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Remedies for breaches of prisoners’ rights in the European Prison Rules

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Abstract
This article looks into the architecture of remedies for breaches of the right of prisoners not to be subjected to inadequate conditions of detention under the revised 2020 European Prison Rules (EPR). It seeks to expound the consistency and rationality of the relevant provisions of the 2020 EPR from the perspective of relevant principles and specific prescriptions of European prison law. For the purpose of the present article, the term ‘European prison law’ encompasses rules and standards set out in the case law of the European Court of Human Rights, practice of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the provisions of the EPR. The article finds that, in this context, there is sufficient coherence in the relevant principles of European prison law – faithfully codified in the 2020 EPR – providing clear guidance to European States on how to put in place a system of remedies for breaches of prisoners’ rights and how to ensure its effective operation in practice.
Keywords
Prisoners’ rights, conditions of detention, effective remedy, European Prison Rules, European Convention on Human Rights, European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

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MLA
Kamber, Krešimir. “Remedies for Breaches of Prisoners’ Rights in the European Prison Rules.” NEW JOURNAL OF EUROPEAN CRIMINAL LAW, vol. 11, no. 4, 2020, pp. 467–88, doi:10.1177/2032284420963891.
APA
Kamber, K. (2020). Remedies for breaches of prisoners’ rights in the European Prison Rules. NEW JOURNAL OF EUROPEAN CRIMINAL LAW, 11(4), 467–488. https://doi.org/10.1177/2032284420963891
Chicago author-date
Kamber, Krešimir. 2020. “Remedies for Breaches of Prisoners’ Rights in the European Prison Rules.” NEW JOURNAL OF EUROPEAN CRIMINAL LAW 11 (4): 467–88. https://doi.org/10.1177/2032284420963891.
Chicago author-date (all authors)
Kamber, Krešimir. 2020. “Remedies for Breaches of Prisoners’ Rights in the European Prison Rules.” NEW JOURNAL OF EUROPEAN CRIMINAL LAW 11 (4): 467–488. doi:10.1177/2032284420963891.
Vancouver
1.
Kamber K. Remedies for breaches of prisoners’ rights in the European Prison Rules. NEW JOURNAL OF EUROPEAN CRIMINAL LAW. 2020;11(4):467–88.
IEEE
[1]
K. Kamber, “Remedies for breaches of prisoners’ rights in the European Prison Rules,” NEW JOURNAL OF EUROPEAN CRIMINAL LAW, vol. 11, no. 4, pp. 467–488, 2020.
@article{8677875,
  abstract     = {{This article looks into the architecture of remedies for breaches of the right of prisoners not to be subjected to inadequate conditions of detention under the revised 2020 European Prison Rules (EPR). It seeks to expound the consistency and rationality of the relevant provisions of the 2020 EPR from the perspective of relevant principles and specific prescriptions of European prison law. For the purpose of the present article, the term ‘European prison law’ encompasses rules and standards set out in the case law of the European Court of Human Rights, practice of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the provisions of the EPR. The article finds that, in this context, there is sufficient coherence in the relevant principles of European prison law – faithfully codified in the 2020 EPR – providing clear guidance to European States on how to put in place a system of remedies for breaches of prisoners’ rights and how to ensure its effective operation in practice.}},
  author       = {{Kamber, Krešimir}},
  issn         = {{2032-2844}},
  journal      = {{NEW JOURNAL OF EUROPEAN CRIMINAL LAW}},
  keywords     = {{Prisoners’ rights,conditions of detention,effective remedy,European Prison Rules,European Convention on Human Rights,European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment}},
  language     = {{eng}},
  number       = {{4}},
  pages        = {{467--488}},
  title        = {{Remedies for breaches of prisoners’ rights in the European Prison Rules}},
  url          = {{http://doi.org/10.1177/2032284420963891}},
  volume       = {{11}},
  year         = {{2020}},
}

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