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placement in residential buildings and wards are decided by the director. Groups of
detainees subject to pre-trial detention should be arranged in a manner preventing the
exchange of information between detainees from different groups. Detainees under pre-trial
detention which are supposed to be separated from each other cannot be allocated to the
same group. While being outside the residential cell, detainees cannot have any possibility
of making contact with people allocated to another group.
14.
Detainees under pre-trial detention, convicted persons and persons convicted for
misdemeanours may be released to take part in procedural activities at the request of
judicial and public prosecutor’s bodies for the purposes of criminal matters where pre-trial
detention was not ordered and civil matters.
15.
It should be pointed out that point 39 concerning the division of convicted persons
into categories in line with the Nelson Mandela Rules is reflected in national regulations, in
particular in the Ordinance of the Minister of Justice of 21 December 2016 on the
organisational and order rules for the execution of detention penalty (Journal of Laws of 29
December 2016), in particular the provisions of chapter 3 concerning the placement of
convicted persons. The provisions of the rules apply to persons subject to imprisonment,
persons subject to custody for a misdemeanour or penalty for a breach of order, as well as
to persons made subject to coercive measures resulting in the deprivation of liberty.
Pursuant to § 10 of the rules, the convicted persons are placed in residential cells, taking
into account their sex, age and previous convictions or military detention penalty. To
persons subject to pre-trial detention the Ordinance of the Minister of Justice of 22
December on the organisational and order rules for pre-trial detention enforcement applies.
The above ordinances are also related to recommendation No. 106 and 107.
Staff-related issues
16.
Regarding para. 43 of the report, taking actions aimed at increasing the
remuneration of officers and staff of the Prison Service led to pay rises in the recent years.
However, taking into consideration the specificity of the service in the Prison Service and
the conditions of service that are incompatible with the conditions of employment offered
outside the Service, both financially, and psychologically and socially, the Prison Service
experiences issues with recruiting adequate candidates.
17.
Another problem is a high number of resignations from the Prison Service; for
instance, in 2017 1,478 officers handed in resignations, in 2018 the respective number was
1,689, and in 2019, by 30 September 2019 – it was 1,540 officers.
18.
Taking into account the specificity and the conditions of the service, high
requirements related to physical and mental fitness, as well as disproportionately low,
according to candidates, remuneration given the conditions and difficulties of the service,
the Prison Service experiences issues in recruiting candidates. Even in case of positive
completion of the qualification procedure and the admission to the Prison Service of
candidates who were approved by medical committees of the Ministry of the Interior and
Administration, a great number of officers who started service resign soon and leave the
service due to the conditions of the service, psychological burden, lack of satisfactory
earnings or the negative social perception of the service.
B.
Workshops for judges and public prosecutors
19.
The National School of Judiciary and Public Prosecution puts significant emphasis
on awareness-raising activities in the area of human rights, targeted at judges, public
prosecutors and other employees of the judiciary. The schedule of workshops of the
National School of Judiciary and Public Prosecution for 2020 includes a number of
workshops on substantive and procedural law focused on the implementation of the
European Convention for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment and the Optional Protocol to the Convention. Substantive coordinators of
specific workshops, representing the School, will ask trainers to draw the attention of
judges, public prosecutors, trainee judges and trainee public prosecutors, judicial clerks
(referendaries), judge assistants and public prosecutor assistants to the provisions of the
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