"Our knowledge can only be finite, while our ignorance must necessarily be infinite."

– Karl Popper

MONITORING

Monitoring typically refers to the process of observing and checking the status, performance, or behavior of a system, process, or activity. The purpose of monitoring is to gather data, detect any deviations from expected norms, and ensure that everything is functioning as intended. It plays a critical role in maintaining the health, efficiency, and security of systems and processes. Monitoring prisons is crucial for various reasons, and it serves several important purposes within a society. Monitoring prisons is essential for upholding human rights, ensuring accountability, fostering rehabilitation, and maintaining a fair and just criminal justice system. It plays a vital role in creating a society that values justice, respect, and the well-being of all its members.

core questions

01.
What is the importance of monitoring?
02.
What should be monitored in relation to detention houses?
03.
How should monitoring detention houses be structured within policy frameworks? Who and when?
Monitoring typically refers to the process of observing and checking the status, performance, or behavior of a system, process, or activity. The purpose of monitoring is to gather data, detect any deviations from expected norms, and ensure that everything is functioning as intended. It plays a critical role in maintaining the health, efficiency, and security of systems and processes.

MONITORING

Monitoring typically refers to the process of observing and checking the status, performance, or behavior of a system, process, or activity. The purpose of monitoring is to gather data, detect any deviations from expected norms, and ensure that everything is functioning as intended. It plays a critical role in maintaining the health, efficiency, and security of systems and processes. Monitoring prisons is crucial for various reasons, and it serves several important purposes within a society. Monitoring prisons is essential for upholding human rights, ensuring accountability, fostering rehabilitation, and maintaining a fair and just criminal justice system. It plays a vital role in creating a society that values justice, respect, and the well-being of all its members.

core questions

01.
What is the importance of monitoring?
02.
What should be monitored in relation to detention houses?
03.
How should monitoring detention houses be structured within policy frameworks? Who and when?

COMMUNITY​

Meet colleagues across Europe pursuing the same goal. Contribute your knowledge to the community. Be the first to hear the latest developments on small scale forms of detention. Unlock your curiosity and become part of the RESCALED community.

Lili Krámer
[Hungary] Lili Krámer is a project manager and policy researcher at the Justice Programme of the Hungarian Helsinki Committee (HHC), a human rights NGO. Lili has managed projects at HHC promoting non-custodial sanctions to prevent prison overcrowding, analysing the extraordinary law-enforcement powers granted under the COVID-19 emergency regime, making the criminal procedure more accessible and participating in founding a support network for people impacted by incarceration. For more information: lili.kramer@helsinki.hu
Carolina Nascimento
[France] Carolina Nascimento holds a degree in International Studies from the University of Santa Catarina, in Brazil, and a Masters’ degree in Political Science from the École Normale Supérieure in Lyon. In August 2018, she joined the team of Prison Insider, an international platform on prison conditions in the world. She coordinates the activities of the Information Team including the production of country profiles on detention conditions. For more information: cnascimento@prison-insider.com
Alessio Scandurra
[Italy] Alessio Scandurra is a researcher with the Italian NGO Antigone. He coordinates the Observatory on prison conditions in Italy, a program to monitor prison conditions launched more than 20 years ago. For Antigone, he coordinates several other national and international programs. Since 2012, he is also the coordinator of the European prison observatory, a network of organisations active in 13 countries engaged in monitoring detention conditions and promoting human rights in prison. For more information: scandurra@antigone.it
Jesca Beneder
Jesca Beneder studied Dutch and EU law at the University of Utrecht, the Netherlands, and the College of Europe in Bruges, Belgium. After having worked as a lawyer in international law firms in Amsterdam and Brussels, the Court of Justice of the European Union in Luxembourg and as a Judge at the Court of Maastricht, she currently works as a Team Leader at the Criminal Procedural Law Unit of DG Justice of the European Commission. In that capacity, she is responsible for a large number of mutual recognition instruments, including the European arrest warrant (EAW) and all questions related to detention (Framework Decisions on the Transfer of Prisoners, Probation and Alternative Sanctions and the European Supervision Order, pre-trial detention and material detention conditions in the Member States). She also works on extradition matters and on legislation on the Transfer of Criminal Proceedings within the EU.
Part II. INDIVIDUAL

Human dignity and identity

Art. 7

Information and Legal Support

  1. All people in detention houses are entitled to information and legal support.
  2. The detention house shall provide them with adequate information and guarantee all the means and conditions for them to be properly informed, to receive legal assistance and to have access to effective legal aid.
PART III. FACILITY

