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CM/Notes/952/10.2corrE  / 05 January 2006 

Ministers’ Deputies
Notes on the Agenda

CM/Notes/952/10.2 21 December 20051
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952 Meeting, 11 January 2006
10 Legal questions


10.2 European Committee on Crime Problems (CDPC)

Draft Recommendation Rec(2005)… of the Committee of Ministers to member states on the European Prison Rules and Commentary

Item prepared by the GR-J

Reference documents
CM(2005)163 and corrigendum and CM(2005)163 Addendum and corrigendum , CM/Del/Dec(2005)949/1.1

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Action

To adopt the draft Recommendation on the European Prison Rules and to take note of its commentary (document CM(2005)163, Appendix 1, and Addendum).

1. The Council for Penological Co-operation (PC-CP) was entrusted by the Deputies in accordance with its ad hoc terms of reference to update Recommendation No. R (87) 3 on the European Prison Rules2. The texts were then forwarded to the European Committee on Crime Problems (CDPC), which at its 54th plenary meeting (7-11 March 2005) decided, inter alia, to instruct its Bureau (meeting in an enlarged composition, i.e. open to all member states) to finalise the draft Recommendation on the European Prison Rules and its commentary without delay. All CDPC delegations were invited to send written comments on the two texts. The draft Recommendation and its commentary were revised at an enlarged CDPC Bureau meeting
(15-17 June 2005). The revised texts were then sent once again to all CDPC delegations for any further written comments, subsequent to which the Bureau, at its meeting from 12 to 14 October 2005, approved the draft Recommendation and its commentary and agreed to submit these texts to the Committee of Ministers for adoption.

2. It is recalled that at their 949th meeting (1 December 2005, item 1.1), the Deputies agreed to postpone this item to their 951st meeting (14 December 2005), after consideration by their Rapporteur Group on Legal Co-operation (GR-J).

3. The GR-J examined this item at its meeting on 8 December 2005. One delegation asked for an additional sentence to be introduced in the Preamble to the draft Recommendation. All other delegations taking the floor indicated that they preferred to keep the text as it was. Several delegations indicated that there was some urgency in adopting the Recommendation. The Secretariat’s proposal that an appropriate text be included in the commentary instead met with approval.
4. Another delegation has informed the Secretariat that it intends to make a reservation to the revised Prison Rules as it had previously made to the current Prison Rules. It had also agreed with the Secretariat to include a phrase in the Commentary (see CM(2005)163 Addendum corrigendum, p.3). The reservation would read as follows:

When this recommendation was adopted, and in application of Article 10.2c of the rules of Procedure for the meetings of the Ministers’ Deputies, the Representative of Denmark reserved the right of his government to comply or not with Rule 43, paragraph 2, of the appendix to the recommendation because it is of the opinion that the requirement that prisoners held under solitary confinement be visited by medical staff on a daily basis raises serious concerns with medical staff who consider that daily visits might be perceived as condoning or legitimising a decision to put or to keep a prisoner in solitary confinement.

5. The GR-J agreed provisionally to transmit the draft Recommendation to the Deputies for adoption at their 951st meeting, with the understanding that the delegation having indicated that it wished to add a wording to the Preamble, would inform the Secretariat at the latest on Monday, 12 December 2005, at the close of business, if it could accept instead to include a text in the commentary. The Secretariat was informed on 12 December 2005 that this solution is acceptable to the delegation (see CM(2005)163 Addendum corrigendum, p.2).

Financing assured: YES

DRAFT DECISIONS

952nd meeting – 11 January 2006

Item 10.2

European Committee on Crime Problems (CDPC –
Draft Recommendation Rec(2005)… of the Committee of Ministers to member states on the European Prison Rules and Commentary
(CM(2005)163 and corrigendum and CM(2005)163 Addendum and corrigendum)

Decisions

The Deputies

1. adopted Recommendation Rec(2005)… of the Committee of Ministers to member states on the European Prison Rules, as it appears at Appendix … to the present volume of Decisions; <<Appendix 1 to CM(2005)163 and corrigendum>>

2. took note of the Commentary to the European Prison Rules, as it appears in document CM(2005)163 Addendum and corrigendum.

Note 1 This document has been classified restricted at the date of issue. Unless the Committee of Ministers decides otherwise, it will be declassified according to the rules set up in Resolution Res(2001)6 on access to Council of Europe documents.
Note 2 808th meeting of the Ministers' Deputies, (18 September 2002, item 10.3).


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