with the outside world shall be secured for persons
deprived of liberty.
2.21.11. The penitentiary legislation needs to prescribe an
effective and functional mechanism for early conditional
release from serving the sentence, which too will help to
forge a desire of the person deprived of liberty to
demonstrate conduct that is conducive of becoming
eligible for early conditional release from serving the
sentence.
2.22. Legitimate Restrictions of Respect for Private and Family
Life of Convicts and Pre-Trial Detainees Transferred to a
Disciplinary Cell; Legitimate Restrictions of the Freedom of
Communication
2.22.1. For persons deprived of liberty, which are transferred to
a disciplinary cell, restrictions of the right to respect for
private and family life and of the right to communication
shall be the measure of last resort.
2.22.2. Such measure shall be individualized, purposeful,
justified, and proportionate, rather than mechanical or
arbitrary, regardless of the nature and dangerousness of
the offence. Such restrictions shall be linked directly
with the offence committed by the convict or pre-trial
detainee, and restrictions of their main rights and
freedoms shall be reasonably necessary for furthering a
legitimate aim.
2.22.3. Penalties or restrictions shall not include a ban on
contacts with the family. Means of contact with the
family may be restricted only temporarily and only when
they are necessary for security and keeping the order.
2.22.4. It is furthermore necessary to focus on situations in
which a convict or pre-trial detainee who is transferred
to a disciplinary cell is, regardless of the basis for such
48
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