SITUATION IN PENITENTIARY INSTITUTIONS desirable that members of the Special Preventive Group be entitled, based on a clear word of law, to photograph the physical surroundings because bad physical conditions in which prisoners are kept may sometimes amount to inhuman and degrading treatment. ±± Recommendations: To the Parliament QQ To amend the applicable law with a view of enabling members of the Special Preventive Group to photograph traces of injuries and the physical environment. To the Chief Prosecutor QQ To commence and carry out investigation, by itself, into each and every occurrence of ill-treatment against prisoners by employees of the Penitentiary Department; QQ In regard to legal qualification of ill-treatment, to open criminal cases not under Article 333 of the Criminal Code but under the provisions on torture and inhuman or degrading treatment. To the Minister of Corrections QQ To immediately notify the Prosecution Office about ill-treatment of prisoners by employees of the Penitentiary Department; QQ To move victims of ill-treatment to other penitentiary institutions and to ensure the safety of their persons; QQ To provide employees of the Penitentiary Department with advance training in use of force. DISCIPLINARY PUNISHMENTS AND DISCIPLINARY DETENTION QQ According to the European Prison Rules, disciplinary procedures shall be mechanisms of last resort.28 Whenever possible, prison authorities shall use mechanisms of restoration and mediation to resolve disputes with and among prisoners.29 The severity of any punishment shall be proportionate to the offence.30 Collective punishments and corporal punishment, punishment by placing in a dark cell, and all other forms of inhuman or degrading punishment are prohibited.31 Punishment shall not include a total prohibition on family contact.32 The information received from the Ministry of Corrections states that 4 prisoners challenged disciplinary measures they were ordered to. Three of these four complaints were rejected. The one remaining complaint is now being examined by a court. It is worth noting that prisoners normally do not appeal against the use of disciplinary measures in regard to them stating that such appeal would be of no avail. Pursuant to Article 88(2) of the Code of Imprisonment, convicted and remand prisoners committed to solitary confinement have no right to short and long-term visits, telephone communication and purchase of food products. 28 The European Prison Rules, Rule 56.1. 29 The European Prison Rules, Rule 56.2. 30 The European Prison Rules, Rule 60.2. 31 The European Prison Rules, Rule 60.3. 2013 Pursuant to information received from the Ministry of Corrections, in the period of 1 January – 31 December 2013, prisoners have been disciplined for various violations in 1,408 cases. Of these instances, 532 prisoners were subjected to solitary confinement. According to information obtained from the Ministry of Corrections, in 2013, only one prisoner was subjected to administrative detention, in the Penitentiary Institution No. 7 – a fact that may deserve positive evaluation compared to what was the practice in previous years. 32 The European Prison Rules, Rule 60.4. NPM Report 11