Social climate

Art. 33

Request & complaint procedures

  1. Detention houses shall adhere to the national regulation on complaint procedures.
  2. With regards to request and complaint procedures article 60-63 of the CoE Recommendation, restorative justice shall be applicable, prescribing proactive use of restorative principles and approaches.
  3. Restorative justice shall be the first choice in conflict resolution among people in detention, or people in detention and staff.
  4. As long as national complaint procedures do not include standards for restorative justice this shall be realized by the detention house according to international or national standards for Restorative Justice.
PART III. FACILITY

Time and time-use

Art. 51
Process of placement
  1. No person shall be admitted to or held in a detention house without a valid commitment order, in accordance with national law.
  2. At admission the following details shall be recorded immediately concerning each person in detention:
      a. information concerning the identity of the person in detention;
      b. the reasons for commitment and the authority for it;
      c. the day and hour of admission;
      d. an inventory of the personal property of the person in detention that is to be held in;
      e. any visible injuries and complaints about prior ill-treatment;
      f. subject to the requirements of medical confidentiality, any information about the person’s health that is relevant to the physical and mental well-being of the person in detention or others;
      g. if the person has children and how the relationship is with their children;
      h. social situation of the person; and
      i. which future goals the person has and ways to achieve these goals.
  3. At admission all persons shall be given information about their stay in the detention house.
  4. The risk assessment process shall be clearly explained and integrated into the program. Persons shall be aware that it is a standard part of their program and this shall be contractually defined.
  5. Immediately after admission notification of the detention of the person shall be given to closest family or friends.
  6. Any available information about the social situation of the person in detention shall be evaluated together with the person itself, family, friends and other professionals previously involved in the life of the person in detention in order to deal with the immediate personal and welfare needs.
  7. Allocation and accommodation
      1. Individuals shall be allocated to detention houses within 50 kilometers of their last residence or city where people will integrate into the community. When decided to not reintegrate in the former social environment, it is possible to allocate, in mutual agreement, the person within 50 kilometers of the future residence.
      2. Whenever appropriate, allocation of a person to a specific detention house shall be communicated to people involved (victims, family members) in the crime for which the person has been convicted or charged with.
      3. As far as possible, people in detention shall be allocated to the detention house that most closely meets their needs. During their detention, people in detention will move from house to house according to their process and security needs.
      4. Every transfer to another detention house will be communicated with the victims, family and other relatives.
      5. A place in a certain detention house can be refused at any time by the management of the house, national institutions or the victims.
      6. The accommodation of a detention house shall be as homely as possible in regards to normalisation.
PART V. MONITORING AND LEARNING
Art. 57

Monitoring and inspection

  1. All premises of detention houses shall be subject to regular governmental inspection (internal inspection) and independent monitoring (external inspection), including inspections from regional and international bodies.
  2. Inspection visits shall be carried out in a gender-sensitive manner.
  3. Inspectors shall be allowed to
    57.3.1. Access all information on the number of people held in the detention house, as well as all information relevant to their treatment, including their records and conditions of detention.
    57.3.2. Freely choose which detention house to visit, including by making unannounced visits at their own initiative and freely choose which resident they interview.
    57.3.3. Conduct private and fully confidential interviews with the residents and with the staff.
    57.3.4. Make recommendations to the head of the detention houses, prison administration and any other competent authority.
  4. Inspectors shall be required to ask people in detention for their explicit permission when entering their private space such as a personal bedroom. In the exceptional event that permission cannot be given by the person in question, the inspectors shall notify that person of the proceedings in respect to their privacy.
  5. Inspections shall be carried out by a qualified, multidisciplinary and gender balanced team.
  6. Findings and recommendations from independent bodies shall be made public.
  7. The head of the detention house and/or other competent authority shall indicate, within a reasonable time, whether and how they will implement the recommendations.
  8. Civil society shall be involved in the monitoring process and recommendations follow-ups.
  9. Access to detention houses shall also be provided to lawyers and other legal service provides, as well as judicial authorities.
Art. 58

Formal mechanisms of complaint and requests

  1. People in detention houses shall have the possibility to make requests or complaints, individually or as group, to any competent authority via a formal mechanism. The procedure shall protect residents from any retaliation by staff or authority.
  2. All residents shall be informed of their rights, upon admission and during the detention, and procedures to formulate a complaint.
  3. A designated person of confidence shall be available to provide support in making requests and complaints, and ensure the person feels safe to do so. In the event that the designated person is subject of the request or complaint, another person of confidence shall be available.
  4. If a request is denied, residents shall have the possibility to appeal to an independent authority.
  5. No one shall be punished for having made a request or lodged a complaint.
  6. Legal advice is allowed and provided free of charge during a complaint or request procedure.
  7. All complaints and requests shall be logged in a specific register, which can be consulted by independent inspection bodies during a monitoring visit.
  8. Restorative justice processes shall be encouraged to solve conflicts between residents and staff and amongst residents, see rule 54.
Art. 59

Evidence-based approach and lived-experience

  1. The implementation, functioning and evaluation of detention houses shall be evidence-based and continuously updated according to multi-disciplinary insights.
  2. All detention houses shall organise a learning committee involving residents, staff and external actors. These committees discuss detention conditions with regards to the present set of rules.
  3. Independent research on the functioning of the detention houses shall be encouraged.
  4. Residents willing to share their lived experience with academics, civil society organisations and media shall be encouraged and not punished. Their anonymity shall be respected and protected.

