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English Language Page 1.5.1. General data The prison in Ohrid is for juveniles aged 14 to 18. It is situated in the center of the town of Ohrid. It was transformed to a prison for male juveniles in 1999. The prison is the only prison for minors in Macedonia. It has a closed and a pre-trial unit. The prison capacity is 70 inmates and on the day of the visit there were 20 inmates – 17 sentenced and three remand prisoners. [At first, for some reason the Director refused to report the number of inmates, but later he confirmed that there were 17 sentenced prisoners. This was the number that the IHF delegation came up with during dormitory observations. According to the Director, three inmates were not in the institution, as two were working outside the prison and one was on a medical check-up in Skopje.] All of them are male. The building was constructed in 1950 and some minor improvements have been made since then (e.g. the entrance in 2003). The actual prison facility (where the inmates are held) is protected by a high wall. The Director of the prison, a lawyer, was appointed to this position two years ago. He observed that the prison building was too small, and that there should be more alternative punishments, as it was impossible to have separate sections in such a small prison. 1.5.2. Categories of inmates and segregation The prison held remand prisoners, prisoners who were sentenced for misdemeanors, first time offenders and recidivists. The 17 sentenced inmates were separated from the remand prisoners. Most of the prisoners have a long criminal record, because juveniles in Macedonia are sent to a juvenile prison only as a final measure, and for very heavy crimes (like rape and murder). According to Article 87 of the Macedonian Penal Code the minimum sentence of imprisonment for juveniles is one year. Juveniles sentenced to lighter sentences go to the Juvenile Correctional Center. The maximum penalty for a juvenile, according to the same law, is ten years imprisonment. The youngest inmate was 17 years old and the oldest - 22. The current Macedonian legislation does not foresee that a sentenced juvenile should be transferred to a prison for adults after becoming 18. Therefore, a person that had been minor at the moment of committing a crime would serve a term in a prison for juveniles even after he became an adult. Six of the inmates were convicted for murder, three for double murder, while the rest were sentenced for rape, trafficking, drug dealing and theft. The prisoner with the longest sentence served nine years for murder. There were three foreign citizens – two from Albania and one from Kosovo. The detainees in the pre-trial unit and the sentenced prisoners were from different ethnic and national backgrounds: Macedonians, Albanians, Roma, Turks and Serbs. According to the personnel there were no problems with the co-existence of the different ethnic groups. There was no interpreter employed in the prison, but as the Deputy Director was an Albanian, he helped with the interpretation. Despite the fact that there was no possibility for segregation of prisoners, the unit for the sentenced prisoners had nevertheless two different wings located in different corridors of the building. The first wing was envisaged for the “bad prisoners,” as the Director explained, i.e. those who disregard discipline and do not try to improve their behavior. The second unit was for the “good prisoners”, and most of them worked either in the prison or outside the prison. There was no segregation based on religious or ethnic background. There were no female prisoners in the prison, as this was a male prison, but, in principle, if there were any they would be placed separately and had female guards. 1.5.3. Material conditions and hygiene 1.5.3.1. The closed unit The entrance to the prison was built in 2003, but was rather small and narrow. After passing the entrance unit the delegation entered the yard of the prison. The territory of the prison was divided into working and recreation zones, as well as living and sleeping zones. On the ground floor there was a kitchen, a dining room, bathrooms and playground with 50 lockers for prisoners’ personal belongings. On the first floor there were sleeping rooms, bathrooms and showers and a day room. There was also the pre-trial facility. Despite the fact that the toilets had a bad smell, the walls, ceilings, floors and facade were in good condition. The juveniles who were sentenced spent the day outside their cells. The “good” ones worked either inside or outside the prison, while the others spent the time in the yard or in the day room. The facility did not have enough space to provide better accommodation for inmates. There were two corridors with no windows, 10-12 meters long, with electric lights and carpets on the floor. Since the appointment of the new prison director new beds and sheets were bought for the prison. Each bedroom housed between three and five inmates. Beds were more than 30 cm above the floor. The overall space per capita was four to five square meters, including two to three square meters of uncovered space. The beds in the juvenile and pre-trial units had thick mattresses. Each bed had a pillow, sheets, and two thin blankets. The bed sheets were changed every two weeks, but it did not become clear how often the blankets were washed. On the day of the visit the bedding was clean and fresh. The cells in the unit for sentenced prisoners had good access to natural light, which was adequate for reading, and a tolerable noise level. The noise