The most severe disciplinary sanctions involving solitary confinement shall only be
imposed for the gravest violations or for repetitive lighter violations; actions challenging
orders for imposing the most severe sanction shall suspend execution. A medical expert
shall visit inmates in solitary confinement every working day to guarantee better
supervision of their health condition. The minimum standard shall apply to minors: they
may remain in solitary confinement for a maximum of 72 hours;
Medical files shall be kept for all inmates containing all relevant health status
information about inmates;
Changes regarding early release are made to ensure that people deprived of their liberty
have recourse to an independent and impartial tribunal to rule on their early release.
Tribunals shall study all data about the inmate’s conduct in prison to decide whether
s/he has reformed and whether s/he needs to serve the rest of the sentence;
The above shall also apply to inmates serving life imprisonment as regards access to
justice. Tribunals shall judge on their achievements in the course of serving their terms
and revise their life imprisonment sentences to lesser terms where appropriate.
However, issues brought up persistently by the NPM such as medical service and occupational
activities in places of detention have been left out.
Employment in places of detention is not covered by the national occupational or social security
regulations. People deprived of their liberty work without individual labour contracts and are not
entitled to retirement benefits.
Likewise medical service in the places of detention is not covered by the national healthcare
system. Healthcare establishments are supervised by the minister of justice. Supervision of
medical service by non-medical authorities prevents the required integration and compatibility
with the standards set forth in the national healthcare system.
In relation to the medical service, the NPM proposed to the Ministry of Justice a concept for a
reform in the provision of medical care in places of detention. A working group on medical
issues in places of detention is envisaged to be set up. In 2016 the NPM will continue
monitoring action taken toward a genuine reform of the medical service in places of detention.
A number of problems persist, the major one being insufficient medical expert resources:
physicians, auxiliary personnel and nurses.
Other problems concern formal medical examinations; failure to register trauma related to
violence; non-confidentiality of the medical examination (security officer attends the
examination); using inmates as hospital attendants thus allowing for access to medical records
and medication; administering medication by non-medical personnel; poor equipment of the
healthcare establishments; incomplete medical records of persons deprived of their liberty etc.
The identified problems concern poor organisation of the medical service in places of detention.
In general, the health care system in places of detention is a “closed” one – self-regulating,
understaffed, with poor material and technical equipment, which obstructs its functioning. The
staff reform in the penitentiary system has reduced the number of medical staff. Medical
experts are overworked. Dental care is either entirely missing or financially unaccessible for
inmates. The regulation currently in force regardingmedical service for people deprived of their
liberty is not applicable in practice. Changes are required to allow that people deprived of their
27
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents