Remarks by Bjørn Berge, Deputy Secretary General of the Council of Europe

State Secretary,

Distinguished guests and speakers,

Ladies and gentlemen,

It is a honour and pleasure to be here.

Let me begin by thanking the German Ministry of Justice and the prison and probation services of the German Länder for hosting this Conference.

This annual event is vital for bringing together Europe’s Directors of Prison and Probation Services –

So that we can discuss the new and evolving challenges –

And – most importantly – what should be done about them –

Given the latest research and insights, and your knowhow and vast experience.

It is also very fitting that this year’s meeting takes place in Berlin, the very same city which hosted the first annual event of this kind outside of Strasbourg twenty-three years ago.

Today in Europe, there certainly exist many threats to our values, and to the fundamental rights and principles that we hold high.

Last month, European leaders gathered to address these threats at the Council of Europe’s 4th Summit of Heads of State and Government.

Among the actions that they took was the establishment of a Register of Damage to record the loss and destruction inflicted on Ukraine as a result of Russia’s brutal and totally unacceptable war of aggression.

This Register is a necessary first step for any future compensation mechanism.

In addition, there are ongoing discussions on establishing a special tribunal for the crime of aggression – and a core-group of more than 30 countries, with the participation of the European Union and the Council of Europe, are currently looking into this.

Because there cannot be any lasting peace without justice.

European leaders also came to an agreement on a set of Reykjavik Principles of Democracy, and other specific measures aimed at stopping and reversing the sad trend of democratic backsliding that we all see in Europe today –

A trend fuelled by the rise of populism and extreme nationalism –

Of which the gravest example is of course the Russian Federation itself.

Underlying all of this was the member states’ recommitment to the values and standards of our Organisation.

Human rights, democracy and the rule of law –

At the same time, your active cooperation, to help ensure that prison and probation services meet European standards, has been long-lasting and comprehensive.

Starting in the 1960s, it includes resolutions, guidelines and recommendations to member states covering everything from the education of detainees –

To radicalisation, violent extremism and electronic monitoring –

To the most recent recommendation on the assessment, management and reintegration of sexual offenders.

As well as the series of revisions to the European Prison Rules, which are today the European benchmark in this area –

But also the related work of our Committee for the Prevention of Torture, the CPT –

And the growing numbers of judgments on prison-related matters issued by the European Court of Human Rights – are also very important to note.

On this occasion, it is also right to point out that the Council of Europe has taken steps to assist individual countries in implementing CPT recommendations and Court judgments –

I am sure that the President of the CPT, Mr Alan Mitchell, will revert to this at the end of the conference.

Such assistance comes through targeted co-operation programmes –

With welcome external funding, particularly from the European Union.

We have certainly also had very close co-operation with the European Organisations of Prison and Correctional Services –

The International Corrections and Prisons Association –

And the Confederation of European Probation –

All of which, I understand, are represented here today.

Whether our Conferences of Directors of Prison Administration have been shaping all this work –

Or addressed its impact –

The leadership you have shown has always been crucial to ensuring that prison and probation services are modern, effective and fit for purpose.

I believe that your forward-looking agenda here in Berlin is yet another testament to that fact.

And you are right to address health challenges.

Over recent years, our understanding of mental health in particular has deepened –

And so too has our understanding of its impact on people’s behaviour and how they should be treated.

As you know well, the number of people in prison and the probation system suffering from mental health problems is very high –

Disproportionately high –

And often growing.

During and after the Covid-19 pandemic, this trend has accelerated.

Urgent measures are required to meet the needs of those who are suffering and to ensure the integrity of the systems that you run.

That is why the Council of Europe is working on new standards relating to the management of people with mental disorders –

And the promotion of positive mental health by the prison and probation services.

I know that many of you will have insights and ideas about what this should include –

And I am sure we all look forward to hearing them.

Similarly, I am interested to hear your views on substance addiction.

