Following an initial inspection of the new Uerschterhaff penitentiary in Sanem, Ombudsman Claudia Monti identified several areas for improvement, though no major shortcomings were found.
The review, which included interviews with over 70 individuals – 50 of whom were inmates – highlighted concerns ranging from prisoner transport to healthcare access and recreational facilities.
One key issue is the transportation of prisoners, which is currently managed by the police. Monti noted that police forces have repeatedly raised concerns about insufficient manpower for this task. She suggested streamlining the process, including having magistrates travel more frequently for hearings or provisional release pleas.
Healthcare access was another focal point. Monti emphasised the importance of ensuring that all prisoners can see a doctor within 24 hours of arrival and are informed about available psychiatric and psychological support. This is particularly critical given that the majority of suicides in detention occur during the initial hours of incarceration.
The Ombudsman also criticised the lack of activities and job opportunities for inmates, as well as the limited outdoor space. Currently, the prison’s only courtyard is located on its roof, which Monti described as inadequate. “People need to walk on the ground and through grass. These are human needs. Yes, you are being punished, but your humanity is not being taken away from you”, she stated. However, she acknowledged that changes to the infrastructure are likely no longer feasible.
Monti further deplored the delay in implementing a Grand Ducal regulation, pending since 2018, which would standardise prison operating procedures. This regulation would address critical issues such as search protocols, visitation rules, and prisoner compensation. Without it, her office faces significant limitations in addressing many inmate concerns.
Additionally, Monti called for a discussion on setting a legal limit for the duration of remand custody, as Luxembourg currently has no such restriction.
