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English Language Page 1.4.1. General information Idrizovo prison is the biggest penal institution in Macedonia. Its population amounts to two thirds of the total prison population of the country. It held: All male first-time offenders sentenced to more than two years effective imprisonment; All male recidivists sentenced to more than six months effective imprisonment; All foreigners; All females sentenced to effective imprisonment; All juveniles sentenced to effective imprisonment; All prisoners sentenced to life imprisonment. The prison had an open facility in Veles, which held male prisoners from the districts of Veles and Kavadarci, sentenced to effective imprisonment to up to two years. It also had an open facility for women and juveniles and a semi-open facility. The director said that the prison did not have an official capacity but that it could hold around 1,500 prisoners. On the day of the visit there were 1,116 prisoners, including 32 women. The prisoners in the closed wards were 812, those in the open facilities were 220 and the prisoners in the semi-open facility – 84. Foreigners were 56. Later on the delegation noticed that there were also two special units, one for women and one for elderly prisoners, but the latter one was not considered a special part of the institution. The prison was built during and after World War II and was partly reconstructed in 2003. The reconstruction process was going on at the time of the visit. In essence it consisted of rebuilding the major wings of the prison from one system of custody into another. The present system of custody in the closed wings was based on large corridors with cells on both sides. The cells had their own windows, but the prisoners spent most of their time in the corridor when locked in the wing playing games and socializing with other prisoners. The new system, into which several wings were already rebuilt, envisaged a long corridor and smaller cells with iron bar doors around it with no windows in the cells. Access to natural light came only through the corridors (See Material conditions below). The prisoners were locked all day in these cells, where they had also toilet facilities and could go out of the cells only during the outdoor exercises. It seemed that the "new" block was at the same time used to change the regime, meaning to prevent any socialization and mingling of the inmates even within the same block. 1.4.2. Categories of inmates and segregation The prisoners in Idrizovo were segregated according to the regime. All those under closed regime were held together in the biggest building of the prison. There were two categories among them however – those placed in the old-type wings and those placed in the newly renovated wings. The Director explained that although the new wings were newly renovated, the administration had difficulties finding volunteers to go there since the possibilities for activities and socialization were fewer. The 32 women in Idrizovo were placed in a special unit for women outside the main compound of the prison. There were 31 adults and one juvenile prisoner there. In fact this was the only juvenile female prisoner in the entire prison system of Macedonia. On the day of the visit the prisoners were distributed by ethnic background as follows: Macedonians 475 Albanians 323 Roma 140 Turks 57 Serbs 19 Others (including foreigners) 102 The 56 foreigners were from Albania, Kosovo, Montenegro, Turkey, Italy and Peru. Segregation in Idrizovo was further based on two elements: the procedure and the criteria. Prisoners who arrive to the prison first spend three days in a special registration unit. This period was used to collect information about the person, to put together necessary documentation, etc. After this the prisoner was transferred to a transitory wing for a maximum of 30 days. This period was needed to observe the prisoner, to analyze his case, to work out a treatment program and to take a decision where the person would be placed. There was a special team of experts consisting of a psychologist, a pedagogue and a physician responsible for preparing the prisoner profile and present it to the commission, which decides on the placement. The following criteria for segregation of prisoners applied in Idrizovo: the type of crime (the Director failed to clarify this in the subsequent discussion); the length of sentence; recidivism; the existence of other charges; the social status (conditions of life, family etc); health status. 