This chapter scrutinizes the last period of time (2009–2025) that consists for the European human rights bodies to orient national penal and prison policies through pilot judgments and the execution of judgments under Article 46 of the European Convention on Human Rights (ECHR) that requires for national states to adopt general measures such as new legislation and new administrative measures. The first section of this chapter is devoted to the protection of detainees’ rights over the history of the Council of Europe and the jurisprudence delivered by the Strasbourg Court (I). The second section relates to the inverted panopticon nurtured by detainees, NGOs, the European Committee for the Prevention of Torture (CPT) and the European Court of Human Rights (ECtHR) case law which consists in judicial review made by them and to which detainees contribute (II). The third and lest section is about shaping and softening national penal and detention policies through the inverted panopticon (III).

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The Role of the ECtHR in the Protection of Prisoners’ Rights and in the Shaping of Penal and Prison Policies Through Pilot Judgments

  • Gaëtan Cliquennois

摘要

This chapter scrutinizes the last period of time (2009–2025) that consists for the European human rights bodies to orient national penal and prison policies through pilot judgments and the execution of judgments under Article 46 of the European Convention on Human Rights (ECHR) that requires for national states to adopt general measures such as new legislation and new administrative measures. The first section of this chapter is devoted to the protection of detainees’ rights over the history of the Council of Europe and the jurisprudence delivered by the Strasbourg Court (I). The second section relates to the inverted panopticon nurtured by detainees, NGOs, the European Committee for the Prevention of Torture (CPT) and the European Court of Human Rights (ECtHR) case law which consists in judicial review made by them and to which detainees contribute (II). The third and lest section is about shaping and softening national penal and detention policies through the inverted panopticon (III).