investigative procedure. With regard to performance evaluations of prisoners, it was
established that around 60% of prisoners serving a prison sentence in that penitentiary were
evaluated as satisfactory (the lowest positive grade), which leaves the impression that the
method of evaluation is "strict", because such a situation is not supported by the data from
auxiliary records kept by the judicial police and data from the prisoners' personal files. The
head of the prison agreed with the assessment concerning the stringency of performance
evaluations and received a recommendation to pay special attention to this matter in the
future. After this, no further complaints were received from that penitentiary regarding
performance evaluations, from which it may be concluded that the evaluation criteria were
adjusted.
In accordance with our legal powers, no actions are taken in cases where judicial proceedings
are ongoing, except if it is apparent that the proceedings in question are being unnecessarily
delayed or that powers are manifestly abused. The significance of expedient and efficient
judicial proceedings arises, inter alia, from the fact that its duration may sometimes limit a
prisoner in exercising his/her rights or benefits. For example, according to the Central Office's
view, persons serving a prison sentence before the sentence becomes final may not use
benefits of leave. In such cases, the expedient receipt of the final sentence is of great
importance for the person serving a prison sentence.
Protection of persons with mental disorders
In the course of 2013 we have taken actions on individual complaints from persons with
mental disorders, their families and civil society organisations concerning the manner of
accommodation and treatment of persons with mental disorders in psychiatric institutions and
treatment of persons in social care homes, by examining the legality of actions of the
competent bodies. In doing so, taking into account independence of the judiciary and integrity
of the medical profession, we are neither commenting court proceedings nor the contents of
psychiatric diagnoses, but observe events and procedures as a whole, from the perspective of
the protection of human rights of persons with mental disorders. As previously mentioned, the
Ombudswoman may take actions towards the courts only in cases where it is apparent that the
proceedings in question are being unnecessarily delayed or that powers are manifestly abused,
which has not been established in any specific cases during 2013.
After investigative procedures conducted on the basis of citizens' complaints,
recommendations were submitted to the Ministry of Health and the Ministry of Justice, whose
aim was to strengthen control mechanisms for the prevention of human rights' violations of
persons with mental disorders.
Namely, in the investigative procedure following one of the complaints, it was established
that, as the psychiatric institution in question does not have a high security unit in which the
measure of involuntary medical treatment should be performed, it used that fact as one of the
reasons for the use of means of physical restraint (magnetic belts on both wrists) during
administration of psychopharmacological therapy.