g. Disciplinary isolation
According to point 5 of the Execution of Sentences Act by the convicts, the disciplinary isolator
represents the room in which the sanction of disciplinary isolation is to be executed, in accordance
with the provisions of Art. 246 of the Executive Code.
In practice, disciplinary isolators are used, in particular, for: incarceration as a disciplinary
measure, pre-trial detention, protective incarceration, incarceration of those who have announced a
hunger strike and incarceration of persons with disorders.
The People's Advocate understands that due to the lack of other spaces in the penitentiary
institutions and other reasoning, the penitentiary institutions identified only this method of
incarceration. However, we have to note that the period of incarceration runs for some categories of
convicts for years on end, and for others from 5 days to 30 days. Solitary prisoners were observed,
who, at first sight, had deviant aspects.
We also reiterate the detention of persons in conditions contrary to Article 3 of the ECHR.
For example, in the disciplinary isolator of Penitentiary no.11 in Balti (visit from January 2019) the
material conditions in solitary confinement reached worrying proportions, incompatible with
respect for human dignity, the applicable standards and minimum norms in the matter, likely to
subject to stress and hardship which exceed the inevitable level of suffering inherent in detention,
with an extremely detrimental effect on the mental, somatic and social health of the isolated person.
In the disciplinary isolation of Penitentiary no. 3 in Leova (visit from June 2019) unsatisfactory
detention conditions were found in all 11 cells. These are represented by narrow rooms, small
windows (which limit the access to daylight), heavy air, increased humidity, electrical wires
hanging on the wall and ceiling, unsanitary toilets, deplorable linen, concrete floor, artificial light of
a low density and unsanitary blankets211. A similar situation was observed at the isolator of
Penitentiary no. 1 in Taraclia, where unsatisfactory detention conditions were found in all the cells
of the isolator. These are represented by narrow rooms, unsanitary toilets, concrete floors, broken
windows, deplorable linen and unsanitary blankets. Likewise, there was a lack of artificial light and
heat212.
211
212
http://ombudsman.md/wp-content/uploads/2019/08/Raport_P3_03.07.19.pdf;
http://ombudsman.md/wp-content/uploads/2019/10/Raport_P1_09.10.19.pdf;
153
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents