what type and concept are contemplated for these new, small-sized establishments and how they would
ensure the environment necessary for the prisoners’ rehabilitation/resocialisation.
The action plan does not address the problem of visitation infrastructure either; there is no reference
to arranging the necessary infrastructure for either video visits or long-term visits in all penitentiary
establishments.
The Public Defender hopes that the recommendations made by the Public Defender in relation to the
infrastructure will be fully integrated into the construction concept of the new small-sized penitentiary
establishments.
Risk Assessment
One of the activities was the revision of the risk assessment mechanism in the penitentiary system. It
is noteworthy that, in May 2019, the penitentiary system started using the new instrument of risk
assessment and needs assessment for adult convicts.
The new procedure approved by the Justice Minister does not follow the Public Defender’s
recommendation regarding the introduction of legal safeguards for a convicted person in the risk
assessment procedure, namely:
The new procedure does not lay down any obligation of the penitentiary authorities to inform
convicted persons about the risk assessment criteria or procedures during placement in the
establishment or immediately before the initiation of the risk assessment procedure; and
In the risk assessment procedure, the new procedure does not safeguard a convicted person’s
right to present his position and viewpoints about the circumstances based on which risk is
being determined (according to the new procedure, it is within the discretionary power of the
team to interview a convicted person before reaching its decision about the risk assessment).
Similarly, the plan does not reflect the Public Defender’s recommendations about the Inspectorate
General carrying out supervision over transfers to other establishments for pre-term risk reassessment
and security reasons.
Contact with the Outside World
The action plan provides for setting up a working group and developing a plan for creating a friendly
and supportive environment within a family in cooperation with respective NGOs. It is important to
incorporate the Public Defender’s recommendations when elaborating the plan, namely, the following:
to take into account the place of residence when accommodating a prisoner; to organise short-term
visits without glass barriers; to arrange long-term and video visit infrastructure in all penitentiary
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