‘One always looks for a compromise…’: Senior prison managers’ views of law, human rights and prisoner complaints in Germany

Abstract

German prison legislation is based on a fundamental rights approach but there has been little examination of how those who should be instantiating a culture of rights in penal regimes – prison staff – view such laws and rights. This question is of cross-national importance. Holding considerable power over people in custody, examining the ways in which prison staff see and act on obligations to protect these individuals provides useful insights into how a culture of human rights in detention exists, or otherwise. In this article, we seek to contribute to the literature on human rights in the context of punishment by examining how senior staff in German prisons view legal regulation, prisoners’ rights, and the mechanism designed to protect them: complaints. Drawing on 24 interviews conducted in four prisons across two Federal States, we find that the principle of resocialisation, considered to be a core feature of German prison law, is influential on prison managers. German prison legislation links this principle to prisoners’ rights, including the right to complain. Managers valued the law as a form of guidance though were more positive about legal regulation when it was used by them rather than against them or the prison system. Some saw legal precepts as useful ways of defending themselves against threats of litigation or blame. While the study finds that law is highly present in prison manager culture in Germany, the principle of resocialisation in prison management practice may have created a view of prisoners as people to be in need, rather than worthy of rights.