who have information about the event that is the subject of the procedure, and also the
hearing of the person and other persons is performed, for which a report is compiled accordingly, which, depending on the outcome, contains opinions, that is, a proposal to the
director from the educator, the psychologist, the member of the prison police (as well as
from the doctor in cases when a disciplinary sanction - solitary confinement is proposed),
regarding the need and type of disciplinary punishment to be imposed.
Those who serve a sentence of juvenile imprisonment, as well as those who are referred to an educational measure - referral to an educational-correctional facility, are given
a copy of the decision on the imposed disciplinary measure. Although the decisions include
a lesson on the possibility of taking legal action against such a decision, so far there has
been no case for anyone to do so. From the conversation with the children who were pronounced disciplinary measures, it was stated that none of them intended to appeal the decision on the disciplinary action to the Directorate for Execution of Sanctions, primarily due
to the lack of confidence that it could change the already established disciplinary sanction.
From the inspection of the records for imposed disciplinary penalties, it was concluded that in 2019 a total of 8 disciplinary penalties were imposed, of which: 5 disciplinary
penalties - solitary confinement lasting 10 days, 2 disciplinary penalties - solitary confinement lasting 5 days and one conditional postponement of the disciplinary sanction of
solitary confinement for 5 days. From the register for imposed disciplinary penalties it can
be concluded that the children who were sent to serve a disciplinary punishment - solitary
confinement have already been pronounced such measures several times before.
If we take into account the standards of the European Committee for the Prevention of Torture (CPT) which stipulate that solitary confinement as a disciplinary measure
should be imposed only for a short time and under no circumstances more than 3 days,
it is indisputable that the imposition and execution of disciplinary sanctions solitary confinement for a period of 5 and 10 days for children serving a juvenile
imprisonment is contrary to the established standards.
In this regard, the NPM recommended that when conducting disciplinary proceedings
and imposing disciplinary sanctions, special attention be paid to the provisions of the Law
on Execution of Sanctions, which provide that “It is not allowed to apply a special measure
to maintain order and discipline – solitary confinement to children”. The recommendation
contained in the Istanbul Statement on the use and effects of solitary confinement, which
stipulates that solitary confinement should be strictly prohibited in cases involving children
under 18 years of age, was also noted.
During the inspection of the book on disciplinary penalties, the fact that in 2019 one
and the same child was sent 3-4 times to serve a disciplinary sanction solitary confinement, in very short time intervals, is striking. Namely, due to causing “general danger and destruction of inventory with intent”, the child was first sent to
serve a disciplinary punishment solitary confinement for 10 days in the period from 14 to
24.02.2019. After only 4 days, the child was again sent to serve a disciplinary punishment
solitary confinement for 10 days in the period from 28.02.2019 to 08.03.2019, and due
to attempted escape the same child was sent to solitary confinement for another 10 days
also in the period from 23.03 .2019 until 02.04.2019. Due to self-harm, which by the way
in the House Rules is not provided as a disciplinary violation, this child was again referred
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