ANNUAL REPORT 2019-OMBUDSMANNATIONAL PREVENTIVE MECHANISM
have been forwarded to the immediate superior and the director, and on their part the use
of coercive means has been assessed as justified. Also, in cases when means of coercion
are used, the Penitentiary-Correctional Institution submits a notification to the Directorate
for Execution of Sanctions.
Officials said the binding did not apply to sick, elderly, frail, disabled or pregnant
women.
During the escorts, it was concluded that the tying of persons is almost
always done “by default”, as a security measure which is stated in the order
for official escort and security, due to which it is recommended not to use tying means during the escorts routinely in all cases, but such means to be used
exclusively on the basis of a previously performed individual risk assessment
and the need to use tying means - handcuffs.
During 2018, coercive means were also used in 6 cases, of which in 4 cases convicts
were separated, while in 2 cases tying means - handcuffs were used. From the inspection
of the records for the used means of coercion, it was concluded that in only one of the
cases the means of using coercion was assessed as unjustified. It is about the use of tying means - handcuffs on one of the convicts serving a prison sentence in the Institution.
From the conversations with the officials from the Institution, the NPM team was informed
that in order to reduce the risk of possible pressure against the person against whom the
means of coercion were used, during the distribution of work tasks to the members of the
Prison Police, care should be taken that the contacts between the official and the specific
convicted person should be kept to a minimum, and also the NPM team was informed that
regarding the specific occurrence, inspectors from the Ministry of Interior, after examining
the case, initiated an appropriate court procedure.
3.1.5. Complaints system
During the visit, it was concluded that the Institution has special forms for submitting
requests for exercising the right, legal interest or filing a complaint, as well as for filing 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 a complaint
and deciding thereupon. Such forms were placed on the bulletin boards in each of the
special units within the Prison.
However, from the conversation with the convicts it was concluded that they were
placed shortly before the visit by the NPM team, and some of the convicts were not even
familiar with their content.
For those who are illiterate, the officials pointed out that there is a lawyer in the Institution who helps them if they want to submit this type or any other type of a request for
exercising their right, legal interest or to file a complaint. From the conversation with the
officials, it was also concluded that they are really newly developed forms and that special
records are kept for such requests, that is complaints, but that so far no request has been
submitted in such a form.
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