From the Article 3 ECHR derives the obligation for the States Parties to protect the psycho-physical integrity of the population and avoid dangerous situations. This principle has been applied with reference to the context in which there is a risk for the health of citizens caused by public or private subjects (see Cwik vs. Poland – 5th of November 2020). According to a recent decision of Strasbourg Court (Kargakis vs. Greece – 14th of January 2021), the Article 3 ECHR imposed that the public authority must examine the issues related to the health of prisoners very quickly; it must allow the prisoners to present their problems and bring supporting documents. It must avoid prolonged contacts of the inmate with an harmful environment, which could worsen his already precarious conditions. The premise must be adapted to the Covid-19 emergency. During the current period, prisons have become dangerous places. The overcrowding facilitates the eventual development of outbreaks. It is difficult to avoid gatherings and to respect the safety distance into the jail. The hygienic conditions – not always optimal – do not help the prevention of contagion. Cause of this situation, prisoners risk a lot, because they are forced to stay in a dangerous environment. More, the risk of contagion makes the stay in prison an experience harder than it should: for this reason, it is right to consider the prisoners as vulnerable subjects in current period. The topic research consists on understanding if, during the Covid-19 emergency, European Countries respect the obligation that the Article 3 ECHR imposes to safeguard the inmates. This report shows that the importance of pandemic emergency is a factor more impacting on prison life: it is impossible to apply the safety measures in jail. Since the Covid-19 danger is not an unexpected event as during the “first wave”, the national authorities that are unprotective to prisoners – but also to all vulnerable subjects – risk to violate the Article 3 ECHR on the basis of two judgments (Cwik and Kargakis) intially exposed.
Prison law and vulnerability in the time of COVID-19
Francesco Trapella
2021-01-01
Abstract
From the Article 3 ECHR derives the obligation for the States Parties to protect the psycho-physical integrity of the population and avoid dangerous situations. This principle has been applied with reference to the context in which there is a risk for the health of citizens caused by public or private subjects (see Cwik vs. Poland – 5th of November 2020). According to a recent decision of Strasbourg Court (Kargakis vs. Greece – 14th of January 2021), the Article 3 ECHR imposed that the public authority must examine the issues related to the health of prisoners very quickly; it must allow the prisoners to present their problems and bring supporting documents. It must avoid prolonged contacts of the inmate with an harmful environment, which could worsen his already precarious conditions. The premise must be adapted to the Covid-19 emergency. During the current period, prisons have become dangerous places. The overcrowding facilitates the eventual development of outbreaks. It is difficult to avoid gatherings and to respect the safety distance into the jail. The hygienic conditions – not always optimal – do not help the prevention of contagion. Cause of this situation, prisoners risk a lot, because they are forced to stay in a dangerous environment. More, the risk of contagion makes the stay in prison an experience harder than it should: for this reason, it is right to consider the prisoners as vulnerable subjects in current period. The topic research consists on understanding if, during the Covid-19 emergency, European Countries respect the obligation that the Article 3 ECHR imposes to safeguard the inmates. This report shows that the importance of pandemic emergency is a factor more impacting on prison life: it is impossible to apply the safety measures in jail. Since the Covid-19 danger is not an unexpected event as during the “first wave”, the national authorities that are unprotective to prisoners – but also to all vulnerable subjects – risk to violate the Article 3 ECHR on the basis of two judgments (Cwik and Kargakis) intially exposed.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
