ANNUAL REPORT 2019-OMBUDSMANNATIONAL PREVENTIVE MECHANISM
Positive practice in the Prison is the frequent direct conversations of the Director
with the convicted persons and his established regular practice to have a special day
(Wednesday) as a reception day for conversation with convicted persons. In addition to
frequent conversations with the director, the institution employs two psychologists and a
pedagogue who practice the same dynamics of conversations with convicts.
The institution also has a complaint box set up by the Ombudsman, accessed only by
authorized persons from the Ombudsman’s Office.
3.2.6. Procedure for determining disciplinary liability and imposing a disciplinary sanction
The head of the disciplinary commission is in charge of the procedure for disciplinary
responsibility. The special records for disciplinary penalties are also kept with her.
The disciplinary procedures start with the submission of a request for initiating a
disciplinary procedure to the Director of the Penitentiary in Prilep. The request first states
the personal data of the convicted person, a number in the personal records, a crime committed for which the respective person is serving a sentence and the beginning and end
of the sentence. It is then stated whether the person was previously sentenced, when, for
what and what punishment was imposed on him/her. The submitting party describes the
violation in detail and signs the request. Furthermore, it is stated whether and what items
were confiscated in connection with the violation, an opinion is given by the Department
of Resocialization, the date of the given opinion is stated and the party giving the opinion
signs the request, and if necessary an opinion by a doctor is provided. At the end of the
request, the proposal for imposing a disciplinary sanction is specified and the president of
the disciplinary commission signs.
Before requesting a statement relating to the disciplinary offense by the convicted
person, the members of the commission read aloud what the convicted person is accused
of and are convinced that the convicted person understands the accusation of the committed disciplinary offense. If they feel the need to make sure that the convicted person fully
understands the charge, the competent members read it several times.
If the convicted person agrees to complete and sign the statement, it shall be attached along with the request for initiating disciplinary proceedings. If it is an illiterate
person, he signs the statement by putting his fingerprint. The practice of teaching the
letters of the alphabet to illiterate convicts (usually of Roma nationality) was emphasized,
so that they could sign documents on their own. If the person does not agree to give and
sign a statement voluntarily, this is stated in the request.
The procedure continues with compiling minutes, stating the day and room of the
committed disciplinary violation, description of the report on the committed offense, signature of the members of the commission and stating the voluntarily given oral statement
of the convicted person (if any) after which the convicted person signs.
After receiving the request and the minutes, the Director of the Penitentiary in Prilep
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