of Article 13, as the convict did not have the possibility to challenge the measure.47
The placement of prisoners separately by the administration of the establishment with
the purpose of securing their safety, without adequate grounds violates national legislation and international acts. This undermines the possibility of rehabilitation of prisoners
and may even amount to torture or inhuman and degrading treatment.
The Public Defender regards it impossible to isolate the person indefinitely, without relying on the grounds and procedures provided by the orders of the Minister of Corrections
approving the regulations of penitentiary establishments. Isolation of prisoners indefinitely constitutes the violation of the rights provided inter alia by Articles 3, 8 and 13 of
the European Convention.
RECOMMENDATIONS
RECOMMENDATIONS TO THE MINISTER OF CORRECTIONS:
• Amend the regulations of the Special Risk Establishments for Deprivation of
Liberty and specify the maximum term of separating prisoners from other
prisoners.
• Make it obligatory to review the decision on placing the prisoner separately in
14 days from the moment of applying the measure and afterwards, with the
same intervals.
• Create legal guarantees to ensure that separated prisoners are not placed under conditions that will aggravate suffering characteristic to the deprivation of
liberty and also isolation.
• Ensure through supervision and control that prisoners are isolated against
their will only for the purpose of securing safety, based on the grounds and
procedures provided by the regulations of respective penitentiary establishments.
• Ensure placement of prisoners separated from others against their will and
with disregard of the grounds and procedures provided by the regulations of
penitentiary establishments together with other prisoners immediately.
47
50
Ramirez Sanchez v. France, no. 59450/00 para. 145, 152.
NATIONAL PREVENTIVE MECHANISM (NPM), 2015
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