level in the pre-trial unit and in the disciplinary cells was also tolerable. Each cell had at least one big window, which faced the yard of the prison, and windows in the cells could be opened. There was no other form of ventilation. At the time of the visit the weather was very hot, yet the temperature in the cells was not very high. Heaters were installed in every room, though they were not very big. All cells were furnished in a similar way, with an equal number of beds and cupboards, and with no wall decorations. All beds were made in the same way and the cells all looked dull. On the wall of each bedroom hanged a list with the names of the inmates. In one of the rooms with inmates sentenced to lighter punishments there was a ventilator on the ceiling. The floor in the bedrooms was wooden. The day room had one TV set with cable TV, a video recorder, three tables (for four people each) with benches, and one table for table tennis. Those who smoked could smoke in the yard. The IHF delegation met 13 inmates in the living room. While the IHF delegation was talking with the inmates, the Director, one psychologist, one teacher and two guards were present, and this was the reason why the inmates could not talk freely. The dining room had five tables, each with two benches, and no other furniture. It was very dark, and it looked not big enough for the number of inmates. The bathrooms were on the ground and the first floor. There was a bathroom and a toilet on the first floor of the building, facing the yard, two toilet cabins without seats, two urinals and six sinks. The section for the “good” prisoners had two toilet stalls (cabins) with WC facilities for sitting and three sinks. The bathroom on the ground floor had tiles everywhere, no windows, but it did have electric light, four faucets, four showers and basins all around. Minors who worked were allowed to shower every day, while those who did not work could take a shower twice a week. The water was centrally regulated. We were told that the prison administration was undertaking everything to raise the prisoners’ awareness of hygiene. The working inmates received 1,500-2,000 Denars [24-32 Euro] per month, and they could use the money for personal needs, like hygiene materials. Those who did not work received only 5 Euro from the state, so they had to ask their families to bring them hygiene materials. 1.5.3.2. The pre-trial unit The pre-trial unit served the judicial districts of Ohrid, Struga and Debar. The capacity of the pre-trial unit was rather unclear (around 12-15 detainees). The detainees in the unit were under investigation and all of them were male. Separation in the pre-trial unit was based on court orders. In case prisoners were accused of being accomplices, they were not placed in the same cell. Sixty percent of the detainees were arrested for drug dealing and drug abuse, 30% were arrested for murder, and the remaining 10% were detained for heavy robberies and sexual crimes, including rape. These detainees could receive visits from their lawyers, but the visit had to be permitted by the investigating judge. The detainees at the pre-trial unit spent the time in their cells, and they went out only to meet their lawyers and families, or for a walk in a foreseen space. The investigating judge and the court decided on the number and frequency of visits for the detainees. No possibilities for work appeared to exist in the pre-trial unit. The pre-trial unit had smaller cells with three beds each. The inmates had about three sq. m. of space. There was no direct access to natural light in the cells. There were two small windows (50 cm x 50 cm), facing the corridor of the unit, and they were the only sources of daylight and ventilation. The light in the cells was not adequate for reading or writing. Because of the lack of windows, no fresh air could enter the cell in spite of the windows above the doors, facing the corridor, being permanently open. All pre-trial cells had their own small lavatory. A cell visited by the delegation had three beds, one toilet, a small washing basin, a few shelves on the walls, and a small cupboard. The heaters of the pre-trial unit were placed in the main corridor. The detainees from the pre-trial unit received food from relatives or asked the guards to buy them food every morning. 1.5.4. Food The prisoners get four meals a day (breakfast, lunch, a snack and dinner). Breakfast is served at 6:30 a.m., a mid-morning snack is served at 11:00 a.m., lunch is served at 2:00 p.m., and dinner - at 6:30 p.m. The prisoners had thirty minutes to finish their meal. A two-week menu hung on the dining room wall, so the prisoners knew what they were having during the next fortnight. According to the menu, meat was always on the lunch menu. The prison kitchen appeared clean. Prisoners received the food through a small window from the kitchen. The dining hall was rather dark and narrow, could pose a problem if the prison population increased. A cook prepared the prison food and one of the “good” inmates worked in the kitchen and learned how to cook. Daily food rations contained 14,500 to 16,000 joules, or 3,480 to 3,840 calories. Kitchen staff informed the delegation that pork was not served. Yogurt, milk and fresh fruit were served daily. Detainees and prisoners could receive parcels and food from their relatives. There was no canteen in the prison. If there was a need, prisoners could also receive dietary food. 1.5.5. Medical care No doctor, nurse, or any other medical personnel worked in the prison or in the pre-trial unit on a daily basis, nor was any information