Report on the Performance of Activities of the National Preventive Mechanism for 2015
solitary confinement as a disciplinary measure are generally performed in the same rooms and
in the same way. In that context, the EPSA explicitly regulates that in cases where several
disciplinary measures of solitary confinement are pronounced for the same prisoners, for which
the longest duration is 21 days, the interval between enforcement of those measures cannot
be shorter than eight days. This limitation is not prescribed for the measure of isolation from
other inmates, which can last up to 30 days. Similarly, during implementation of disciplinary
measure of solitary confinement, medical supervision is obligatory once every 24 hours, while
in the case of solitary confinement as a special measure, which can last for up to three months,
medical supervision is obligatory twice a week. It is prescribed that the measure of isolation is
to be enforced under medical supervision too, but the frequency of such supervision is not
prescribed.
The ECHR has not taken the position in its case law with regard to the time after which isolation
from joint serving of prison sentence represents a violation of Art. 3 of the European
Convention on Human Rights. Contrary to that, the UN Special Rapporteur on Torture suggests
that all forms of isolation lasting longer than 15 days be abolished, seeing that numerous
studies indicate that it can cause irreversible harmful consequences for one’s health. This is
further confirmed by The Istanbul Statement on the Use and Effects of Solitary Confinement of
2007. It is without a doubt that in the drafting of the new EPSA, it will be necessary to take into
account the international standards in this field.
Treatment by judicial police officers and investigation of allegations of mistreatment
Most judicial police officers perform their jobs very professionally, which has been confirmed
by many prisoners who said that it was precisely the judicial police officers who they would turn
to in case of any problem. In that context, it is necessary to keep in mind that they work in very
difficult conditions, and due to budget limitations, they have not been sent to their prescribed
medical examinations since 2010, although they are obligated to have such examinations done
every two years.
Failure to perform these examinations, which include among
other things a psychiatric examination aimed at determining
the psychological status (impulsiveness, aggressiveness,
resourcefulness in unexpected and frustrating situations, with
special attention paid to anti-social and latent sadistic
characteristics) and general psychological examination
(determining general and special cognitive skills, assessment
of personality traits with special emphasis on emotional
stability), cannot only create difficulties for persons who work
in security-related jobs, but can have a negative impact on
their treatment of persons deprived of liberty.
Most judicial police officers
perform their jobs very
professionally, which has
been confirmed by many
prisoners who said that it
was precisely the judicial
police officers who they
would turn to in case of any
problem.
Extremely worrying are prisoners’ allegations of having been hit by judicial police officers, all
the more so because such allegations often go uninvestigated, and the assessment of legality
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