The power of transparency: the importance of justifications in the prison context

• In Event: Justifying intrusive measures in policing, prison, and administrative detention - between theory and practice

Abstract

The justification of administrative actions is regulated by law and aims to increase confidentiality, legitimacy, and transparency regarding the reasons underlying the decision. The substantive obligation to provide reasons requires that a decision should be supported by factual and legal motives that are disclosed and should justify the decision. The importance of providing reasons for decisions is also emphasized in the Belgian prison legislation. This is particularly important in the prison context where detainees reside in closed ‘total institutions’, and therefore find themselves in a special position of dependency vis-à-vis the prison staff and administration. Moreover, the decisions taken by staff and the administration can sometimes involve far-reaching measures, such as conducting a strip search, placement in a high-security regime, or in a disciplinary cell.
Based on the work of the Belgian council for prison monitoring, the difficulties, problems, and challenges related to the justification of decisions are examined in the light of the seemingly everlasting struggle to balance security and human rights in ‘total institutions’.

Authors

• Pieter Houbey, CTRG/CCSP

• Sonja Meijer, Radboud University