Implementation of CPT Recommendations in the German Prison SystemThis research project will seek to analyze the implementation of the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) in the German prison system. Methods of implementation and the effectiveness of the recommendations will be covered, as too will the cooperation (or lack thereof) displayed by Germany in the area of prisoner rights. The aim of the project is to provide suggestions to optimize the implementation procedures. |
| Project category: | Doctoral dissertation |
| Organizational status: | Individual project |
| Project time frame: | Project commences: 2008 Project ends: 2011 |
| Project status: | Completed |
| Project language(s): | German |
Head(s) of project:
Object of research
The CPT is mandated to visit prisons and examine the treatment of persons deprived of their liberty with a view to strengthening, if necessary, the protection of such persons from torture and from inhuman or degrading treatment or punishment (Article 1, European Convention for the Prevention of Torture and Inhuman or Degrading Treatment of Punishment). Germany has been visited by the CPT on four separate occasions (plus one ad hoc visit to the holding facilities for immigration detainees at Frankfurt Airport). During each of these visits various institutions such as prisons, police stations, holding facilities for immigration detainees, and psychiatric hospitals were examined. The present project is limited to the CPT visits to German prisons.
Need for research
Germany is widely recognized for its strong stance on human rights, both at home and abroad. The question is: does this reflect its stance with regard to the CPT? A number of studies produced in the 1990s tend to suggest that at that time, most researchers were not of the opinion that Germany acted as a particularly cooperative partner. Since then, the influence of the CPT has however markedly increased, so that a change in the cooperative relationship between it and Germany may have occurred. It is for this reason that an up to date analysis of the current situation is necessary.
Methodology
Methodologically, the project will focus on the use of Implementation Research. This can be used to evaluate the effectiveness of political programs, such as the CPT recommendations, and demonstrate that their implementation has less to do with the ‘initiator’ and more to do with the administrative support afforded to the recommendations by the intended target-group. As such, implementation processes will be analyzed to see how they can be improved. To this end, a qualitative content analysis of the CPT Reports will be conducted in order to categorize the various recommendations. These categories will then be cross-referenced with governmental documents to examine the German responses to the recommendations. Further information is intended to be obtained from academic research papers and documents. In addition, a series of expert interviews will also be carried out with representatives from the German prison system to ascertain further information on the findings provided by the written materials.
Aim of the project
The aim of the project is to review the effectiveness of the CPT recommendations and look at the willingness of Germany to implement them. It is hoped that the findings will be used to optimize the procedures of the CPT and, in so doing, also serve as a blueprint for similar human rights mechanisms such as the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. At the same time, the standards of the German prison system will also be examined in light of the CPT recommendations and findings.