Rethinking Prison Overcrowding Across Europe: Insights from Gustav Tallving
Prison overcrowding is a challenge that transcends borders, affecting prison services, staff, and people in custody across Europe. To anticipate our upcoming Overcrowding Mapping Report, which explores how different countries are addressing this issue, we held an interview with EuroPris Executive Director Gustav Tallving, who offers a compelling perspective.
Gustav emphasises that simply adding more beds is not a solution. Overcrowding stems from systemic factors such as the overuse of pre-trial detention, punitive criminal justice responses, and much-needed improvement in coordination across the justice system. He highlights how prisons mirror societal issues, including drug use, migration pressures, and trauma, and why addressing these factors is essential for effective, humane interventions.
The interview also touches upon cross-national learning, showing how sharing best practices and contextualising approaches can help prison services improve outcomes without compromising human dignity. This conversation provides a glimpse into the insights shaping the forthcoming report — a resource designed to support prison administrations in tackling overcrowding thoughtfully, strategically, and collaboratively.
Pan-European Overview:
In your view, what are the most misunderstood aspects of prison overcrowding at the international level?
The most fundamental misunderstanding is the belief that overcrowding can be solved by simply creating more bed space. This turns prisons into storage facilities for human beings. It fails to address the structural causes of incarceration. Judges, prosecutors, and even the public often lack an understanding of what prison life is like. This lack of understanding contributes to the overuse of pre-trial detention based on vague criteria like risk of flight, lack of a permanent address, or a generalised recidivism risks.
In many jurisdictions, pre-trial detention is used recklessly, with little awareness of its impact on fair trial rights and human dignity. Pre-trial conditions are often poor, and the accused’s ability to mount a proper defence is undermined. Alternatives to detention exist but are underused due to lack of awareness or convenience. Courts and police benefit from this system because it allows them to maintain control and delay procedures, while prison services are burdened with indefinite custody under suboptimal conditions. In some countries, pre-trial detainees make up more than 50% of the total prison population.
How do EuroPris members’ approaches to overcrowding differ conceptually?
There is no unified European criminal justice system. Responses to overcrowding vary based on national legal frameworks, regional contexts, and even international influences. For example, Slovenia’s prison system is affected by migration routes and related legislation. Context is key.
Traditionally, prison services are the last link in the justice chain, passively accepting whoever is sent to them. This dynamic must be challenged. Prison administrations need to speak up and push back on unsustainable policies. This shift is beginning in countries like the Netherlands and England/Wales.
Overcrowding is a crisis that compels administrations to search everywhere for solutions: reducing inflow through diversion and alternatives to detention, managing existing populations with early releases or amnesties, and revisiting who should be in prison. Yet many systems still lack holistic thinking and try to fix the issue within their own isolated jurisdiction.
Prisons reflect societal dynamics. Countries would benefit from establishing a national imprisonment rate and using incarceration only for those who pose a genuine public safety risk. Sweden once agreed on 6–7,000 places as a reasonable level but is now targeting 27,000, driven by organised crime concerns. This shift illustrates a move from safety to punitive excess. Migration criminalisation is another contributing factor. Countries like Croatia and Cyprus imprison migrants or those accused of trafficking, many of whom are migrants themselves. In Cyprus, migrants without papers are detained due to the absence of migration centers, leading to extended imprisonment for administrative reasons.
Have you seen shifts in how overcrowding is framed – from a facility issue to a systemic one?
Yes. There’s a growing understanding that overcrowding is not merely about beds but about deeper systemic failures. A multi-layered approach is required. These include:
- Public and political debates about punishment and safety
- Institutional understanding within the criminal justice chain
- Legislative gaps and blind spots (e.g. courts unaware of detention alternatives)
Judges rarely visit prisons. When they do, they’re often shocked by the conditions. Increased exposure and shared understanding are critical. In Sweden, a forecasting system aligns projections across the justice sector—arrests, prosecutions, court hearings, and prison places. Such shared planning may avoid crisis-driven reactions.
The term “law enforcement” is problematic—it often excludes prison and probation. Yet these institutions also serve preventive functions and deserve to be recognised as part of the broader enforcement ecosystem. Mismatched expectations across institutions lead to ineffective outcomes and public mistrust.
