provides a regulatory function through monitoring and publishing reports on the penal institutions which it visits. Their reports and the state responses constitute an important source of knowledge about how individuals are treated in different custodial institutions in different countries. From a jurisdictional point of view, there is a European Court of Human Rights (ECHR) which was established by the Convention for the Prevention of Human and Fundamental Rights. It consists of a judicial body which is based on the principle of universality and regularly adjudicates on matters involving restrictions of freedom. The Court's legal controls, along with the European Penitentiary Rules of 1987 and the recommendations of the European Commission for the Prevention of Torture, provides a set of rules established to protect and preserve the human rights of individuals. These regulatory mechanisms are also supplemented by the analysis and direct observations of NGOs and academic institutions. Together these diverse agencies and organisations establish a framework which provides a combination of formal and informal regulatory processes which attempt to ensure that prisoners are treated humanely and fairly.
2. ANALYTICAL CONTEXT Penal policy is currently undergoing a major transformation in many European countries. As the prison population is increasing in most European states new pressures and demands are arising both from within the penal sphere and from the wider society. At the same time the range and nature of penal control is changing qualitatively as well as quantitatively. From the qualitative point of view, we are witnessing changes in the management, design and role of prisons on contemporary society. We are also seeing the greater use of monitoring and surveillance systems which operate both inside the prison system and form part of the more general systems of social control. Indeed, there appears to be a growing convergence between the general systems of social control and those developing inside penal institutions. Significant changes are also taking place in the composition of the prison population with a growing proportion of individuals incarcerated for drug related offences in many countries. Of particular significance has been the growing proportion of non-nationals in prisons across Europe and in recent years the increase in the number of juveniles and young people in prison. These developments have direct and immediate implications for the role and objectives of penal institutions and in particular attempts to rehabilitate and to reintegrate prisoners. It also provides new challenges for penal policy while creating greater difficulties in the day to day operation of prisons themselves. . All these changes have created new challenges to all those concerned with penal affairs, the defence of human rights and the establishment of humane standards in European prisons. In order to meet these challenges it has become necessary to develop a more substantive response which can monitor developments across Europe and which can compile information on which more systematic policies and practices can be developed.
3. SPECIFIC OBJECTIVES Main objectives of the European Observatory: • To produce an analytic framework for understanding and interpreting penal policy and practice in different European countries • To identify the processes through which the rehabilitation and resettlement of prisoners can be effectively achieved. • To examine differences in of national policies and the possibility of harmonisation of approaches across Europe. • To build up a computer database, allowing the monitoring of prison populations, the identification of trends, as well as examining the development and impact of penal policies on human rights in different European countries.
4. GENERAL OBJECTIVES The European Observatory has the following general objectives: • To examine penal policy and the legislation relating to human rights and prison conditions in different European countries • To provide greater transparency of current practices in the penal sphere • To encourage the introduction of measures aimed at minimising the violation the human rights of prisoners. • To encourage wider and more constructive discussion by the parties concerned with the development of penal policy.
5. METHODOLOGY A central objective in establishing a European Observatory of prisons is to gather a wide range of information from organisations in each Member State relating to both the quantitative and qualitative aspects of imprisonment. The data gathered would include; • Official statistics which are produced by the Departments of Justice in each country • Data gathered by independent and voluntary organisations who visit prisons • Academic research carried out in prisons • Interviews conducted with both prisoners and prison officers in selected prisons. • Official and quasi-official ,reports on prisons and prison conditions. These various data sources will be compiled initially in each country and then brought together centrally for an annual report. The analysis of this data will focus on; • the number of prisoners sent to prison • the average daily prison population • the number of prisoners per 100,000 in each country • the average length of the punishment imposed for each offence • the range of daily activities available too prisoners • the number and type of complaints brought by prisoners • the average length of time served for each offence • the use of non-custodial alternatives • the relation between the numbers in prison and the crime rate • the levels of recidivism • the availability of rehabilitation and resettlement programmes • the management and staffing of penal institutions • the availability of medical services in prison The processes will be analysed by age gender and race. Given the variability in the use of prison for different categories and types of offenders attention will be paid to the use of incarceration for different groups in different countries. This data will be available on the web site of the European Observatory. Together with other documentation collected including reports such as the forthcoming report on Penal Execution and Prison Conditions in Europe.. The publication of this work will show the main indicators and trends of penal policy in order to encourage amore informed public debate and to stimulate the development of policies aimed at the social rehabilitation of prisoners, the protection of human rights and the improvement of public safety. The Observatory should have one centre in each participating country, as well as a central office.
6. PROJECT PHASES a) Preliminary Phase: - Constitution of the Working Group - Creation of the filters to collect official statistics as well as other data sources - Developing contacts and establishing networks - Sensitisation of the professionals b) Development Phase: - Data collection and analysis - Review and assessment of the information obtained - Creation of the telematic database and the documentation centre c) Conclusive Phase: - Dissemination of information - Opening of the Centre to the public - Stimulating public discussion on the outcomes of the investigation through conferences, meetings and publications - Publishing annual report on penal developments |
