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).
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