II) Systematic Visits
II) Systematic Visits
For part of 2014 and for 2015, I selected for systematic visits especially the medium and high security
prisons intended (profiled for) imprisonment of male inmates. 1
I decided to visit this type of facilities especially for the following reasons: The Defender has not yet
performed systematic visits to medium security prisons; most convicts are placed in high security prisons; most complaints come from high security prisons.
Prisons are a fertile ground for the risk of ill-treatment, which is
inherent to the very nature of imprisonment. The convicts have
to submit to a number of measures (restriction of free movement,
restriction of the right to privacy, hygienic restrictions, restriction
of the free choice of a physician, etc.) as well as to a limited equipment of the spaces which they inhabit during most of their days.
The risk of ill-treatment is high also due to the composition of
the prison population, which also includes older persons, persons
with mental illness, chronically ill convicts, addicts, etc.
visits focused on
medium and high
security prisons for
men
Aside from the Public Defender of Rights, prevention of ill-treatment of convicts is also ensured by the regional State attorney’s
offices, which carry out inspections of the prisons’ compliance
with legal regulations 2 and CPT.
1) Course of the visits
The systematic visits were unannounced, but they were carried out
on site with the knowledge of the head of the prison. The visits were
carried out by the authorised employees of the Office: lawyers and
external consulting physicians or other experts in the area of prisons.
State attorney’s
offices and CPT
also carry out
inspections in
prisons
Visits in prison took two to three days and comprised inspection
of the prison’s premises, observations, interviews with the prison staff
1
Section 56 (1) of the Criminal Code stipulates that custodial sentence (imprisonment) may be carried out in one of the following types of prisons
(Czech designations in italics): (a) low security (s dohledem); (b) medium security (s dozorem); (c) high security (s ostrahou); or (d) maximum
security (se zvýšenou ostrahou). Pursuant to par. 2, courts will place in a medium security prison those offenders convicted of a misdemeanour
committed through negligence who have already served imprisonment for an intentional criminal offence in the past; or those offenders convicted of an intentional criminal offence and sentenced to a maximum of three years of imprisonment who have not served imprisonment for an
intentional criminal offence in the past. Courts will place in a high security prison those offenders sentenced for an intentional criminal offence
who simultaneously does not meet the conditions for placement in a medium security prison or a maximum security prison; and those offenders
convicted of a misdemeanour committed through negligence who have not been sentenced for imprisonment in a minimum or medium security
prison. Depending on the seriousness of the crime and the degree and nature of the offender’s maladjustment, the court may place the offender
in a different type of prison [Section 56 (3) of the Criminal Code].
2
Section 78 of the Imprisonment Act.
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