3.5.4. Use of force/means of coercion by officials
The conversations with the persons serving their sentences in the juvenile
prison resulted in information that they were often subjected to force by the
members of the prison police. Namely, they pointed out that they were slapped
and hit with rubber (“Bulgarian”) batons, and one of the children pointed out
that it was tied with handcuffs. They pointed out that most often the officials
use force in the places that are outside the reach of the video cameras placed
in the institution, and as a place where they were “beaten”, they pointed out
the dining room.
In a conversation with one of the children serving a prison sentence, information was received that it was hit with a rubber baton. During the examination of the body, a visible injury was ascertained, for which the external associate - forensic scientist assessed that the injury really originated from a blow
with a rubber baton. Namely, from the performed examination it was noted that in the
area of the back on the left side there is pigmentation of the skin which has an elongated
oval shape, obliquely transversely placed with dimensions 8x1.5 cm. The forensic scientist
concluded that this pigmentation, according to its appearance and colour, is not inborn,
but acquired from a blow with a baton. According to the appearance and colouring of the
skin, skin pigmentation occurred one month before the day of the examination performed
by the expert, otherwise part of the NPM team during the visit.
Within the framework of the institution, the Civil Control Mechanism was informed
about the established case, which according to the Law on the Ombudsman has the authority to determine the situation regarding the actions committed by persons with police
authorizations and members of the prison police.
From the conversations with the doctor, the NPM team was informed that
most often the injuries are not reported, especially the injuries caused by mutual fights or bad treatment of children by officials, and if accidentally “discovered” they are explained by an accidental hit or fall. Injuries resulting from an
accident or fall are not recorded anywhere (this refers to injuries such as bruising, denting, which do not require urgent intervention such as fractures), nor is
the child’s statement about the way of acquisition of the injury recorded, which
is important in terms of prevention of repression and physical abuse.
In this respect, it was stated that the Institution does not provide conditions for effective protection of persons who are subject to any form of repression by other children or by staff, as there are no opportunities for the child’s
transfer, alternative accommodation, or avoidance of everyday contacts.
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