Perspectives of Law and Public Administration (Mar 2022)
DETENTION CONDITIONS REFLECTED IN THE JURISPRUDENCE OF ARTICLE 3 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS
Abstract
The number of convicted in prisons is growing worldwide and it is no secret that deprivation of liberty does not justify many of the objectives and material means assigned to it. Deprivation of liberty has several objectives: ensuring the security of society by isolating offenders, reducing recidivism and re-educating offenders. However, prison conditions, especially those in Eastern Europe, do not meet the standards imposed by international institutions. The specific international legislation is extremely concise with this field, given the fact that through its content and applicability it occupies a priority role in the policy of any rule of law. Because a rule of law, through its social protection components, manifests its concern for its citizens, and especially for those in vulnerable situations, and the execution of a custodial sentence is certainly among the vulnerabilities that require increased care for these categories of individuals. The purpose of this article is to study the theoretical, practical and legislative aspects regarding the legal interpretation of the human rights institution from the perspective of the existence of conditions of detention in prisons, aspects reflected in the jurisprudence of the European Court of Human Rights.
