• Define reasonable time (at least 10 days) for storing the recordings of the video surveillance and secure unimpeded access of the members of the Special
Preventive Group to these recordings.
2.3.4.3. Separation of Prisoners for Safety Reasons
According to Article 57 (1)(b) of the Imprisonment Code, to avoid self-injury, or damage
to other persons and property, to prevent crimes and other offences in the penitentiary facility, to suppress the disobedience of an accused/convicted person to a lawful
demand of an employee of the bodies of the penitentiary System, to repel attacks, to
suppress collective disobedience and/or mass unrest, the accused/convict may be separated from other accused/convicted persons based on a substantiated order.
The grounds and procedures for using this measure are governed by the orders of the
Minister of Corrections approving the regulations of each of the penitentiary establishments. These regulations provide for the similar procedure for all penitentiary establishments. The decision about placing the convict separately from other convicts for
a reasonable time is made by the director of the establishment at the request of the
convict or at his/her own initiative if there are adequate grounds. In the absence of the
director of the establishment, a properly authorized person will secure separation of the
convict from other convicts for maximum 24 hours. The Director issues the order about
the separation of the convict from other convicts.
Conditions for extension of the term of separation of convicts are different for the establishments of special risk and other establishments. Particularly, according to the regulations for the special risk establishments, if necessary, separation of a prisoner from
other prisoners may be extended with the decision of the director of the establishment
for a reasonable term, until the danger that serves as a basis for separation of this prisoner exists. According to the regulations of other establishments, if necessary, the term
of separation of the convict from other convicts may be extended with the decision of
the director of the establishment for another 30 days. If these safety measures are not
successful, the director of the establishment requests the director of the Department to
transfer the convict or persons that endanger the safety of the convict to another establishment for deprivation of liberty. If proper grounds exist for making such a request, it
is not necessary to exhaust the initial term.
The checks carried out by the Special Preventive Group in the reporting period revealed
that the separation of prisoners is actively used. Particularly, in 2015, 120 prisoners were
placed separately in the establishment N3, 43 prisoners in the establishment N6, 55
prisoners in the establishment N8, 2 prisoners in the establishment N11, 42 prisoners in
NATIONAL PREVENTIVE MECHANISM (NPM), 2015
47
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