PROTECTION OF PROPERTY (OPINION)
§12 In the case of emergency hospitalisations, the administration
must have the prisoner sent the items he/she needs for the hospital
stay as must be indicated in advance by the hospital (according to a list
that should be included in the facility's internal regulations); measures
must be taken to protect property remaining in the cell (for example,
in the form of an inventory not in the presence of both parties, but in
protected packaging, in the locker room). The same applies when the
cell the prisoner occupied is not retained for his/her return.
§13 Prisoner queries issued in the case of loss, destruction or damage
to property in connection with a transfer are the sole responsibility of
the dispatching facility (possibly with the help of the receiving facility).
As an exception, if the transfers are made by the penitentiary
administration's National Transport Service (SNT), it shall be this
service's responsibility.
§14 Loss, destruction or permanent damage of property should
result in a simple and fast compensation procedure at the current
value on the date of the event, established by any means, in particular
by using the joint inventory prepared prior to the move (therefore
without a requirement for proof of purchase, which are often
impossible to produce). This compensation is paid by the penitentiary
administration (unless proof is established that the loss was sustained
through a cause for which it is not responsible and except for property
entrusted to a private company for care or transportation) within the
possible limits of a maximum flat-rate sum that should, however, cover
the vast majority of situations.
§15 In the future, a study should be conducted regarding the
possibility of substituting washable baggage or cases made of
resistant and material (without key lock but with "seals") for the
boxes currently in use. However, baggage of this type (and possibly
assistance in their transport) should be brought into service from now
on for the recovery by family members of personal belongings of
prisoners who have died in custody.
In addition, thought should be given to renewing the data concerning
the problem of transporting the property of transferred prisoners.
Currently assigned to various departments or private transports, it
could be assigned exclusively to an extended national transport
service, including at least prisons that are indeed major prisoner
orientation centres and central prisons.
45
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents