criminal sanctions
•
The security camera had a direct view of the toilet seat in the isolation cell.
The Deputy-Ombudsman stated that it is not acceptable, even in situations where the camera surveillance of a prisoner is legal, to subject
a person to surveillance while using the toilet. This is acceptable only
when a prisoner is placed in isolation under observation, or in other
words, when there is reason to suspect that the prisoner has prohibited substances or items in his body. In these cases, the aim must be
to allow at least some privacy when the prisoner is using the toilet. In
many prisons, the security camera view of the toilet seat is blurred to
allow privacy. The Deputy-Ombudsman recommended that the prison
impose similar restrictions in their camera surveillance practices.
Segregated accommodation
at the prisoner’s own request
•
The prison had made no documented decisions on a prisoner’s segregation on their
own request, although it became apparent that prisoners had been placed in the isolation cell of their own will. The placements had lasted a maximum of four days.
The Deputy-Ombudsman stated that, under the Prison Sentences Act
and the Remand Imprisonment Act, a prisoner must be given the opportunity to live entirely or partially in segregation from other prisoners, if he or she has a well-founded reason to believe his or her personal safety is otherwise at risk. The rights of the prisoner may not be
restricted any more than what inevitably follows from segregation.
However, the law does not recognise isolation that takes place at a
person’s own request. The Deputy-Ombudsman noted that the due
decisions had not been made in the prison to keep prisoners of different status separate. The Deputy-Ombudsman emphasised that the
isolation unit was not intended for long-term accommodation and
that segregation at the prisoner’s own request did not mean that the
prisoner may be placed in an isolation unit.
Temporary cells
A temporary cell is intended only for the short-term accommodation of prisoners
arriving in or departing a prison. Temporary cells are also used on overnight trips to
court proceedings or during transfer to another prison.
•
The prison had three cells for temporary accommodation (so-called “travelling
cells”) with 4–6 beds in each. These cells appeared quite small, considering the number of beds, and did not comply with the regulations laid down by the Central Administration Unit of the Criminal Sanctions Agency (5.5 square metres per individual). According to the regulations, temporary cells are not considered as accommodation spaces and they may not be used for permanent accommodation. In reality,
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