Aspects of this problem were addressed in previous recommendations to our 46 member states –

On health care in prisons, and on juvenile offenders –

But this too remains a challenge where the problem –

And our understanding of it –

Is changing rapidly –

And where we see the scale of the problem increasing for some prison and probation services in some of our member states –

Often with severe consequences for the individuals involved –

And with additional consequences for the safe and efficient running of services.

Dear friends,

Given the many and important challenges facing prison and probation services –

Especially at a time when we all face economic difficulties and uncertainties –

You are right to ask whether there are ways to reduce the use of prisons –

But the use of community sanctions and measures might not only ease prison overcrowding, conditions and budget pressure –

It might also lead to better outcomes.

The resocialisation and reintegration of offenders –

May lead to reduced rates of reoffending.

Restorative justice is one such alternative.

This enables those harmed by crime –

And those responsible for it –

To participate actively in a resolution process through the help of a trained and impartial third party.

It should be voluntary, deliberative and respectful –

And focus on reparation and reintegration.

On this, the Council of Europe agreed, nearly five years ago, on a recommendation to all our member states.

This was followed by a Ministers of Justice Conference eighteen months ago – where we adopted a “Venice Declaration on the role of restorative justice in criminal matters” –

Making clear how and where this approach can work best.

Certainly, restorative justice –

Bringing perpetrators and victims together, to decide the right means of repair –

Very often provides better outcomes for all.

At the same time resocialising offenders –

Helping them to become active and responsible citizens.

Lastly, I want to pick up on a point which State Secretary Dr Schlunck mentioned in her speech, and which I too believe will be of increasing importance in the years to come –

And in all aspects of our societies.

Namely, the rise of Artificial Intelligence and digital technology.

On one hand, this is paving the way for new kinds of crime and questions of criminal liability.

On the other, it will be something that can help us in many ways.

But it will also raise a number of ethical issues including its use in prison and probation settings.

With increased surveillance and predictive technology – may I ask: How, for example, can we ensure that prisoners’ rights and privacy and private life are respected –

And their human rights upheld more generally?

With our member states, we are now working on a new Convention that will set out a general framework for the design, development and application of AI while respecting human rights, democratic principles and the rule of law.

And the Council of Europe is also developing new standards when it comes to the ethical and organisational aspects of AI use by prison and probation services, on which we will listen and learn from you.

So that we act in a way that is fair, legal and effective to address this challenge.

Dear friends,

These are some aspects of the work that the Council of Europe is doing to address well-known issues in your professional sector.

Equally important, however, is to listen what you think are the current and coming challenges on which more should be done.

It has been 15 years since we adopted our “European rules for juvenile offenders subject to santions or measures”.

But a lot has changed as regards our understanding of young people over the course of 15 years.

Are these rules still fit for purpose?

Do you think that the system is helping young offenders to correct the course of their lives in the way it could and should?

Or do we need a change of approach?

The same is true when it comes to radicialisation in prisons.

This was a very hot topic in public debate five, ten, fifteen years ago –

Partly because of high-profile terrorist attacks and extensive media coverage.

Our efforts to respond, also led to a set of new “Guidelines for prison and probation services regarding radicalisation and violent extremism”, adopted by all our governments in 2016.

But this issue gets less coverage today.

Is this really because the work of the Council of Europe and others has been so effective in dealing with the problem?

It would be nice to think so –

But more realistically, isn’t it so that our attention has simply gone elsewhere and this issue continues to grow –

And should we not be thinking ahead to what more must be done here too?

Or are the key issues rights now more technical or operational?

Such as prison over-crowding –

Stretched resources –

Or poor pay, staff conditions and retention problems?

Well, I will end my remarks now, but only to say it has been a pleasure to talk here today about the Council of Europe’s work –

But it will be more important  to learn from you about the realities on the ground –

And how we might move forward, and work together, to address them.

I wish you all a very successful conference.

Thank you for your attention.