IX) Security IX) Security I stated above that measures restricting the fundamental rights and freedoms of a convict must not infringe on the convict’s dignity, must pursue a legitimate goal and be suitable, necessary and proportionate to achieving that goal. Fundamental rights and freedoms of the imprisoned convicts are most commonly restricted by security measures (strip searches, locking the convicts in their cells, etc.). 1) Regime measures Section 28 of the Imprisonment Act stipulates the basic duties of a convict. Paragraph 1 of this section stipulates the duties that may take the form of “regime measures”: An imprisoned convict must comply with the established order and discipline, follow the instructions and orders of the employees of the Prison Service . . . and respect the principles of decent treatment in contact with other persons, and otherwise observe the internal regulations of the prison. It should be taken into account that imprisonment is by the deprivation of liberty a punishment in itself and therefore the regime for sentenced prisoners shall not aggravate the suffering inherent in imprisonment. 120 Paragraphs 3 and 5 of the EPR stipulate that restrictions placed on persons deprived of their liberty shall be the minimum necessary and proportionate to the legitimate objective for which they are imposed, and that life in prison shall approximate as closely as possible the positive aspects of life in the community. It is clear that complying with regime measures is, to some extent, necessary for achieving the purpose of imprisonment (complying with the daily time schedule, keeping order, observing the rules of decent behaviour). However, in some prisons I encountered regime measures that could not have pursued the purpose of imprisonment, or pursued it in a completely disproportionate manner. In one prison, these measures showed arbitrary elements on the part of the prison management and its individual employees. For example, in one prison the convicts were required to wear a bag (a part of their equipment) always on the right side, and march in rows with specifically determined spacing when moving to a different place. I did not accept the prison’s claim that this was a measure ensuring discipline and order. I do not believe that requiring the convicts to move in a military-like formation and wear their bags always on the right side will in any way serve to re-educate the convicts nor that it constitutes a proportionate measure to ensure security in the prison. As a side note, the same prison prohibited the convicts from doing exercises during their statutory time outside. In another prison, I encountered a disproportionately early waking-up time, where convicts placed in a medium security block (unemployed convicts, convicts in the admission block or the release block) had to get up at 4 a.m. on working days (and at 5:40 a.m. on weekends), although there was no reason for that. According to the convicts and the prison employees, the early waking-up time had been introduced a long time ago for organisational reasons. If early waking-up time is justified (e.g. by the convict’s employment), such practice is acceptable. However, if early waking-up time is applied generally 120 EPR, par. 102.2. /42/