given if the young adults were subjected to systematic medical check-ups once a year. According to the Director, upon arrival to the prison medical checks were conducted at the local hospital in Ohrid. Every prisoner had his own health file. These files contained personal information, the criminal record, health history, medications prisoners took, information about tattoos, scars and/or other marks, including possible injuries that were obtained before arrival at the prison. If there was a need for a medical examination or a need for a specialist, the prisoners were brought to the Ohrid hospital. Dental care was also provided at the Ohrid hospital. A contracted neuro-psychiatrist visited the prison twice weekly (Mondays and Thursdays) to examine the prisoners. There was no information on how many prisoners the doctor could examine in one day. A psychologist worked at the prison, and, according to her, the prisoners could contact her whenever they needed counseling. She did not explain further what kind of treatment was applied in her work with the prisoners. Psychological tests were conducted regularly. The IHF delegation saw a medical form, which was supposed to be filled out whenever physical force against prisoners had been used. It was, however, not clear who was supposed to fill out this form and examine such prisoners. It was also not clear whether a medical professional examined the minors before and after they spend time in punishment cells. 1.5.6. Work in the prison According to the prison Director, work was the best re-socialization and therapeutic measure. The Director stated that many inmates would like to work, but there was not enough work for everybody. Three juveniles were working for private and public companies, but it was very difficult to find employment for convicts because of the employers’ prejudices towards prisoners. The inmates who worked outside the prison were employed as trench- and canal diggers, or they worked in parks and took care of monuments. Those who worked outside the prison received payment of about 1,500-2,000 Denars [24-32 Euros] per month. They received their salaries each fifth day of the month. Those who could not leave the prison building worked in the kitchen, where they were taught how to cook. Some of them served in the dining room or took care of cleaning and hygiene. The job they were assigned to was often a reward for their good behaviour. Additionally, there was a small workshop for wire fences, however the state had provided no funding for it. The Director stated that in the past they had had difficulties selling the wire. Juveniles, who worked at the fence workshop, also received payment for their good work. 1.5.7. Discipline and punishment The inmates were quite afraid of the Director and the guards, after they were lined up upon the arrival of the IHF delegation, and they did not dare to talk very much with the members of the delegation in the day room. Unfortunately, the delegation did not get an opportunity to talk to the convicts in private, despite the fact that this was promised upon arrival of the IHF delegation. Several disciplinary measures were used in the prison. The lightest was reprimand. The next was public reprimand. The most severe disciplinary measure was placement in a disciplinary cell. According to the Director this punishment was used very rarely. He was, however, unable to provide information on how frequently it was imposed in the prison. He did not specify what the exact procedure for placement in a disciplinary cell was. There were two types of solitary confinement: one with work and the other without work. The juveniles were put in a punishment cell if those who work outside the prison left their workplace without permission, if they returned to the prison drunk after leave and created problems, in cases of self-injury or injuring of others. The last case of an imposition of a disciplinary cell was when two inmates had hidden a mobile phone in their bread and smuggled it into prison. They spent seven days in solitary confinement. Punishing juveniles with solitary confinement is an inhuman punishment contrary to the international standards protecting juveniles deprived of their liberty. [Rule 67 of the UN Rules for the Protection of Juveniles Deprived of their Liberty, U.N. Doc. A/45/49 (1990).] However, Article 224 of the Macedonian Penal law provides that “The juvenile convict may be sentenced with the disciplinary penalty of solitary confinement maximum up to 10 days”. However, paragraph 2 of the same article states that “The duration of the disciplinary penalty shall be cease at one when it has been estimated that there is no longer a need of its further execution”, while Article 225 says that “The juvenile person may not be pronounced a measure of making him to be alone”. Conditions in the punishment cells were very bad. In the pre-trial unit there were three disciplinary wings and each wing had two separate disciplinary cells. Each cell had two small windows (25 cm x 50 cm each), smaller than the windows of the pre-trial cells. These windows were above the door of the cell and faced a small corridor with one metal door that closed the solitary confinement units. The main corridor had several bigger windows on the ceiling of the pre-trial unit. There was no access of natural light in the cells. The only furniture they had was a bed and a sort of a bedside box. The heaters of the solitary confinement units were placed in the main corridor. Prisoners who were kept in solitary confinement got one hour of outdoor exercise a day, but the yard where they spent it was not larger than 15 square meters. 