The Public Defender welcomes installation of a scanner at establishment no. 5 and amendment of the statute of penitentiary establishment no. 5 to the effect of providing remand/
convicted persons with the right to undergo full body search with a scanner.
The Public Defender observes that the regulations under the statutes of penitentiary establishments according to which full bodily searches may be administered in all occasions
of the first arrival, temporary leave and return to the penitentiary establishment is a blanket provision allowing routine and unjustified strip-searches. Furthermore, apart from full
strip-search, it is problematic that the law does not differentiate between full strip search
and body cavity search and procedures are not prescribed for each type of bodily search.
It is also problematic that prisoners’ short and long term visitors are requested to undergo
mandatory partial strip searches when entering a penitentiary establishment, which runs
counter the legislation in force.
The Public Defender welcomes the implementation of infrastructural projects in penitentiary establishments in 2016. However, some of the establishments are still challenged
with the lack of adequate natural and artificial ventilation, light and heating; sanitation
and hygiene standards are not complied with either. The provision of prisoners with clothing according to the season and items of personal hygiene, exercise of the right to stay in
the open air and equipment of yards remain problematic.
There is no privacy ensured in barrack-type dormitories at establishments nos. 14 and 17;
smokers and non-smokers live in the same area; following sanitation and hygiene rules is
difficult and the risk for spreading infectious diseases is high. Furthermore, such accommodations pose additional and serious challenges in terms of security.
It remains problematic in 2016 to ensure that living space of 4 m2 is made available for
each prisoner. Besides, in establishments nos. 2 and 8, remand and convicted persons are
placed together in some occasions which is in breach of the Imprisonment Code.
In 2016, compared to the previous year, there has been 16% increase in the number of
imposition of disciplinary penalties on prisoners. Despite the fact that in some of the establishments fewer disciplinary penalties were applied, the indicator for the use of these
measures alarmingly increased in establishment no. 3 (2 disciplinary penalties per prisoner, in 2015; 9 – in 2016); establishment no. 6 (in 2015, 1 disciplinary penalty was imposed
on every second prisoner and in 2016, 2 disciplinary penalties per prisoner); and establishment no. 2 (increase by 2.5%). Besides, in comparison to 2015, in 2016, the number of
placement of prisoners in solitary confinement cells increased by 40.4% in establishment
no. 2, which is noteworthy. For the sake of fairness, it should be positively mentioned that,
in total, the number of incidents of placement in solitary confinement cells decreased
in the penitentiary system by 23%. However, the Public Defender is, at the same time,
alarmed that, in the reporting period, there were again incidents of placing prisoners with
mental health problems in solitary confinement cells in some establishments.
In the course of 2016, according to the prisoners at establishments nos. 3, and 6, there
were incidents where the personnel attempted to incite them so as to impose disciplinary
penalties on them or to place them in de-escalation rooms. The prisoners have the feeling
NATIONAL PREVENTIVE MECHANISM (NPM), 2016
17
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