2.3.4. SAFETY MEASURES, MANAGEMENT OF INCIDENTS AND EMERGENCIES 2.3.4.1. De-escalation and Safe Rooms In 2015, within the framework of penitentiary reform, the regulations for all penitentiary establishments were adopted by the Ministerial orders. According to these regulations, in penitentiary establishments N234, N5, N8 and N18 de-escalation rooms were opened; in establishments N3, N6 and N7 – safe rooms were opened. According to existing regulations, it is possible to place the convict/accused in the de-escalation and safe rooms if they threaten their own life or health or the life or health of other people. The person placed in such rooms should be under constant supervision of the medical personnel and under constant visual supervision of the person responsible for safety in the given establishment. De-escalation and safe rooms should be equipped with a safe mattress, video camera with toilet falling outside its field of vision, with the remote control, open type toilet, capable of withstanding damage, water tap and adequate ventilation.35 Visits of the Special Preventive Group to penitentiary establishment revealed that the supervision systems are installed in de-escalation and safe rooms of penitentiary establishments N3, N6 and N8 so that the toilet area is within the field of vision of video cameras. Whenever the prisoners are placed in such rooms, the requirements of the regulations are violated. This amounts to the violation of the right to privacy of prisoners. In some instances, if the prisoner is placed in such rooms for a long period of time, this can be equated to inhuman and degrading treatment. According to the regulations, the person may be placed in such rooms based on the decision of the administration of the establishment, but the person responsible for specific decisions is not specified. Besides, according to the regulations, a special file is created whenever a person is placed in such rooms and information is entered about the state of the person with reasonable intervals. However, the standard of substantiation for deciding on the placement in a de-escalation or a safe room is not defined. Importantly, the above mentioned regulations do not specify maximum term for placing a prisoner in such rooms. According to the existing regulations, the accused/convict can 34 In the absence of the adequate infrastructure, there are no de-escalation rooms in the establishment N2. 35 Article 17 of the Regulations of the penitentiary establishment N2 approved by the Order N119 of the Minister of Corrections dated 27 August 2015; Article 17 of the Regulations of the Penitentiary Establishment no 5 Approved by the order N116 dated 27 August 2015; Article 39 of the Regulations of the Medical Establishment for the Accused and Convicted Persons N18 Approved by the Order N114 dated 27 August 2015; Article 26 of the Regulations of the Penitentiary Establishment N3 of the Order N109 dated 27 August 2015; Article 27 of Regulations of the Penitentiary Establishment N6 Approved by the Order N108, dated 27 August 2015; Article 26 of the Regulations of the Penitentiary Establishment N7 Approved by the Order N 107 dated 27 August 2015. NATIONAL PREVENTIVE MECHANISM (NPM), 2015 39

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