Human Rights and Prisons - Rethinking Crime and Punishment

isk assessments carried out in this case demonstrated that the prisoner
posed a realistic risk of absconding. In light of this security risk, the use of
handcuffs did not constitute degrading treatment. Nonetheless, the prison
was instructed to revise its policy on handcuffing, which was deemed to fall
short of current human rights standards.
Restraint And Seclusion Of Schizophrenic A Breach Of Rights (Ukraine)
Kucheruk v Ukraine [2007] ECHR 2570/04 (6 September 2007)
In this case, the applicant, a man with chronic schizophrenia, was subjected to
the practices of restraint and seclusion while detained. The applicant
successfully complained to the European Court of Human Rights of violations
of art 3 (prohibition on cruel, inhuman or degrading treatment or punishment)
and art 5 (right to liberty and security of person and freedom from arbitrary
detention) of the European Convention on Human Rights in relation to his
detention, seclusion, restraint, and the investigation by the authorities of his
subsequent complaints.
Lawfulness Of Strip Searches (France)
Frerot v France [2007] ECHR 70204/01 (12 June 2007)
The European Court of Human Rights held that frequent, unwarranted strip
searches conducted on the applicant violated the prohibition on degrading
treatment in art 3 of the European Convention on Human Rights („ECHR‟).
Further, certain restrictions placed on the applicant‟s correspondence violated
the right to privacy protected by art 8 of the ECHR.
General Protection Measures
Need For Review Of Detention (UK)
Secretary of State for Justice v James [2009] UKHL 22 (6 May 2009)
The House of Lords confirmed that a breach of arts 5(1)(a) and 5(4) of the
European Convention on Human Rights may occur in circumstances where a
prisoner is detained for longer than is necessary for public protection or for a
lengthy period without a meaningful review of the risk they pose to the public.
However, the House of Lords held that a violation is only likely to arise if: the
review system breaks down entirely, such that meaningful review of a
prisoner‟s case is rendered impossible; or a prisoner is detained for „a period
of years‟ without an effective review of their case.
Justice Secretary’s Ability To Make Parole Decisions Not A Breach Of
Rights (UK)
Black v Secretary of State for Justice [2009] UKHL 1 (21 January 2009)
The House of Lords held that the Justice Secretary‟s power to determine
whether certain long-term prisoners should be released on parole does not
constitute a breach of art 5 of the European Convention on Human Rights,
which requires the lawfulness of detention to be determined by a court.
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