Incidents of violence against prison guards 'rather exceptional' in Luxembourg

On Tuesday morning, Ombudsman* Claudia Monti gave an extensive interview to our colleagues from RTL Radio, sharing insights into her role and the challenges she encounters.

Speaking on Human Rights Day, Monti remarked that she views "every law" as a "human right." However, she expressed concern that some laws in Luxembourg are being "interpreted in a slightly more restrictive way." This trend, she explained, raises questions about whether it represents a paradigm shift or simply a different interpretation of legal frameworks.

Despite these concerns, Monti noted that ministers in the current government are "quite open" to discussing such issues.

Concerns over exploitation in temporary work

On Tuesday, the fourth report on human trafficking in Luxembourg is set to be presented to the Chamber of Deputies. While cases of human trafficking rarely fall directly under the Ombudsman's remit, Monti explained that she often becomes indirectly aware of related issues through complaints. One area of particular concern, she highlighted, is temporary work.

Monti explained that temporary workers, many of whom are highly vulnerable, face significant risks of exploitation. "These individuals need jobs but often lack the necessary training, qualifications, or even a stable background," she said, adding, "This makes them particularly easy to exploit."

When confronted with suspected cases of human trafficking, Monti said she refers these matters to the Inspectorate of Labour and Mines (ITM), which serves as her primary contact point.

Monti stressed that exploitation and trafficking are issues that span numerous industries in Luxembourg, including hospitality, construction, transport, agriculture, and even fairground work. "These are everyday jobs where we don't always see that there's a problem," she explained.

Incidents between prison guards and inmates

Addressing recent cases of violence against prison guards, Monti, who oversees the external monitoring of detention facilities, noted that such incidents remain relatively rare in Luxembourg compared to other countries. Referring to a recent attack at the Givenich prison, where a guard was seriously injured, Monti described the event as "rather exceptional," adding that no similar incidents had occurred in the past eight years.

The attack has prompted those in charge to heighten their vigilance. Even in Givenich, a semi-open prison centre, it is essential to remain cautious because "you're still dealing with criminals, after all," Monti said.

While violence may be less surprising in Schrassig penitentiary, Monti highlighted another factor that may contribute to tensions: the holiday season. "This period affects the inmates terribly," she explained.

In the past, the prison guards' association called for better armament for its members. However, Monti said she was uncertain whether these demands are still being pursued.

Growing number of complaints seen as positive

As Claudia Monti nears the end of her eight-year term as Ombudsman, she reflected on the steady rise in the number of complaints her office receives each year. For Monti, this increase is a positive development.

"I don't believe that people have become more negative," she explained, adding, "Rather, they dare to complain more." She attributed this trend to growing public awareness of the Ombudsman's work, as well as Luxembourg's population growth. As a result, the Ombudsman's office has seen a corresponding increase in demand for its services and caseload.

Extending the Ombudsman's remit

Since the beginning of her tenure, Monti has advocated for expanding the Ombudsman's scope of responsibilities. "There are still areas where the Ombudsman cannot intervene, and no other body can either," she explained. Monti stressed the importance of creating a mechanism to oversee private institutions that provide public services, ensuring accountability and a point of contact for concerns.

She highlighted examples such as retirement homes, facilities for disabled individuals, and institutions managing people under guardianship.

Another key reform Monti championed is granting the Ombudsman the authority to act as a neutral expert in court. While this is theoretically possible under current legislation, it has not yet been implemented in practice.

*Note: When Claudia Monti assumed her role, she requested to be referred to as "Ombudsman," a title also reflected on the official website.