1.4.3. Material conditions 1.4.3.1. The main building with the closed wings The main building of the prison could be divided into two parts: old and new (after renovation). Staff members accompanying the delegation tried to limit its visit to the new wing, which was in a better state. This wing had been totally reconstructed. Instead of dormitories for 20-30 prisoners, now there were cells for 2 or 4 prisoners, measuring 12-16 sq. m. Both smaller and bigger cells were big enough for inmates to feel comfortable but they were designed in an “American way”. This meant that there were no windows in the cell but each cell faced the corridor with windows. There were bars instead of doors, which made light coming easy to the cell (unlike the isolation cells). There was a toilet and a small wash-basin in each cell. The cells were clean and newly painted in pastel colors. All the cells were equipped with wooden furniture (beds, cupboards, shelves) made by the prisoners in the local workshop. Prisoners were allowed to keep personal belongings, including radios, TV sets, etc. In terms of material conditions this part of the prison made a positive impression, but prisoners did not like to be placed there because they feel themselves much more isolated than in the dormitories. Also they were not allowed to place posters and pictures on the walls. Although our guides did not want us to go to the old part of the prison we insisted on that. We visited one corridor in the old part, which was big and had cells around it. Some prisoners stood in the corridor, others – in their cells, which were opened. In terms of material conditions, this part was completely different from the newly renovated one. The first impression was dirt; everything seemed to be dirty, the floor of the corridor, the windows and the walls. There were numerous lockers and metal boxes on the corridor for placement of personal belongings. All of the lockers were in poor condition. The IHF delegation saw the TV room in that wing. It was a huge room with a small TV set, several tables and benches with no chairs. The room was in a very bad state of repair. It was not painted for many years and the floor was in desperate need of serious cleaning. The furniture was destroyed and dirty. The cells in the old part of the prison were much bigger than in the new wing. Each cell was around 30 sq. m. and there were 20 prisoners in each cell. There were windows in the cells. Everything (floor, walls, ceiling) was dirty, smelt badly, and in need of renovation and painting. Although the material conditions in this part were very bad and the dormitories were overcrowded, the cells looked friendlier, probably because of the posters and the pictures on the walls, and the prisoners’ personal belongings. 1.4.3.2. The women’s wing The women’s wing was located very close to the prison, but outside of the main wall. The unit was located in a separate building placed among trees. Although there were bars on the windows, it did not look like a prison. When the guards opened the glass door the IHF delegation entered a nice lobby with a coffee table and big chairs. On the wall there was a big portrait of Marshal Josip B. Tito, whom the Director praised much. The women’s unit was divided into two parts: open and closed. The IHF delegation visited only the open part. All the cells (rooms) were modest in terms of quality of furniture and decoration, but clean. We visited a cell with one prisoner with her new-born baby. The cell was clean and nicely decorated. In the next cell, there was the only juvenile prisoner within the entire Macedonian prison system. She was 18 and was serving 5 years of a rehabilitation program. Her cell/room looked nice. It had everything that a teenager might need, including hi-fi, cosmetics and dresses. The other cells were more ordinary. They were spacious, clean but had less personal belongings than the cell of the juvenile prisoner. In this unit there was no limitation on taking a bath. There were enough facilities and regular hot water. The wing had also a small yard with some grass, benches, flowers and five big trees. It looked like a very nice place to spend some time. Women were allowed to be outside for three hours a day. In spite of the delegation’s request, we were not allowed to see the closed part of the unit. The Director claimed that he had no time (none of the delegation members insisted that he accompany us during the inspection of the premises) to show the delegation around. 1.4.4. Medical care The prison had its own medical department. There were two general practitioners working full-time (one in the morning, one in the afternoon), one physician specialized in industrial medicine and one dentist. All of them were working on the spot. There were also physicians available upon contract, including an Eurologist, a laryngologist, a gynecologist, a radiologist, and an ophthalmologist. All they were assisted by two full-time nurses and two laboratory assistants. According to the Director, the work of the medical center was under the supervision of the Ministry of Health, in spite of incapacity of the Director and the staff to discover when the last inspection took place and on which (legal) ground. The medical practitioners, however, were employees of the prison itself (meaning they undertake the whole procedure for employment, while the money is within the overall budget of the prison) and were part of the prison staff. The IHF delegation did not get a clear idea how the supervision of the Ministry of Health could ensure their independence in taking clinical decisions, particularly once the medical staff is completely dependant on the prison's management team. Before entering the prison itself, the team paid a short visit to the medical center. The two rooms that were visited were well-preserved and clean. One of the rooms served as a place to see the patients. The second room was intended for an office. The team could take a look at the medical documentation. It was given a ledger where all visits and intervention were registered. Daily there were around 30 entries. The visits paid