As outlined in the table, in 2015, compared to last year the use of disciplinary penalties
has significantly increased in practice at the establishments N2, N3, N7, N8, N15 and
N18, and slightly – at the establishments N5 and N14. It is a positive step that at the
establishment N11 no juvenile has been subject to the disciplinary sanction and at the
establishment N9 only 3 prisoners received such sanctions.
With regards to the use of disciplinary measures at the establishment N6 in 2015, it shall
be noted that as of August 2014 130 the number of inmates at the establishment N6 was
significantly higher than at present. In particular, from January 2014 the number of establishment inmates ranged from 487 to 547, and in August, due to the commencement
of the capital repair works a massive transfer of prisoners to other facilities took place.
Respectively, in 2015 the total number of prisoners in the facility ranged from 114 to
124 prisoners.131 Based on the above, given the fact that the number of prisoners in the
establishment N6 in comparison to the previous years, is 4 times less, there is increase
in the use of disciplinary penalties.
It should be noted, that the Public Defender addressed the Minister of Corrections with
recommendations in its 2014 Parliamentary Report, to develop the Guidelines on the
use of disciplinary penalties, in order to ensure the use of uniform disciplinary penalties
in all the institutions. Unfortunately, the Ombudsman’s recommendations were not followed.
According to the data received from the penitentiary establishments, the confinement
in the solitary cell as the disciplinary penalty is most actively used by the director of the
establishment N14. According to statistics obtained from that establishment,132 in 2015,
solitary confinement as a disciplinary sanction was applied in 134 out of 136 cases. This
is contrary to Article 88 (1) of the Imprisonment Code, according to which solitary confinement, as a disciplinary measure, is used only in special cases.
The solitary confinement cell was not functioning throughout the year at the establishments N7 and N9 of the Penitentiary Department and therefore, this form of disciplinary
punishment was not used. There are no solitary confinement cells, due to the specifics
of the institution, in the establishment N11 for rehabilitation of juveniles and N18 prison
hospital.
According to second paragraph of Article 88 of Imprisonment Code, prisoners placed
in solitary cells shall be deprived of long and short visits, telephone conversations, pur130 January 2014 – 521 Prisoners; February – 528; March – 487; April – 502; May – 515; June – 547;
July – 547; August – 493.
131 January 2015 – 118 Prisoners; February – 114; March – 120; April – 118; May – 118; June – 124;
July – 121; August – 122.
132 The letter N890/16 of the Director of the establishment N14 received by the Public Defender’s
Office on 25 January 2016.
82
NATIONAL PREVENTIVE MECHANISM (NPM), 2015
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