DOC/OS(XXXIII)/324c/I
44
The zonal release boards act in one or more zones. At the request of the head of a
prison, they are entrusted with examining and granting parole or a reduction of
sentence to a detainee serving a sentence of less than six months. Zonal
commissions also have the task of recommending to the Commissioner of Prisons
which prisoners serving sentences of between six months and three years could
benefit from a reduction in their sentence or parole, as well as the conditions for
executing such a measure.
At the level of each prison, a board (called Institutional Boards in maximum security
prisons and Management Commissions in other prisons) is responsible for
recommending the prisoners to the release commission.
In practice, the zonal boards do not work and have not even been set up. This
means that the prisoners serving sentences of less than three years cannot benefit
from parole even though they may be eligible to do so. As 81.4% of the prison
population was sentenced to less than two years of imprisonment in the year 2000,
this malfunction of the release baords is certainly one of the major sources of prison
overcrowding.
Sentence reductions are partially applied (up to one third of the sentence). It should
be noted that the prison law excludes reductions of sentences in a large number of
cases. Thus, recidivists, those sentenced to life in prison, criminals who have
committed or tried to commit an act of violence against women or children, treason,
murder, rape, theft, cattle rustling, escape, breaches of the drug laws, car theft,
burglary with criminal intent, breaches of the law on the conservation of nature or on
protected wildlife, are in principle not eligible for reductions in their sentences.
Added to this, there are the extremely severe conditions imposed on the granting of
parole, which are so demanding that hardly any prisoner can fulfil them. According
to the Ombudsman's office, these conditions render parole impossible. This
situation is under study by the authorities.
The Special Rapporteur wishes to remind the authorities that parole is an essential
measure. It constitutes a good means of favouring the reintroduction of convicts into
society and prevents recidivism. In fact, apart from a very small number who have
been sentenced to life in prison, most prisoners eventually leave prison. Parole is an
individualised way of releasing prisoners under the best possible conditions, both for
themselves and for the safety of society, as prisoners who benefit from parole are
not released unconditionally. It is not a pure and simple release, without any control,
as is the case with a presidential pardon.
The Special Rapporteur would like to encourage the authorities to do their utmost to
relax the conditions for granting parole and start the zonal release boards
functioning effectively and without delay. This would considerably help to alleviate
the problem of overcrowding and would also improve the chances of rehabilitation
for the prisoners.
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