to the psychiatrist were specially marked. The physicians we met informed us about the medical problems of the prisoners. The latter were typical for this type of institution and population. Among others they included also wounds resulting from fights among prisoners. There were no cases of HIV, although the physician on duty explained that not everybody had been tested. There were 206 prisoners who were drug addicts and their treatment was difficult because of the lack of medication. They had two patients infected with Hepatitis C who were separated from the others. The physicians conduct the initial examinations of newly-admitted prisoners in the acceptance ward. The team was told that in cases of police misconduct prisoners were carefully examined and all the available information was registered. In such cases a report was always sent to the prison director. The prosecutor, however, was not directly informed by the physician. Several prisoners, when interviewed, complained of the medical care in the prison. They said that it was very basic and of poor quality. They also said that the medical unit was poorly supplied with the necessary medicines. 1.4.5. Work in the prison Idrizovo seemed to be in a relatively good situation with regard to work, as almost 50% of its inmates worked on the day of the visit. The prison has its own farm (with 180 hectares of land and hundreds of cows, pigs, sheep and chickens) where more than 250 prisoners work. There was also a wood and metal factory with over 120 people staff. Nearly 130 prisoners were involved in different ways in the prison maintenance. All prisoners received remuneration for their work. Their salaries varied from 500 Denars (8 Euro) to 2,000 Denars (32 Euro) per month. The prisoners got 70% of the money they earned. This money could either be paid out directly to them or it could be transferred to a bank account. The remaining 30% were put into a special after-release fund. [This is provided for by Article 115 of LES.] Due to the difficult financial situation of the prisoners and their families work was considered a form of privilege. The delegation did not get a clear idea from the Director on the criteria for selection of those who worked. He mentioned professional education, type of regime, discipline and behavior. In fact these were mostly negative criteria to appoint someone to work, which means that if there were no counter arguments, such as previous attempts to escape or violations of discipline, the prisoner could be qualified to work. According to the Director, the financial obligations of the prisoners towards both the state and the victims of crime did not pay an important role as criteria for selection for work. 1.4.6. Food As a rule, prisoners in Idrizovo had three meals a day, but those who worked could have a fourth meal. The Director explained that the daily food allowance was established by LES and was minimum 12 500 joules (3000 calories) per day. The delegation was not provided with detailed information on the prisoners’ daily food allowance. According to the Director, the de facto cost was much higher than foreseen in the budget since the prisoners were producing much of the food. According to the administration, both the religious and medical dietary requirements of the prisoners were met. Those suffering from any kind of illness could be fed according to their needs. The same was true of religion. Muslims were allowed to avoid pork and to observe rules of the Ramadan. Several prisoners complained of the food. They claimed that it was of a poor quality and insufficient. The prison had a canteen where most of the prisoners could buy food. They paid with the money they were allowed to have with them. The limit of the possession of pocket money was 50 Euro (100 Euro for foreigners). The rest they were obliged to keep at the special deposit. According to the internal regulations there was no maximum limit for this deposit. Prisoners could also receive food parcels from their relatives. 1.4.7. Discipline and punishment The disciplinary measures in Idrizovo were the same as elsewhere in the Macedonian prisons. They include reprimand, public reprimand, a ban on visits and parcels and, in the most serious cases, disciplinary isolation from 3 to 15 days. The latter could be also suspended. The disciplinary proceedings were initiated by a report of the staff. The Director then appoints a special officer who investigates the case and reports back to him. During the investigation the officer could question prisoners and collect other evidence. In the end, the Director imposes a disciplinary punishment. Punishments imposed by the Director could be appealed to the higher administrative authority, the Ministry of Justice. Recently none of the sanctions imposed by the Director of the Idrizovo prison was repealed by the higher authority. There was no judicial control over the disciplinary measures. One prisoner who was interviewed complained that he was transferred to a worse wing as a result of a disciplinary offence he committed. He also said that he knew of other prisoners who were punished in the same way. The Director denied the use of transfer as a disciplinary punishment. The IHF delegation visited the wing with the disciplinary cells in Idrizovo. There were 24 isolation cells, close to the main body of the building. Each cell had a heavy metal door. The cell was around 6 sq. m. There was one bed in each cell, covered with a gray blanket. There was no window and no direct access to natural light, but there was a kind of “window” facing the corridor. In this window there was a lamp providing some artificial light to the cell. After we closed the door to prevent natural light coming in from the corridor, it became quite dark inside the cell. Under these conditions it was not possible to read or write. The cells had toilet facilities behind a concrete partition. The prisoners who were punished spent there 23 hours with only 1 hour of outdoor exercise. 