1.5.8. Use of force and arms The Director said that under his government there were no cases of illegal use of force and arms. The delegation was not able to verify this claim by interviewing inmates and did not gather other evidence to the contrary. The guards however carried truncheons on their belts and the prisoners were apparently very afraid of them. It was unclear what the exact procedure for applying force was, and the question whether medical checks were carried out after force was used, also remained unanswered. The prison personnel knew of no cases of sexual or physical abuse between prisoners. 1.5.9. Contacts with the outside world The delegation was told that all visits took place only during weekends and the inmates could be visited by their families and partners. However, most of the inmates came from destroyed families (divorced parents, no family at all, families with low social status, alcohol- and drug-addicted parents); 70% of them got no visits whatsoever. Those who behaved well were rewarded with home leave. There was only one, very narrow room for visits, which was used for the pre-trial unit and for the disobedient juvenile prisoners, who had not deserved to go home or to meet their relatives outside the prison. This room was divided in two parts by a glass wall. The visitors and the detainee/prisoner did not have physical contact, and could talk only through the small holes in this wall. A guard was always present and there was no privacy for the prisoner/detainee and his visitors. As the room was very narrow, one could not receive more than two visitors at a time. The inmates also had contacts with their lawyers, but the contacts were restricted to only 15 minutes. In the visits room, a glass wall separated the lawyers from the prisoners. The Director gave a strange explanation to this – that it was supposed to protect the lawyer from a possible attack. There was a paid phone in the prison yard. When the prisoners wanted to make a call, they had to ask the educator or the psychologist to dial the number. Several times journalists expressed their interest to come and visit the prison. If they wanted to visit the prison, they needed a special permission. 1.5.10. Activities The daily schedule of the juvenile prisoners included: 06:30 Prisoners get up and wash 07:00 Breakfast 07:30 Line-up and report 08:00 - 14:00 Those prisoners who work outside, leave to work 11:00 Midmorning snack for those who stay in the prison 14:00 - 14:30 Lunch 15:00 - 17:00 Free time 17:00 – 18:00 Tea time 18:00 - 18:30 Second line-up 18:30 - 19:00 Supper 21:00 Bed time During the soccer championship the prisoners could watch TV until 22:00, until the lights were out. The inmates who worked did so from Monday to Friday, and Saturday and Sunday were work-free days. The juvenile prisoners could play soccer, basketball, and volleyball in the open every day. There was table tennis, chess and different board games, and they had a small fitness club. They could watch TV, read newspapers and magazines. An educator and a psychologist were part of the prison staff, and their task was to work on the re-socialization of the juveniles five days a week. They talked with the juveniles, helped them solve their problems, and tried to prevent violence and problems between inmates. They also accompanied the juveniles outside the prison to the movies and to some sports events. These groups were not bigger than ten. The educator and the psychologist stated that they often attended seminars and conferences in order to improve their work with juveniles. Neither the psychologist, nor the educator gave any concrete information on their work, and stuck to some general statements. About 60% of the juveniles had not completed their elementary education, while four of them or 20% of all prisoners were completely illiterate. Though LES Article 218, paragraph 1, says that “a teaching of elementary upbringing and education, as well as other kinds of vocational training of the juvenile convicts may be organised in the juvenile institution depending on its conditions and possibilities”, a school had not been organized in the prison. In the last three months a professor from the University of Ohrid had started to teach at the prison, and two groups of students were put together. One was made up of those who were completely illiterate and the other one was made up of those who had elementary education. There were some class photos, but all were taken on 22 April 2004. The Director stated that he expected a school to be set up in the prison this year. No religious activities and religious services were held in prison. The Director explained that the inmates did not show any interest for these activities. However, according to the Director, if an inmate wanted to practice his religion, there was no problem to fulfill his wish. There was also a library prison. The prison personnel informed the delegation that the juveniles did not use it. 1.5.11. Inspections The prison was visited by officials of the Ministry of Justice. The Director said that the CPT visited the Ohrid juvenile prison twice as did different NGOs. He did not specify the names of these NGOs. The Director claimed that he started the initiative to invite NGOs to the prison, though he did not mention any recommendations or documents left after these visits. Given his attitude to the IHF visit and his refusal to allow private interviews with inmates, it was hard to trust his words on how he appreciated the NGO visits. |
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