2.3.2. A practice that equates to ill-treatment
2.3.2.1. Existing regime and restrictions in high risk and closed type penitentiary facilities as illtreatment
As in previous years, the management of high risk and closed establishments is based on the principles
of static security, which imposes the strictest limitations, prohibitions, regime and is not focused on a
positive change in the behavior of convicts.50 In addition, in the absence of proper multidisciplinary work
in these establishments, isolation of prisoners and placement in a de-escalation room are actively used,
which is discussed in the relevant sub-chapter below.
Inmates in closed and high risk penitentiary facilities are kept in a cell for 23 hours without any activities
of interest to them, and only for 1 hour in walking yards, meager infrastructure of which does not allow
for the leisure and recreation of prisoners.51 Convicts who have been identified having a high risk of
danger are more likely to have limited contact with the outside world by law. Restrictions on physical
contact with the outside world as a result of the imposition of special conditions have had an even greater
impact on prisoners placed in special risk facilities. It is unfortunate that during the period of special
conditions, when meetins were restricted, the ban to use the telephones and personal correspondence
in the form of disciplinary sanctions was still used in penitentiary facilities in certain cases.
A significant proportion of inmates in penitentiary establishments suffer from psychological problems and
regularly receive psychotropic medications. Consequently, the restrictive regime in the facility and the
restriction of contact with the outside world aggravate their mental state. The existing restrictive
environment leads to aggression on the part of prisoners towards both staff and other prisoners and
creates a violent environment, followed by protests by prisoners in the form of starvation and self-harm
and the use of security measures by the administration.
Facility staff perceive hunger and self-harm by inmates as a deliberate attempt by inmates to complicate
their working conditions. For example, according to the employees of the N6 establishment, there are
frequent cases of abuse of employees by prisoners. They say that prisoners transfer aggression to
employees, try to complicate their work and create tension. It is noteworthy that according to the
information sent to the investigative body from the Establishment N6, from January 1, 2020 to December
18, 2020, there were 7 alleged cases of physical confrontation, of which 3 were conflicts between inmates
and 4 between inmates and personnel.
According to the Special Preventive Group, the current practice of limiting the communication of
prisoners in closed (N2 and N8) and special risk (N3 and N6) penitentiary establishments and the lack of
"Regulations of ordinary prisons should be extended as much as possible to the special risk facility. Security measures
in prisons of exceptional risk should be applied only to the extent necessary" Council of Europe, Committee of Ministers,
Committee of Ministers Recommendation (82) at the 350th Meeting of Deputy Ministers, available in English at:
https://bit.ly/39DLlFD , [last visited: 31.01.2021].
51 These yards are cell-type rooms with a wall enclosed on all four sides and metal lattices with open ceilings. Exercise
equipment is minimally present in the yards.
50
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