THE EUROPEAN RULES ON DETENTION HOUSES​

The European Rules on Detention Houses (ERDH) is a milestone document for the criminal justice system and reflects the larger impact of this system on society. Drafted by representatives with different legal and cultural backgrounds from all regions of Europe, the ERDH were launched on October 31st as common standards to implement small-scale, differentiated and community-integrated detention houses in the European Union, as part of a pivotal change already happening in criminal justice systems across Europe. The ERDH set out the ecosystem of a detention house on its own and as part of, and within a community and society, emphasizing sustainability. As the European Prison Rules have been common standards for large-scale prison institutions, the European Rules on Detention Houses shall form essential standards for detention houses, in order to guarantee a way of liberty deprivation that is humane and more fit for the 21stcentury.

European Rules on Detention Houses [ERDH]

THE EUROPEAN RULES ON DETENTION HOUSES​​

The European Rules on Detention Houses (ERDH) is a milestone document for the criminal justice system and reflects the larger impact of this system on society. Drafted by representatives with different legal and cultural backgrounds from all regions of Europe, the ERDH were launched on October 31st as common standards to implement small-scale, differentiated and community-integrated detention houses in the European Union, as part of a pivotal change already happening in criminal justice systems across Europe. The ERDH set out the ecosystem of a detention house on its own and as part of, and within a community and society, emphasizing sustainability. As the European Prison Rules have been common standards for large-scale prison institutions, the European Rules on Detention Houses shall form essential standards for detention houses, in order to guarantee a way of liberty deprivation that is humane and more fit for the 21stcentury.

Part II. INDIVIDUAL

Human dignity and identity

Art. 7

Information and Legal Support

  1. All people in detention houses are entitled to information and legal support.
  2. The detention house shall provide them with adequate information and guarantee all the means and conditions for them to be properly informed, to receive legal assistance and to have access to effective legal aid.
PART III. FACILITY

Social climate

Art. 33

Request & complaint procedures

  1. Detention houses shall adhere to the national regulation on complaint procedures.
  2. With regards to request and complaint procedures article 60-63 of the CoE Recommendation, restorative justice shall be applicable, prescribing proactive use of restorative principles and approaches.
  3. Restorative justice shall be the first choice in conflict resolution among people in detention, or people in detention and staff.
  4. As long as national complaint procedures do not include standards for restorative justice this shall be realized by the detention house according to international or national standards for Restorative Justice.
PART III. FACILITY

Time and time-use

Art. 51
Process of placement
  1. No person shall be admitted to or held in a detention house without a valid commitment order, in accordance with national law.
  2. At admission the following details shall be recorded immediately concerning each person in detention:
      a. information concerning the identity of the person in detention;
      b. the reasons for commitment and the authority for it;
      c. the day and hour of admission;
      d. an inventory of the personal property of the person in detention that is to be held in;
      e. any visible injuries and complaints about prior ill-treatment;
      f. subject to the requirements of medical confidentiality, any information about the person’s health that is relevant to the physical and mental well-being of the person in detention or others;
      g. if the person has children and how the relationship is with their children;
      h. social situation of the person; and
      i. which future goals the person has and ways to achieve these goals.
  3. At admission all persons shall be given information about their stay in the detention house.
  4. The risk assessment process shall be clearly explained and integrated into the program. Persons shall be aware that it is a standard part of their program and this shall be contractually defined.
  5. Immediately after admission notification of the detention of the person shall be given to closest family or friends.
  6. Any available information about the social situation of the person in detention shall be evaluated together with the person itself, family, friends and other professionals previously involved in the life of the person in detention in order to deal with the immediate personal and welfare needs.
  7. Allocation and accommodation
      1. Individuals shall be allocated to detention houses within 50 kilometers of their last residence or city where people will integrate into the community. When decided to not reintegrate in the former social environment, it is possible to allocate, in mutual agreement, the person within 50 kilometers of the future residence.
      2. Whenever appropriate, allocation of a person to a specific detention house shall be communicated to people involved (victims, family members) in the crime for which the person has been convicted or charged with.
      3. As far as possible, people in detention shall be allocated to the detention house that most closely meets their needs. During their detention, people in detention will move from house to house according to their process and security needs.
      4. Every transfer to another detention house will be communicated with the victims, family and other relatives.
      5. A place in a certain detention house can be refused at any time by the management of the house, national institutions or the victims.
      6. The accommodation of a detention house shall be as homely as possible in regards to normalisation.
PART V. MONITORING AND LEARNING
Art. 57

