with due account of security interests of the establishments, various activities should be
carried out.
In accordance with the European Prison Rules, ‘good order in prison shall be maintained
by taking into account the requirements of security, safety and discipline, while also providing prisoners with living conditions which respect human dignity and offering them a
full programme of activities…. ’51 The aforementioned regulation implies introduction of
such systems of order and safety that would allow maintaining balance between security
and the programs designed for social reintegration of inmates. This also implies inclusion
of various components necessary for the effective management of prisons.
Apart from nonexistent rehabilitation programmes, it is of concern that inmates placed
in high risk prison facilities and penitentiary establishments spend 23 hours a day in their
cells. Their outdoor stroll is limited to an hour a day and takes place in a cell like yard. Conditions that allow physical exercise in these yards are absent, which also has ramifications
for the inmates’ health.
The Public Defender welcomes the legislative amendment prepared by the Ministry of
Corrections, which is aimed at decreasing the duration of administrative detention. However, the adoption of the draft law would mean increasing the term of administrative detention for the inmates of high risk prison facilities up to 150 days. This once again shows
the preferences given to repressive approaches especially against the background of the
Public Defender’s position that favours the abolition of administrative detention, as it is
an ineffective method for ensuring order and security in penitentiary establishments.
The measures of static security in high risk prison facilities, as well as their blanket prohibitions, restrictions, very limited rehabilitation activities that stem from the high risk status
given to these establishments, ran counter to the spirit of the recommendations given to
the States by the Committee of Ministers of the Council of Europe, calling upon the States
to apply, as far as possible, ordinary prison regulations to dangerous prisoners and to apply security measures only to the extent to which they are necessary.52
Security implies prevention of violence among prisoners, fire and other emergencies, creating safe and working environment for inmates and prison staff as well as prevention of
self-harm and suicide. For the aforementioned objectives, the following components of
security can be highlighted:
Aspects of physical security include the architecture of prison buildings, the strength of
the walls of those buildings, the bars on the windows, the doors of the accommodation
units, the specifications of the perimeter wall and fences, watchtowers and so on. Procedural security includes those methods and procedures that are in place for prison security.
51
52
Council of Europe, Recommendation Rec(2006)2 of the Committee of Ministers to member states On European Prison Rules, Rule 49.
Council of Europe, Committee of Ministers, Recommendation of the Committee of Ministers R (82) 17 to
Member States Concerning Custody and Treatment of Dangerous Prisoners, adopted by the Committee
of Ministers on 24 September 1982 at the 350th meeting of the Ministers’ Deputies, available at: http://
www.ochrance.cz/fileadmin/user_upload/ochrana_osob/Umluvy/vezenstvi/R_82_17_treatment_dangerous_prisoners.pdf [Last visited on 07.03.2017].
NATIONAL PREVENTIVE MECHANISM (NPM), 2016
35
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents