MODIFIED EUROPEAN PENITENTIARY RULES AS AN INCENTIVE TO IMPROVE HEALTH CARE IN DETENTION FACILITIES
Pavlenko A.A.
Tomsk IPKR of the FPS of Russia (Tomsk, Russia), Associate Professor of the Department of execution of punishments not related to deprivation of liberty and legal support of the correctional system, сandidate of law, associate professor.
Annotation:
The European Penitentiary Rules (hereinafter – the EPR, the Rules), being the main special standard for the treatment of prisoners, are intended to be a regional analogue of the UN Standard Minimum Rules for the Treatment of Prisoners (hereinafter – SMR), taking into account not only the specifics of already established penitentiary systems, but also suggesting prospects for their development. Formally, the provisions of the Rules are not binding, but they are recognized by the ECHR and the CPT. After the adoption of the EPR, global international standards were developed that define new approaches to the treatment of prisoners – the Nelson Mandela Rules 2015 and the Bangkok Rules 2010. Since these standards were adopted by all member states of the Council of Europe, it was important to reflect the new obligations in the updated Rules. The main novelties of the revised EPR dated 01.07.2020 relate to the regulation of the use of solitary confinement (hereinafter – SC), as a measure tantamount to torture. Accordingly, the Regulations have updated the issues of medical control over healthcare conditions as an important guarantee to prevent such measures. An analysis of the changes in the EPP makes it possible to highlight the medical standards of solitary confinement in them. Firstly, it is an assessment of the state of health of prisoners before the use of SC; and secondly, the possibility of terminating the SC or replacing it with a less severe restriction measure or suspending the measure under consideration. In this regard, the EPRs have a stimulating effect on national legislation, which requires the implementation of the indicated novelties of the Rules. First of all, it is necessary at the legislative level to consolidate the recommendations laid down in pr. 60.6 (b) EPR, including in part 4 of Art. 117 «Procedure for the application of penalties to those sentenced to deprivation of liberty» of the RF PEC of the norms on the suspension, termination of penalties in the form of solitary confinement in a punishment cell, transfer to a CTA, SCTA and solitary confinement cells or replacing the said measure for medical reasons with a less severe punishment.
Keywords:
European Penitentiary Rules; Nelson Mandela Rules; measures equivalent to torture or other cruel, inhuman or degrading treatment or punishment; disciplinary confinement; medical supervision of conditions of solitary confinement.