Monitoring and inspection

  1. All premises of detention houses shall be subject to regular governmental inspection (internal inspection) and independent monitoring (external inspection), including inspections from regional and international bodies.
  2. Inspection visits shall be carried out in a gender-sensitive manner.
  3. Inspectors shall be allowed to
    57.3.1. Access all information on the number of people held in the detention house, as well as all information relevant to their treatment, including their records and conditions of detention.
    57.3.2. Freely choose which detention house to visit, including by making unannounced visits at their own initiative and freely choose which resident they interview.
    57.3.3. Conduct private and fully confidential interviews with the residents and with the staff.
    57.3.4. Make recommendations to the head of the detention houses, prison administration and any other competent authority.
  4. Inspectors shall be required to ask people in detention for their explicit permission when entering their private space such as a personal bedroom. In the exceptional event that permission cannot be given by the person in question, the inspectors shall notify that person of the proceedings in respect to their privacy.
  5. Inspections shall be carried out by a qualified, multidisciplinary and gender balanced team.
  6. Findings and recommendations from independent bodies shall be made public.
  7. The head of the detention house and/or other competent authority shall indicate, within a reasonable time, whether and how they will implement the recommendations.
  8. Civil society shall be involved in the monitoring process and recommendations follow-ups.
  9. Access to detention houses shall also be provided to lawyers and other legal service provides, as well as judicial authorities.
Art. 58

Formal mechanisms of complaint and requests

  1. People in detention houses shall have the possibility to make requests or complaints, individually or as group, to any competent authority via a formal mechanism. The procedure shall protect residents from any retaliation by staff or authority.
  2. All residents shall be informed of their rights, upon admission and during the detention, and procedures to formulate a complaint.
  3. A designated person of confidence shall be available to provide support in making requests and complaints, and ensure the person feels safe to do so. In the event that the designated person is subject of the request or complaint, another person of confidence shall be available.
  4. If a request is denied, residents shall have the possibility to appeal to an independent authority.
  5. No one shall be punished for having made a request or lodged a complaint.
  6. Legal advice is allowed and provided free of charge during a complaint or request procedure.
  7. All complaints and requests shall be logged in a specific register, which can be consulted by independent inspection bodies during a monitoring visit.
  8. Restorative justice processes shall be encouraged to solve conflicts between residents and staff and amongst residents, see rule 54.
Art. 59

Evidence-based approach and lived-experience

  1. The implementation, functioning and evaluation of detention houses shall be evidence-based and continuously updated according to multi-disciplinary insights.
  2. All detention houses shall organise a learning committee involving residents, staff and external actors. These committees discuss detention conditions with regards to the present set of rules.
  3. Independent research on the functioning of the detention houses shall be encouraged.
  4. Residents willing to share their lived experience with academics, civil society organisations and media shall be encouraged and not punished. Their anonymity shall be respected and protected.
EUROPEAN RULES ON DETENTION HOUSES [ERDH]

European organisations

Publications
1
2
3
4
5
6

Publications

Monitoring detention: a practical guide for NGO's
Monitoring detention: a practical guide for NGO's
CRIMINAL DETENTION IN THE EU
CRIMINAL DETENTION IN THE EU
World Economic Situation and Prospects report for 2024
World Economic Situation and Prospects report for 2024
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
Prison Insider: Comparison tool
Prison Insider: Comparison tool
Monitoring places of detention: a practical guide
Monitoring places of detention: a practical guide

Learning lab #4 SUSTAINABILITY

Climate change and biodiversity losses are considered to be two of the main crises of our current time. But how sustainable is our detention system? On a micro level, how could greenspace in detention houses be supportive in solving these issues? On a meso level, what should be taken into account when looking at the architecture and energy supply of detention houses? And what about (social) sustainability as a topic of long term visions? What changes should be made in policy in order to create a positive impact on both our society and our environment.

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SOCIAL RESPONSIBILITY

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COMMUNITY

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SOCIAL RESPONSIBILITY

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COMMUNITY

Co-funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Commission. Neither the European Union nor the European Commission can be held responsible for them.

core values

Together, we want to create a space where everyone can feel accepted and respected – regardless of gender identity, skin colour, religion, ethnicity or ability. We assume that all participants come to our events with the best intentions and treat each other with respect.

Event measures will follow the sustainability charter for the EU2024 Presidency and give substance to the pursuit of sustainable consumption and production, the fight against global warming, the preservation of nature and biodiversity, the integration of the perspective of gender equality into policies, and the full participation of persons with disabilities on an equal footing with other citizens.