A/HRC/31/57/Add.3
inmates prior to their release. He encourages the Government to proceed with these plans,
including by making the necessary investments in adequate infrastructure and work
opportunities.
3.
Closed or high-security system
81.
The Imprisonment Code defines different types of penitentiary establishment, inter
alia, closed and high-security establishments. It states that, in both types of establishment,
convicted persons are to be kept in special cells, where visual or electronic surveillance
may be implemented in accordance with relevant rules. The criteria for placing convicts in
one type of establishment or another are defined in Order No. 70 of 9 July 2015 issued by
the Minister for Corrections. According to Order No. 70, when taking the decision to place
a convict in a closed or a high-risk establishment, authorities must bear in mind the threat
stemming from the convict, the convict’s personality, the severity of the crime committed
and relevant negative results of the crime, the convict’s conduct in prison with other
inmates and prison staff, compliance with the prison regime, attempts to escape, the
convict’s ties with organized crime or terrorism, and participation in rehabilitation or
resocialization programmes. Similarly, it provides for a procedure to assess the risks posed
by a convict.
82.
The Special Rapporteur learned that convicts who have committed serious crimes
and pose a moderate or high risk to society are kept in closed establishments, while
convicts who have committed the most severe offences and/or are serving a life sentence
are kept in high-security establishments. Both categories are kept in cells containing from
four to six people, distinctly separated from other prisoners.
83.
High-security establishments are primarily used for the detention of organized crime
or mafia bosses, persons with a high status in the criminal community and inmates who
have sufficient authority to initiate a riot in the prison or to incite other inmates to commit
unlawful acts. Furthermore, the authorities also transfer to high-security establishment
prisoners who pose a threat to other inmates, seriously undermine order in prisons or inflict
self-injury.
84.
The Special Rapporteur was informed that a large number of inmates, generally
those serving longer sentences, are held in high-security prisons, of which several were
originally designed for shorter-term pretrial detention. In this way, high-security inmates
may spend years living in highly restrictive conditions, comparable with those of pretrial
detainees, with the exception that they enjoy access to telephone calls and family visits.
Like persons in pretrial detention, access to outdoor areas is restricted to an hour a day and
in similar conditions. In addition, the Special Rapporteur noted with concern that some
cells, including those occupied by inmates serving a life sentence, did not offer adequate
natural light or ventilation. Although all high-security inmates theoretically are eligible for
woodcarving or embroidery workshops, only very few actually have access to them.
4.
Restrictions and disciplinary sanctions
85.
Some facilities have special “safe cells” equipped with closed circuit television for
inmates that require closer surveillance. The relevant rules allow prison authorities to
decide to place inmates in these cells for a “reasonable amount of time”, a decision that,
following a medical report, may be reviewed every 30 days by the same authority that made
it. The Special Rapporteur was informed that, in practice, inmates may spend several
months in this form of solitary confinement, and is of the opinion that this may constitute
cruel, inhuman or degrading treatment and even torture, and may indeed risk exacerbating
the conditions that make these inmates a risk to themselves or others in the first place.
14
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