criminal sanctions
in the prison in the future, their living conditions, opportunities to
spend time with other female remand prisoners, and access to freetime and other activities should be appropriately arranged in equal
measure to male prisoners. The Deputy-Ombudsman noted that the
prison’s resources to address the matter were small. Ultimately, the
question concerns the allocation of prisoners and remand prisoners,
which falls under the remit of the Criminal Sanctions Agency and the
Ministry of Justice, respectively.
Follow-up:
The prison responded that the Criminal Sanctions Region would be putting forward a
proposal that the prison no longer be used for holding female remand prisoners.
Based on the report by the Central Administration Unit of the Criminal Sanctions
Agency, the placement of remand prisoners in institutions is currently under wider
assessment, since the legislative amendment entering into force on 1 January 2019
will significantly reduce the period for which a remand prisoner may be detained in
police custody. The implementation of the law is being prepared by a taskforce whose
responsibilities include establishing which prisons and regions are likely to receive
higher numbers of remand prisoners and ensuring sufficient capacity. The taskforce is
looking to identify means by which the conditions and legal protection of remand prisoners could be improved while acknowledging the requirements of successful police
investigations.
The position of minor prisoners
•
At the time of the visit, the prison did not hold minor prisoners, but the NPM were
informed that it would be impossible to keep minors separate from adult prisoners.
Under the Imprisonment Act and the Remand Imprisonment Act, prisoners/remand prisoners under the age of 18 must be kept separate from adult prisoners/remand prisoners unless some other arrangement is in the minor’s best interest.
According to the established legal praxis of the Ombudsman, the
reason for placing minor prisoners separately from adult prisoners is
to ensure their safety and protection. The possibility to deviate from
this rule should be interpreted only very narrowly. Placing minor and
adult prisoners together cannot be an established practice or the only
option available. Minors should be provided with separate accommodation units with no access by adult prisoners. However, arranging
for separate accommodation for a minor must not mean that the
minor is placed in isolation. If minor prisoners participate in activities
outside the cell together with adult prisoners, it is imperative that the
activities are sufficiently supervised.
The Deputy-Ombudsman stressed that the placement of minor prisoners should be brought in line with what is required by law and international recommendations. Compliance with these regulations and recommendations appears to be very difficult, if not impossible, for prisons. The Deputy-Ombudsman found that it was also the duty of the
Criminal Sanctions Regions and the Central Administration unit of the
Criminal Sanctions Agency to take measures to address the problem.
37
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