Prison Inspection and Monitoring: The Need to Reform European Law and Policy

Rogan, Mary

doi:10.1007/s10610-019-09420-8

Cited by 15 publications

(9 citation statements)

References 25 publications

(17 reference statements)

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“…We also advocate for a new focus on the experiences of people in prison and staff in the creation of human rights standards, something also called for by Bronwyn Naylor (2014). While we have seen calls for stronger powers for prison inspection and monitoring bodies (Rogan 2019), what is needed from the evidence of this study is the resources and interest to engage closely with the experience of people in prison. Anne Owers (2007) has written of the "virtual prison," a place that exists on paper in the minds of penal administrators and that may bear no reality to the day-to-day reality of what is happening.…”

Section: Discussionmentioning

confidence: 95%

Monitoring Prisons in Europe: Understanding Perspectives of People in Prison and Prison Staff

O'Connell¹,

Rogan²

2022

Law Soc. Inq.

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Prison monitoring has been promoted by international human rights bodies as a way to support the prevention of torture and ill-treatment in prison. However, there has been very limited examination of the operation of prison-monitoring bodies, especially from the perspective of those most affected by their recommendations: those who live and work in prisons. This article draws on interviews conducted with people living and working in a Scottish and a Norwegian prison to explore how they perceive a long-standing prison-monitoring body, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). The article provides an examination of the benefit and utility of CPT recommendations from the point of view of people in prison and prison staff. The study further reveals that the effectiveness of CPT monitoring in prisons may be considered in terms aside from state implementation of recommendations and should include how people in prison see its work, its impact, its power to persuade, and its connection to the outside world. Through taking a prison-centered approach, the article contributes to wider discussions on whether and how human rights frameworks can alter experiences of punishment.

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Section: Discussionmentioning

confidence: 95%

Monitoring Prisons in Europe: Understanding Perspectives of People in Prison and Prison Staff

O'Connell¹,

Rogan²

2022

Law Soc. Inq.

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“…At the same time, the emphasis is placed on the observance of human rights, the legality of application [9], as well as self-control in the implementation of these measures [10]. One should note the fact that the foreign prison inspection (special forces) also has the right to use weapons outside the prison [11]. However, in foreign penitentiary institutions, they very strictly monitor that there would be no torture or other harsh, inhuman treatment [12].…”

Section: Discussionmentioning

confidence: 99%

Law Enforcement Activities of the Criminal Executive Special Forces Associated with the Use of Coercive Measures

Ponikarov

Dazmarova

et al. 2021

SHS Web Conf.

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Research prerequisites: Insufficient scientific knowledge of this issue dictates the advisability of considering and studying this topic. For the first time, the article highlights the legal aspects associated with the use of methods of struggle, special means, and military weapons by employees of special-purpose units of the criminal-executive (penitentiary) system of Russia. The paper states that only for the commission of criminal offences, it is possible to use military weapons by special forces units of the Federal Penitentiary Service and special escorting divisions of the criminalexecutive system of the Russian Federation. Purpose of the research: to investigate the law enforcement activities of the penitentiary special forces associated with the use of coercive measures including for criminal offences. Methods: when considering the essence of coercive measures in the law enforcement activities of special-purpose units, the article used the dialectical method. To formulate the conditions for the correct (legal) use of weapons in law enforcement directly by employees of special-purpose units of the Russian penitentiary system, systematized methods were used. The empirical method was used when interviewing special forces officers in the investigated activities. Results and novelty: the scientific result of this article is the first formulated many components aimed at improving the measures of coercion. In particular, the grounds for the correct use of methods of struggle, special means, and military weapons are proposed. The article identifies situations (circumstances) associated with a real threat to the life and health of a special-purpose employee. The negative and positive aspects associated with the use of coercive measures are emphasized.

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“…There is now a vibrant scholarship examining OPCAT and the work of NPMs. Reflecting the fact that many countries around the world are yet to designate NPMs, or are at the early stages of implementation, much of this scholarship uses legal methodology to interpret OPCAT’s provisions (Murray et al., 2011; Rogan, 2019; Steinerte, 2014; Steinerte and Murray, 2009), especially to assess how OPCAT operates, or will operate, in particular countries (Culo, 2015; Fernandez, 2005; McGregor, 2017; Pierce, 2014). Scholarship has also examined the interactions between different types or layers of prison monitoring, such as the relationship between the SPT and the CPT (de Beco, 2011).…”

Section: The Operation Of Prison Inspection and Monitoring Bodiesmentioning

confidence: 99%

Rights protection in prisons: Understanding recommendations-making by prison inspection and monitoring bodies in the European Union

Aizpurúa

Rogan

2021

Punishment & Society

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Despite the increasing focus on prison inspection and monitoring bodies in international law and policy, little is known about their operations in practice. This study contributes to fill this gap by examining how countries of the European Union (EU) have responded to these demands, paying special attention to one of the central tasks of these bodies: the making of recommendations. To do so, we used data from the first EU-wide survey of prison oversight bodies, with responses from all Member States. Our findings reveal that recommendations-making is a key part of the work of these bodies. They also provide evidences that the approach to dialogue between these bodies and prison authorities advocated in the legislation is taking place on the ground.

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Prison Inspection and Monitoring: The Need to Reform European Law and Policy

Cited by 15 publications

References 25 publications

Monitoring Prisons in Europe: Understanding Perspectives of People in Prison and Prison Staff

Monitoring Prisons in Europe: Understanding Perspectives of People in Prison and Prison Staff

Law Enforcement Activities of the Criminal Executive Special Forces Associated with the Use of Coercive Measures

Rights protection in prisons: Understanding recommendations-making by prison inspection and monitoring bodies in the European Union

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