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  • II chapter Punish and Care. A paradoxical injunction
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  • VI chapter What prospects for European prison law?
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Chapter 1 — 20 years ago, the Kudla v. Poland judgment
Video
All countries
Poland
The judgment Kudla v. Poland as viewed by great witnesses of the case

In the following video, protagonists of the case and key witnesses remember the conditions of the adoption of the Kudla ruling, by exposing the reasoning and the manner it which it fed into subsequent case law for the European Court of Human Rights on prisons.

Chapter 1 — 20 years ago, the Kudla v. Poland judgment
Article
All countries
A real transformation of prisons or merely an adaptation? Academic and activist questioning of the effects of the recognition of prisoner’s rights

Taking prison struggles before the courts is a recent phenomenon on the old continent, let alone at the European level. Thus, until recently, the ECtHR bodies have not had to take into account coordinated litigious campaigns intended to force legal developments in favour of prisoners’ rights. In this respect, it must be noted that the […]

Video
Bulgaria
France
Russia
The significance of recognising rights behind bars: legal struggles from inside prison

What does it mean for detainees to be able to invoke the European Convention on Human Rights, if necessary in court, against the prison authorities? Answering this question implies measuring the extent to which the logic of the law clashes head-on with the rationalities of the prison, whether in terms of the primacy given to […]

Chapter 1 — 20 years ago, the Kudla v. Poland judgment
Video
All countries
Belgium
Issues at stake in the recognition of prisoners’ rights

In this interview, Dan Kaminski, Professor of criminology at the University of Louvain-la-Neuve in Belgium, warns against the possible neutralisation of human rights. A utilitarian vision of those rights, which would serve a rehabilitative objective and a managerial approach of the prison administration, would consist of making the detainee responsible for creating the conditions for […]

Article
All countries
Poland
The prison aspect of the Kudla judgment: a specialist development with blooming consequences

Through the Kudla v. Poland, ruling handed down by the Grand Chamber on 26 October 2000, the European Court affirmed for the first time that article 3 of the Convention guarantees the right for any prisoner to be “detained in conditions which are compatible with respect for his human dignity”. As Françoise Tulkens recalls[1], Kudla […]

Chapter 1 — 20 years ago, the Kudla v. Poland judgment
Article
All countries
France
The judicial turn taken by the militant movement on prisons in France : a look back at the first legal battles

This article is taken from a paper presented at a conference held in April 2013 and was published in French in the book in FERRAN N., SLAMA S (dir.), Défendre en justice la cause des personnes détenues, Commission Nationale Consultative des Droits de l’Homme, Paris, La Documentation Française. The Observatoire International des Prisons, the French section (further OIP), […]

Article
All countries
Poland
20 years after the Kudla judgment, celebrating the work of justice, discerning the limits and defining the perspectives

Everywhere in Europe, the demand for justice from inside prisons claims the principles laid down by the Court in Strasbourg. The fact that these principles now constitute a common horizon for defending the rights of detainees, over and above the variety of penitentiary systems and the diversity of legal traditions, is sufficient to demonstrate the […]

Chapter 1 — 20 years ago, the Kudla v. Poland judgment
Video
All countries
The Court’s contribution to the protection of detainees in Europe, as seen by the CPT

In this video, Mykola Gnatovskyy, President of the CPT, gives his point of view on the crucial role played by the European Court of Human Rights in protecting detainees across the continent, on the relationship it has with the Committee he directs, and on how the bodies of the Convention and the CPT can act […]