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English Language Page The major legal act regulating the prison conditions is the Law on the Execution of Sanctions (LES). It contains some remarkable provisions, which, however, are not applied in reality. Thus, Article 100 provides that each sentenced prisoner is entitled to a minimum of 9 cubic meters of living space. According to Article 101, the sentenced prisoners should be placed in single rooms if there are such possibilities in the institution. When they are placed in common dormitories, the psychological compatibility of the prisoners ought to be ensured. In any case the law forbids the placement of more than five prisoners in one dormitory. LES provides for a minimum daily caloric value of the food sentenced prisoners are entitled to. It is 12,500 joules (3,000 calories), enough to cover the needs of a prisoner. The caloric value of the food provided to the juveniles should be 14,600 joules. The law also provides that the food should be prepared with regard to the scientific standards of nutrition. The law provides that medical care should be ensured by a doctor who should be contracted in each institution (Article 121). The doctor should certify the medical condition of every sentenced prisoner upon admission. In addition, every sentenced prisoner has the right to use the services of any medical specialist they want at their own expenses of. Under Macedonian law convicted prisoners, who are first-time offenders, sentenced to up to 2 years imprisonment, as well as habitual offenders sentenced to up to six months imprisonment are accommodated in regional prisons. LES provides that the prisoners should be enabled to work such types of jobs that might be useful once they finish serving their sentence (Asrt. 21). Article 113 regulates the remuneration of prisoners, although the relevant provision is a bit vague. It provides that “the compensation’s amount shall be determined by the type, quantity and quality of both the product and the work”. Article 113, paragraph 4, provides that “the director competent for the execution’s affairs shall regulate more specifically both the compensation and rewards for the work of the inmates”. Prisoners are entitled to some privileges for good behavior. These are defined in Article 149 of LES. In such cases their regime may be changed to a lighter one. However, for bad behavior they can be transferred to a stricter regime. In both cases the decision is made by the Directorate for the Execution of Sanctions at the Ministry of Justice and is subject to judicial review. LES defines breaches of discipline. A prisoner who has breached discipline may be punished by reprimand, public reprimand, withdrawal of privileges, solitary confinement and taking away of a part of the work compensation. A prisoner is subject to reprimand if he/she has committed a minor offense or has breached rules for the first time since admitted to prison. A prisoner may be punished by up to 15-days’ solitary confinement if his/her misdeed constitutes a serious offense or if he/she has been a habitual offender while in prison. Punishment by solitary confinement may be suspended. The law does not provide for the total duration of such punishment over one calendar year. Article 175 provides that “the room, where the disciplinary penalty of referring to solitary confinement is executed, must have a size of at least 9 cubic meters, and it has to have natural light, it has to be equipped with sanitary facilities, drinking water, bed with bed linen, chair and table, and it must be heated”. The law also allows for the isolation of a prisoner for a period of up to 6 months in cases when the prisoner “endangers seriously the security in the institution through his own actions or he presents a severe danger to the safety of other prisoners, if the applied disciplinary measures had been unsuccessful” (Article 180). This measure is imposed by the Director of the Directorate for the Execution of Sanctions and is subject to appeal only to the Minister of Justice but not before a court. LES does not prohibit the use of solitary confinement for the punishment of juveniles. According to Article 224, the juvenile inmate may be sentenced with disciplinary cell for up to 10 days. However, paragraph 2 of the same article states that “the duration of the disciplinary penalty shall be terminated when it has been estimated that there is no longer a need of its further execution”. Article 225 provides that the juvenile cannot be isolated. Article 175, paragraph 4 of the LES states that “the punished person shall be visited by a doctor every day”. Article 173 of LES provides for some procedural rules in the course of the imposition of punishments. They are however too general and sketchy. Disciplinary measures taken against a prisoner are taken into consideration whenever a court or the Director decides on this early release. The law provides for the use of force (physical force, truncheon, forceful separation, instruments of restraint, etc.) in order to “prevent an escape from an institution and during convoys, as well as for the purposes of preventing a physical attack, injuring, causing a material damage or surmounting a resistance of prisoners in relation to lawful order taken by an official” (Article 184). Firearms can be used by a prison officer as an ultimate measure in order to “protect a human life; reject a direct attack endangering his life; reject an attack on object being secured by him; prevent the escape of a prisoner from the institution of a closed type or from the closed division in an institution; prevent the escape of a prisoner during convoy if he has been sentenced for a criminal act carrying a penalty of 15 years or more” (Article 185). These incidents shall be registered and the officer who applied them shall submit a detailed report. The report is forwarded to the Ministry of Justice, which has to to assess whether or not such a measure was justified and proportional. A prisoner who was subject to the use of force or firearms has the right to file a complaint with a prison Director or the Ministry of Justice. LES prohibits torture, inhuman and degrading treatment or punishment in the prisons (Art. 12). Article 142 of the Penal Code provides for criminal sanctions in cases of torture, although the definition of torture in this provision is narrower than the one from the UN Convention Against Torture. The prisoners from closed units are entitled to one visit per month, those under semi-open regime to two monthly visits, while the prisoners accommodated in the open unit have the right to receive four visits each month. All visits are restricted to one hour. Prisoners may receive extra visits – a privilege as such depends on their conduct. LES provides for the routine monitoring of the correspondence of the prisoners in the institutions of closed type (Article 140). It also provides that the telephone calls of these prisoners can be made only in the presence of a prison officer. Remand prisoners are subject to a stricter regime. They are not entitled to make phone calls. Court officers supervise their entire correspondence. Visits to untried prisoners are subject to the approval by presiding judges. A presiding judge decides whether or not a prisoner can receive a visit in the presence of a security guard. LES envisages inspections in the prisons by the Ministry of Justice and by the court supervising the execution of sanctions. Article 79 provides for setting up of a prison monitoring state commission in Macedonia composed of judges, penologists, sociologists and educationalists, as well as from state officials. The commission is tasked to monitor the implementation of the law through periodic visits to penal institutions and reports to the government. |
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