34. A number of .negatively strong. prisoners complained about their placement decisions and the fact that it was very difficult, if not impossible, to be transferred to an ordinary prison location. Staff explained that most decisions were taken by the National Investigation Centre and prisoners remained in the unit throughout their sentence. Some prisoners could also be placed in the unit by decision of the prison management, because of being violent or persistently uncooperative, and in such cases, prison staff could work with them with a view to relocating them to the ordinary prison accommodation.

It should be noted that .negatively strong. prisoners had limited access to their files, which made it difficult for them to challenge decisions. As regards in particular prisoners in the Black Cobra unit of Nyborg State Prison, they complained of having been refused any access to their files, not just that it was simply restricted. Further, the delegation heard some complaints about lack of clarity as regards decisions concerning home leave and early release.

In view of the more restrictive nature of the regime and the higher degree of supervision to which .negatively strong. prisoners are subjected, the CPT considers that there is a need to introduce greater transparency in the process of placing prisoners in .negatively strong. units and to review their placement. The Committee reiterates its recommendation that a decision to place a prisoner in a unit for "negatively strong" prisoners be reviewed at regular intervals. Further, prisoners should as far as possible have access to information concerning the reasons for their placement in a unit for "negatively strong" prisoners (it being understood that there might be reasonable justification for withholding from the prisoner specific details related to security) and should have the right to appeal to an outside authority (e.g. a court) against placement or extension of placement in such a unit.