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Certain institutions have shown some progress with engaging the prisoners in work, which
should be done throughout the entire prison system.
The process of classifying the convicts is insufficiently transparent. The convicts are not being
sufficiently familiarized with the criteria for improvements, the tutors are mainly dealing with
administration of questionnaires. The mechanism of improvements regarding the treatment
against the current criteria, involves the harder transfer of convicts to more favourable tutorial
groups, so that many convicts are being released from prison from the same tutorial group to
which they were classified immediately upon their admission to prison.
The prison capacities designated for minors and women are the central (exclusive) institutions
accommodating 200 persons each. Strong informal systems are being created there, particularly those designated for minors, which makes the adequate treatment impossible. In such
central institutions, the problem is that certain prisoners are kept very far from their residence,
which considerably obstructs their contacts with families.
During 2016, NPM also dealt with the position of transgender persons deprived of their liberty. The competent authorities were recommended to, upon admission of trans gender persons to the institution, enable them select whether their personal search would be performed
only by the officer of a certain gender or whether the combined search and examination will
be conducted, whether the officers are to address the trans gender persons in the gender
these persons feel they belong to, unless otherwise requested by these persons, as well as
to have appropriate training for the staff about the way in which the lesbians, gays, bisexual,
transgender and intersex prisoners should be treated.
Special attention should be paid to the deprivation of liberty and treatment of persons placed
in social welfare institutions – homes. The improvements primarily need to be made to regulations so as to regulate the issue of restricting the rights of persons placed in home social institutions, particularly their forced apprehension and keeping, including their physical restraint.
The conclusion of NPM is that among the persons deprived of their liberty, the persons having
mental disorders are in the worst position, whether they be placed in social welfare institutions – homes, psychiatric hospitals or in institutions for enforcement of criminal sanctions.3
There are numerous acts in which NPM stated that persons with severe mental disorders
should not be placed under regular prison regime. Moreover NPM points out that persons
suffering from serious mental disorders who committed an offence containing the elements
of criminal act, who do not pose particular threat upon the society, should not be processed
based on the Criminal Procedure Code, but rather be kept and placed in a psychiatric institution, pursuant to the Law on Protection of Persons with Mental Disorders. It is unacceptable to
keep persons having serious mental disorders in custody due to the threats shared over social
networks or to keep the persons on the security measure of compulsory medical treatment
and care at the health care institution over ten years, due a bicycle theft.
NPM believes that the practice of keeping the persons with mental and/or intellectual disorders at residential institutions (psychiatric hospitals and social welfare institutions – homes)
3
Persons serving measures of compulsory psychiatric treatment and stay in health care institutions, detention and
prison sentences.
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