IX) Security
One prison locked convicts in the third permeable group of internal differentiation in excess of the eight hours of sleep time, using
this as a motivational and reformatory factor.
The Defender inquired into the problem of locking convicts in their
cells in excess of the eight hours of sleep time as part of the systematic visits to prisons in 2006, with the conclusion that a permanent extension of the set locking time constituted an incorrect
procedure because the director of a prison was authorised to
extend the set time only exceptionally and in justified cases. This
means that a convict may be locked e.g. after committing a disciplinary offence and may remain locked until a decision on the
offence is made, or convicts may be locked after extensive destruction of prison property, also until all
the perpetrators are given disciplinary punishments, or in the event of necessary repairs of the prison’s technical equipment, etc. Pursuant to Section 50 (2) of the Imprisonment Rules, lock-up of prisoners must follow from individual risk assessment and security reasons must demonstrably be present
in each convict, whereas its duration must be continuously monitored. 123
I informed the Director General of the Prison Service about questionable nature of the measure to lock-up prisoners in excess of
the eight hours of sleep time and the Director General agreed
with my opinion that lock-up of convicts in cells should not
be used as a motivational factor. 124 According to the Director
General, lock-up in excess of the eight hours of sleep time may be
extended on the basis of an individual risk assessment in relation
to the convict in question, or based on justification of the lock-up
procedure specified in the prison’s internal rules (in the sense of
Section 50 (2), second sentence, of the Imprisonment Rules). The
Director General also informed me that the General Directorate
of the Prison Service was coordinating preparatory work on an
amendment to the relevant Regulation of the Director General
stipulating the principles for processing and issuing internal rules
of remand prisons and internal rules of prisons for sentenced
offenders, which willrespond to these facts.
permanent
extension of
the lock-up time
constitutes a
wrong procedure
I recommend that the General Directorate of the Prison Service:
•• Provides an exhaustive list in the internal regulation (RDG 4/2011) to specify the sit-
uations in which the lock-up time in cells/bedrooms may be extended while taking
into account that the extension of the lock-up time must be based on individual risk
assessment and security reasons must demonstrably exist in relation to each convict;
this should be implemented by 30 June 2016.
123
Public Defender of Rights: Report on Visits to Facilities. Prisons. 2006, p. 18. The report is available online at http://www.ochrance.cz/
filead – min/user_upload/ochrana_osob/2006/Veznice_2006.pdf [retrieved on 26 October 2015].
124
Statement of the Director General of the Prison Service of 19 May 2015, Ref. No. VS 9/023/002/2015-50/0VVT/305.
/45/
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