by an official of the Prison Police against a convicted person. Such an event
was described by several convicts, and in order to check the information regarding the received injuries, the NPM team inspected the medical record of
the convicted person where the injuries were indeed noted. Another reason for
the injuries was stated in the medical documentation. However, the NPM team
also received information that convicts are often not allowed to have discretion
in the contact with the doctor-psychiatrist, because the medical examination is
attended by an official from the Security Department.
In this respect, the NPM team strongly condemns the physical violence against convicts and especially stressed the need for medical examinations of convicts to be carried
out without the presence of officials from the Prison Police, except in exceptional situations when it is explicitly required by the doctor or in conditions of high security risk.
3.2.5. Complaints system
There are special forms in the Prison for submitting requests for exercising the right,
legal interest or filing a complaint, as well as for submitting an appeal to the notification
upon the submitted request for exercising the right, legal interest or filed complaint. The
forms themselves explain the procedure for filing and deciding.
The general conclusion is that the convicted persons are familiar with their rights and
complaints, that is the appeals usually refer to the “alleged” non-compliance with their
rights to use the benefits.
There is no lawyer in the Prison, but the head of the Department of Socialization
pointed out that at any time he provides information and legal assistance to convicts
regarding the use of legal remedies and taking action to protect their rights. The illiterate convicts are allowed to give the legal remedy or other submission for the institution’s
minutes. This category of prisoners is assisted by educators or other convicts in compiling
the written submission. However, the NPM team noted that the long experience of some
of the employees and their consent (at any time) to help convicts in compiling appropriate
legal acts is by no means a systemic solution.
Convicts often exercise the right to an oral complaint to the director of the institution
or to a person authorized by him for a violated right. Oral complaints in most cases relate
to the provision of benefits, the use of free days and free visits, as well as the need for
healthcare (general and dental). The institution keeps records of all questions that are
written manually, on non-standardized forms, in ordinary notebooks. With the introduction
of electronic records in the day-to-day operation of the Institution, some of the shortcomings noted during the visit will be overcome.
In this respect, the need for more frequent use of special forms for submitting requests for exercising the right, legal interest or filing a complaint or for filing an appeal to
the notification upon the submitted request for exercising the right, legal interest or filed
complaint for greater formality was pointed out and also the possibility of following the
procedure was emphasized.
www. ombudsman.mk
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