about the separation of a prisoner from other prisoners can be extended for another 30 days by the
director’s decision.
Under the statutes of closed-type prison facilities,71 an establishment’s director based on a prisoner’s
application, a report of the officer of legal regime/security unit of the establishment or his/her own
motion, provided there are relevant grounds present, takes a decision about placing a prisoner
separately for no more than 90 days. The decision about the separation of a prisoner from other
prisoners can be extended more than once, each time for no more than 90 days until the grounds under
the statute are exhausted.
Under the statutes of special-risk prison facilities,72 an establishment’s director, based on a prisoner’s
application or his/her own motion takes a decision about placing a prisoner separately for no more than
30 days. In case of necessity, the decision about the separation of a prisoner from other prisoners can
be extended for a reasonable time until the respective threat is resolved.
The analysis of the above provisions shows that directors of penitentiary establishments have the
discretion to place prisoners on their own motion separately for an indefinite time and limit their
contact with other prisoners. This could amount to inhuman and degrading treatment.
Directors of semi-open penitentiary establishments can place a prisoner separately on their own motion
for a reasonable time; directors of closed-type establishments have the power to extend on their own
motion the duration of separation more than once, each time no more than for 90 days until the grounds
under the establishment statute are exhausted; special-risk establishment directors can extend the
duration of separation for a reasonable time until the respective threats are resolved.
The inspection of penitentiary establishments shows that the measure of placing prisoners separately
is actively used in practice. According to letter no. 159934/01 of the Special Penitentiary Service, dated
30 May 2019, as of 30 May 2019, 19 prisoners were placed separately in penitentiary establishment no.
3; 109 prisoners in penitentiary establishment no. 6; 8 prisoners in penitentiary establishment no. 7; 24
prisoners in penitentiary establishment no. 8; and 8 prisoners in penitentiary establishment no. 9.
According to the same letter, some of these prisoners have been separated from other prisoners for
years. For instance, since 2018, 13 prisoners have been placed separately in penitentiary establishment
no. 3. In penitentiary establishment no. 6, 4 prisoners have been placed separately since 2014; 4
prisoners have been placed separately since 2015; 4 prisoners have been placed separately since 2016;
5 prisoners have been placed separately since 2017, and 44 prisoners have been placed separately since
2018. In penitentiary establishment no. 7, 1 prisoner has been placed separately since 2005; and 5
prisoners have been placed separately since 2018. In penitentiary establishment no. 8, 2 prisoners have
been placed separately since 2013; 1 prisoner has been placed separately since 2014; 1 prisoner has been
71
72
Penitentiary establishments nos. 2, 8 and 9.
Penitentiary establishments nos. 3, 6 and 7.
33
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