fundamental and human rights �.� national preventive mechanism against torture The Deputy-Ombudsman considered it necessary to inspect the operability of the car’s alarm and other technical devices regularly, preferably after every transport. The cleanliness of the cell and, for example, the condition of the mattresses also requires better care. The Deputy-Ombudsman exhorted the Criminal Sanctions Agency to investigate whether anything could be done about the heat in the cells. The need to clean the ventilation ducts should also be determined. The Criminal Sanctions Agency reported that, in the future, the operability of the toilet and guard call buttons would be checked on a regular basis. The Railway Company (VR) had contacted the company responsible for cleaning the prisoner car in order to improve the level of cleanliness. The walls were cleaned as an immediate measure. VR notified the Ombudsman that it would replace the mattresses in the prisoner cars and have the ventilation ducts cleaned on a regular basis. Other measures for alleviating the heat were also being looked into. Non-smoking prisoners should not be placed in the same cell with smokers against their will. The prisoners’ must be asked about their opinion in this. One of the targets set in the Criminal Sanctions Agency’s strategy is making the Criminal Sanctions Agency smoke-free by 2020. According to the Criminal Sanctions Agency, the conditions of the prisoner car will also be taken into account in this project. The Deputy-Ombudsman suggested that the Agency should review the quality and quantity of the prisoners’ packed lunch for the trip. Particular attention should be paid to the needs of prisoners whose health requires the observance of a special diet (such as diabetics). The Criminal Sanctions Agency reported that an overall reform of catering was being planned, and the issues noted in the NPM report would be taken into account in it. The contents of the packed lunches will be updated, and the new lunches will be available from the start of 2020. The Deputy-Ombudsman did not approve of the use of the prisoner transport car to carry prisoners with conditions that require special health monitoring and involve the risk of a seizure. Assessing the health risk of prisoners is not the duty of the guards responsible for the transport, but belongs to health care professionals. Consideration of prisoners in need of special support The prison is not always aware of prisoners’ disabilities or conditions impairing their ability to function, such as minor intellectual disabilities or autistic disorders such as Asperger’s or ADHD, if this information is not provided by the prisoners themselves. However, such information and the ways in which the disabilities or disorders affect the lives of the prisoners are crucial for setting the prisoner’s targets in the sentence plan and defining the methods for achieving such targets. The investigators were unable to determine to what extent Health Care Services for Prisoners is involved in drawing up and monitoring the sentence plans of prisoners in need of special support (5322/2018). The cell for disabled prisoners was located in the unit for new arrivals. There were no common recreational areas in the unit, and the cell doors were kept closed. All prisoners placed in the unit’s cells – including the prisoner in the cell for the disabled – had their meals in their cells. The possibility for daily outdoor exercise was provided in the unit. The Deputy-Ombudsman noted that, since the cell for disabled prisoners was located in the arrivals unit, this meant that, in practice, prisoners with impaired mobility had to be placed in a closed unit even if they would otherwise have been eligible for placement in an open unit. This practice for the placement of prisoners with impaired mobility was not in compliance with the Imprisonment Act (5322/2018). 91

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