8. Long‑standing issues in effective prevention of ill-treatment
Prisons
In 2015, the Government pledged to prepare a draft amendment that would incorporate disciplinary proceedings comprehensively in the Imprisonment Act, reduce the time of solitary confinement and presence
in an enclosed ward, and transfer decision-making on the most serious disciplinary misconduct to criminal
proceedings.
See the Government’s response to the CPT at https://rm.coe.int/168069568e
The conditions of disciplinary punishment are not in conformity with international standards
The CPT recommended the Government to ensure that
the maximum duration of solitary confinement does not
exceed 14 days (3 days for juveniles) and that no subsequent penalties are imposed on prisoners that would
de facto extend the duration of solitary confinement
beyond the maximum scope. The CPT further repeatedly
recommended that possible disciplinary punishment of
prisoners not include total prohibition of contact with
family where the misconduct committed did not relate
to such a contact.
It is necessary to modify the Imprisonment Act,
which stipulates the relevant rules.
Social services facilities
The systematic visits yielded findings on ill-treatment in facilities for elderly citizens.
See the 2015 Report on visits
See the Report on visit to the Lotos sanatorium, available at http://bit.ly/2rSYwPv
The applicable regulations do not provide personnel, material and technical standards of social
services
Some of the facilities lack sufficient conditions for the
provision of care, which also leads to ill-treatment of
clients. While the Social Services Act does generally
require the providers to ensure personnel, material
and technical conditions corresponding to the type of
the social services provided, without further specification in the form of a decree this legal provision is
unclear and shortcomings almost cannot be penalised.
It is necessary to include authorising provisions
in the Act and issue the relevant implementing
decrees.
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