Reflecting on the EPLN-EIN Conference: Addressing Structural Problems in Prisons and Prospects for European Intervention
/On 18 and 19 November 2024, the European Prison Litigation Network (EPLN) and the European Implementation Network (EIN) jointly organised, under the auspices of the Permanent Representation of the Kingdom of the Netherlands to the Council of Europe, a pivotal conference to address critical issues plaguing European prison systems. Bringing together over 90 leading experts, policymakers, representatives of institutions and civil society actors, the event tackled systemic challenges in prisons as identified by judgments of the European Court of Human Rights, such as overcrowding, informal prisoner hierarchies, mental health neglect, and the practical enforcement of international standards, notably the effective implementation of European Court of Human Rights (ECtHR) judgments. Over two days of in-depth discussions, participants examined the intersection of these deeply rooted problems with European institutional mechanisms, identifying both the barriers to meaningful reform and the opportunities for fostering improved prison conditions through cooperative European intervention.
Understanding the Depth of the Problem: Overcrowding and Beyond
Prison overcrowding emerged as one of the most pressing issues discussed. In her opening speech, Ambassador Tanja Gonggrijp, Permanent Representative of the Kingdom of the Netherlands to the Council of Europe, highlighted recent data revealing that overcrowding has worsened in several European countries, with a 2% increase in inmate populations between 2022 and 2023, leading to degrading conditions and systemic human rights violations. Overcrowding not only violates the dignity of detainees but also exacerbates informal hierarchies, limits access to healthcare, and undermines rehabilitation efforts.
Annie Kensey, from the Research Centre for Sociology of Law and Penal Institutions, underscored the complexity of the issue, distinguishing between overpopulation, where facilities exceed capacity, and prison inflation, a relative increase in detainees compared to the general population. Both phenomena reflect deeper structural problems, such as reliance on pre-trial detention, lengthy sentences, and a lack of alternatives to imprisonment.
Participants also debated the minimum standards for humane detention, particularly regarding the sufficiency of personal space per detainee. While the discussions on space requirements reflected broader systemic challenges, they underscored the importance of addressing the root causes of Article 3 violations to foster long-term solutions. In addition, mental health inadequacies were discussed. In many systems, prisoners with severe mental illnesses are confined without adequate care, further highlighting systemic neglect. For instance, Xabier Etxebarria Zarrabeitia, Professor at the Complutense University of Madrid and Board member of EPLN, discussing the Spanish case, emphasised the dire consequences of failing to integrate prison healthcare into national healthcare systems, noting that this leads to lower standards of care and perpetuates stigma.
Addressing Root Causes with Sustainable Solutions
The conference repeatedly stressed the importance of addressing the root causes of structural problems rather than merely treating their symptoms, highlighting punitive sentencing policies, excessive reliance on incarceration, and insufficient rehabilitation efforts. Alternatives to detention—such as community sanctions, reduced pre-trial detention, and shorter sentences—were identified as critical tools. However, these solutions come with challenges. For instance, participants noted the unintended consequences of some reforms, such as increased suicide rates among detainees placed in alternative custody arrangements. Additionally, the rise of penal populism in several countries also poses a significant barrier to reform. As noted by Maciej Nowicki, President of the Helsinki Foundation for Human Rights and Chair of EIN, political narratives that prioritise punitive measures over evidence-based policies perpetuate systemic problems. Harsh penalties, restrictions on conditional release, and the stigmatisation of inmates as undeserving of humane treatment exacerbate the cycle of overcrowding and neglect.
Professor Sonja Snacken, Emer. Professor at the Vrije Universiteit Brussel, called for a paradigm shift in penal policies, urging national authorities to prioritise imprisonment as a last resort in order to prevent overcrowding and the resulting consequences. She argued for decriminalisation of minor offenses and greater investment in rehabilitation over punitive measures. The Portuguese system, with its 25-year cap on sentences and emphasis on community sanctions, was highlighted as a model for progressive penal reform.
Implementation Challenges: ECtHR Judgments and Preventive Measures
A recurring theme throughout the conference was the gap between the pronouncements of European institutions and their implementation at the national level. The European Court of Human Rights (ECtHR), as outlined by ECtHR Judge Kateřina Šimáčková, has been instrumental in defining states' obligations under Article 3 of the European Convention on Human Rights (ECHR). However, the effective implementation of ECtHR judgments remains a critical challenge, with many pilot cases struggling to yield substantive reforms.
In this regard, Pavlo Pushkar, Head of Division at the Department for the Execution of judgments of the ECtHR, stressed the important role of the Committee of Ministers in supervising the execution of judgments, particularly in addressing Article 3 violations related to inhumane detention conditions. Participants emphasised that funding and resource constraints pose major challenges, impacting not only national authorities but also international institutions responsible for monitoring the implementation of these judgments. They underscored the urgent need to minimise delays in execution while prioritising reforms that are both sustainable and contextually relevant. An additional critical point of discussion was the persistent gap between legislation and practice, with a strong call for coordinated efforts to transform theoretical commitments into tangible, real-world outcomes.
Case studies from Romania and Italy illustrated the complexities of implementing ECtHR judgments. While Romania’s compensatory remedy law and pilot judgment Rezmives v. Romania initially spurred reforms, political resistance and inconsistencies in action plans have undermined sustained progress. Similarly, Italy’s reliance on compensatory remedies in the Torregiani v. Italy case has failed to address underlying structural deficiencies, perpetuating overcrowding and inadequate conditions. Speakers repeatedly highlighted the interplay between political will, resource allocation, and judicial interpretations in hindering the execution of judgments. Subsidiarity, while a cornerstone of European jurisprudence, often results in inconsistent application of standards across member states, undermining efforts to harmonise prison conditions.
Preventive measures were a prominent topic, with advocates emphasising their importance in mitigating human rights violations before they occur. Julien Attuil, Head of the Transversal Division of the CPT, detailed the harmful impacts of informal prison hierarchies, which perpetuate violence, exploitation, and corruption. He outlined the CPT’s preventative framework and recommendations for dismantling such hierarchies, emphasising the need for structural reforms, professional training, and increased monitoring within prison systems. However, concerns were raised about the misuse of preventive remedies, particularly in contexts like Ukraine, where such measures may obscure systemic failures rather than resolve them. Despite these challenges, the value of prevention was reaffirmed, with participants stressing the need for greater transparency and institutional accountability.
Finally, the discussion also explored transitional measures as a mechanism to protect rights during reform processes. While these measures were recognised as valuable interim solutions, participants cautioned against complacency, warning that transitional steps must not replace genuine systemic reforms. Their role, it was argued, should be to complement and accelerate broader changes rather than become a substitute for them.
The Role of Empathy and Collaboration
Throughout the conference the importance of empathy in addressing human rights violations in prisons was stressed. As several speakers emphasised, incarceration itself is inherently punitive, and inhumane conditions should not serve as an additional punishment. Testimonies from detainees and their families underscored the often-overlooked collateral suffering endured by those affected by systemic neglect.
The conference also highlighted the need for fostering synergies between the ECtHR, the CPT, and EU mechanisms. Although criminal justice primarily falls within national jurisdictions, the EU can influence penitentiary standards indirectly through funding programs and judicial mechanisms, such as the European Arrest Warrant (EAW). Julia Burchett, Post-Doctoral Researcher at the Université Libre de Brussels, pointed out that while the EU’s role in addressing systemic issues is limited, its cooperation frameworks offer opportunities for meaningful interventions. Harmonising messages from these institutions is critical to providing clear, actionable guidance for national authorities. Fragmented or inconsistent messaging can undermine progress and provide justification for inaction. Additionally, increased funding was also identified as key to addressing systemic issues more effectively.
A Call for Collective Action
The EPLN-EIN Conference underscored the urgency of reforming European prison systems in line with human rights principles. Structural problems such as overcrowding, mental health neglect, and informal hierarchies remain deeply entrenched, but the discussions reaffirmed the importance of a multifaceted, cooperative approach to addressing these challenges.
As the conference concluded, participants reaffirmed the unique and indispensable value of the Convention system in addressing human rights violations. Despite its occasional shortcomings, the system’s unparalleled role in addressing human rights violations was emphasised, including as an effective tool for combating injustice in prisons. The discussions emphasised the urgency of transforming prisons into spaces of dignity and rehabilitation rather than suffering and stagnation.
Looking ahead, the implementation of ECtHR judgments and the establishment of sustainable reforms must remain a priority. As highlighted by Judge Kateřina Šimáčková, “The European Convention does not stop at the prison gate.” It is incumbent upon European institutions, national governments, civil society and legal professionals to deepen their collaboration and work toward a shared goal: to ensure that no individual is subjected to inhumane or degrading treatment within Europe’s prisons.
This call to action resonates with the emotional testimony shared during the conference by Volodymir Panasenko a former life prisoner whose life was transformed by the ECtHR. Describing the Court as a “court that changes lives,” his story served as a powerful reminder of what is possible when justice systems function as intended.
Empathy, sustained collaboration, and collective responsibility remain the cornerstones of achieving meaningful progress. By addressing the root causes of systemic problems and fostering synergies among international and national actors, European prison systems can become exemplars of dignity and humanity.