1.4.8. Use of force and firearms Excessive use of force is a serious problem in Idrizovo, which the IHF already faced during its fact-finding mission in Macedonia in 2002. [IHF, Report on the Fact-Finding Mission to Macedonia 27-28 May, 2002.] At that time, the IHF delegation came across a case of severe ill treatment by the prison security guards of several prisoners who had visible traces of this abuse on their bodies. The staff, not surprisingly, explained the accident as an internal fight between prisoners although the traces were from truncheons and were on the backs of the prisoners. The IHF subsequently wrote to the Minister of Justice asking him to conduct an inquiry, but did not receive an answer to its letter. On this mission too, the IHF delegation paid special attention to the cases of excessive use of force by prison guards. The Director admitted that there were such cases, but in most of them the use of force was justified by the behavior of the inmates. In some cases he took disciplinary measures against some members of the staff. The delegation did not get any information on how many these cases were and what exactly were the disciplinary measures taken. Prisoners who were interviewed said that the excessive use of force by prison guards for punishment continues to be a problem although it is less so now compared to the past. They said that the new Director took some measures to deal with this situation. On the day of the visit the delegation saw a medical certificate issued by one of the physicians on staff to the prisoner P.M. who complained that he was beaten up by prison guards. The certificate indicated that he had sustained 23-25 hits with a truncheon on his body on 28 June 2004. The number and the location of the traces suggested that what had happened was rather a kind of a punishment, not just a typical intervention of the staff to stop misbehaving prisoners. Having been able to collect all necessary details about the case, the IHF will follow up on this case with the Macedonian authorities. [The case was subsequently investigated and the use of force against Mr. P. M. was evaluated as "necessary", because he tried to attack other prisoners with a twig. No explanation for the number of hits (23-25), and no dicsiplinary measure against the guard(s)] There was no single case of use of firearms by the staff, according to the Director. The delegation did not hear of such cases from other sources. 1.4.9. Activities Work was the major occupation of almost one half of the prisoners in Idrizovo. Those of them who did not work, spent most of the time in their cellblocks, either in the cells or in the corridor. There were TV sets in some places. Prisoners could play sports both outside (soccer during their outdoor exercise) and inside (table tennis). Thirty-six prisoners were enrolled in the school. There was a library in the prison, which some prisoners used. No other forms of organized activities, such as correctional programs, therapy, etc. existed. 1.4.10. Contacts with the outside world Prisoners were allowed to meet families and friends. Meetings were organized in a big room with 38 tables. Everybody entering the prison was searched. Prisoners were also allowed to receive parcels, which were subject to control. The Director said that there was no censorship of correspondence whatsoever in the prison and no monitoring of phone calls. This was, however, a statement, which was very hard to believe. During the interviews with the prisoners the delegation could not find a case of surveillance of prisoner’s correspondence as those prisoners with whom the delegation talked preferred other forms of communication with relatives and friends outside the prison or could not write. At the end of the visit during the final conversation with the Director the problem with the surveillance of the prisoner’s correspondence was raised. To everybody’s surprise the Director said that the administration does not monitor prisoners correspondence at all, despite the fact that most prisoners in Idrizovo were on a strict regime. Thus, the delegation was surprised how such a gross violation of LES was possible in this biggest penal institution in Macedonia. In any case the delegation did not take this statement of the Director seriously. 1.4.11. Inspection Idrizovo prison is under the supervision of the Department of Execution of Sanctions of the Ministry of Justice and receives regular visits from officials of that department. It was also occasionally visited by the president of the local court. The IHF delegation did not see any written traces of such visits. |
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