The justice system must balance the needs of victims, suspects, and society. Discarded cases due to lack of resources harm victims’ rights. Similarly, offenders—many of whom are also victims of trauma—deserve humane treatment and dignity. Overcrowding exacerbates intra-prison violence and deprives individuals of rehabilitation opportunities.
What about rehabilitation vs punishment?
The penal system must move beyond a purely punitive model. Rehabilitation should be seen in its full social context. You cannot treat a person in prison only to release them into the same unstable environment. Programs must extend from prison into community reintegration.
The idea of rehabilitation must also evolve—from focusing solely on individual responsibility to including environmental and social determinants. Otherwise, even successful treatment programs will fail upon release. This approach calls for greater collaboration across sectors and recognition of the interconnectedness of criminal, social, and health issues.
Cross-national Learning:
What makes cross-national learning in prison reform successful
Europe provides a robust framework for cross-national learning and standards:
- European Prison Rules
- PCCP, Council of Penological Cooperation recommendations on sub-areas
- Case law from the European Court of Human Rights
- Commission on the Prevention of Torture
- SPACE statistics providing comparable data
- EuroPris as a facilitator of professional exchange
We already have a substantial body of soft law that defines standards. Cross-national learning is most effective when participants remain humble and respect each country’s history and “path dependencies.” These are institutional legacies that shape current capacity and policy. Implementation must be contextualised, not replicated wholesale.
What are the obstacles?
Local context is the biggest challenge. There’s also a rising trend of punitive criminal justice responses to social problems like drug use, migration, and mental illness. The dismantling of psychiatric institutions led many vulnerable individuals into prison due to inadequate community support. This medical-penal crossover is problematic and worsens prison conditions.
Monitoring and Evaluation:
Are there shared metrics or standards for overcrowding?
Yes, but they need to be strengthened. SPACE statistics are a useful starting point for building a shared understanding. Comparative tools must become more granular and include qualitative dimensions.
What is the role of EuroPris?
EuroPris is a non-political platform. We don’t advise or consult. Instead, we connect members with one another and share models based on human rights standards (EPR, CPT, ECHR). Our role is to facilitate and inspire – not dictate – practice improvement.
Strategic Role of EuroPris:
How does EuroPris frame overcrowding in its strategic agenda?
We don’t set topic-based priorities in our strategy. Instead, we remain responsive to members’ needs. Currently, our top issues are:
- Mental health, including drugs
- Overcrowding
- Staff recruitment and retention
- Organised crime
- Violence in prisons
All these areas are interrelated. We strive to address them holistically, supporting the creation of a community of knowledgeable and supported prison professionals.
How does EuroPris balance national autonomy and policy convergence?
We do not promote policy convergence. However, adherence to European human rights norms and prison standards creates a form of alignment. Our role is to facilitate access to good practices and relevant examples – not to tell members what to do.
Corrections and criminal justice will never be fully evidence-based due to their inherently moral and retributive aspects. Still, evidence-based practices can inform better outcomes. Like in medicine, international knowledge-sharing should guide national choices.
How does EuroPris coordinate with other national actors?
EuroPris is:
- A member organization (98% of European prison services)
- A professional association (supporting staff and their development)
- A network within the European criminal justice ecosystem
We collaborate with:
- Confederation of European Probation (probation services)
- European Forum for Restorative Justice (restorative practices)
- Penal Reform International (policy reform)
- UNODC (e.g. Ukraine crisis)
- International Corrections and Prisons Association (global practice network)
These partnerships are formalised and based on shared goals.
Reflections on the Overcrowding Mapping Project:
What insights could this research provide EuroPris and its members?
It offers solidarity—reassurance that others face similar challenges. It can highlight successful national strategies and produce a “toolbox” of actions. Mapping what works and where we can streamline crisis responses and avoid trial-and-error.
Any final thoughts?
Overcrowding is not an isolated phenomenon. It intersects with drug use, staff shortages, organised crime, and violence. Tackling it requires holistic diagnostics and coordinated action.
Prisons magnify societal problems – trans identities, addiction, trauma. Recognising this can push politicians to invest in preventive services. Prison services must embrace their role as expert institutions and communicate their knowledge to influence policy. EuroPris will support at its best in this mission.
Lastly, involving prisoners in this conversation and showcasing real prison life counters the objectification of offenders. It also builds public awareness and contributes to a more just and humane justice system.