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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: Croatian Ministry of Justice is working on the new Law on the Enforcement of the Prison Sentence. For this purpose, the Ministry is hoping to collect European best practices on possibilities for prisoners to establish and participate in different forms of prisoners’ associations.
Yes
Please stipulate and describe legal framework allowing or preventing such forms of association.The common way of prisoners’ unions is the prisoners’ Council (in Swedish förtroenderåd). Act on Imprisonment (Swedish Code of Statutes 2010:610), Chapter 4 Leisure, Section 5 A prisoner shall be given the opportunity of meeting with other prisoners in some suitable way to discuss matters of common interest to the prisoners (prisoners’ council). A prisoners’ council shall be given the opportunity of holding discussions in some suitable way with the management of the prison. European Prison Rules, rule 50. Subject to the needs of good order, safety and security, prisoners shall be allowed to discuss matters relating to the general conditions of imprisonment and shall be encouraged to communicate with the prison authorities about these matters. The prison regulations (FARK Fängelse) also describes that participating in a meeting with the prisoners council is regarded as leisure time. If not possible to be held at leisure time it can be held during the inmates working hours.
Please briefly share your experiences with prisoners' associations (positive and/or negative)The experience with this type of associations is positive. It serves as a platform for collaboration and exchange of ideas and opinions that can lead to improvements.
Can prisoners join associations (NGOs) which are established and operate outside of the prison (in the community), whose scope of work deals with life in prison, prisoners’ rights etc.Yes
If yes, through which communication chains do these associations approach prisoners and how do they become members?All associations in the community that permits inmates in their organizations are free for the inmates to join. There are other organizations who improve inmates' chances of leading a law abiding life after having served their sentence, some of those organizations visit the prisons on a regular basis to arrange group sessions or individual meetings. The Swedish Prison and Probation Service (PPS) offer information about these organizations and how to get in contact with them.
In CPL, there is a “representation of detainees” that is authorized to act on behalf of the collectivity of the inmates that it represents. This association mainly safeguards interests of the inmates and points out problems that inmates encounter. The association shall however not interfere in personal affairs concerning one particular detainee. The detainees who are members of the representation (a maximum of 9 detainees for +/- 600 prisoners) are allowed to gather up to two times a month. The representatives meet at least two times a year with the direction of the prison in order to address them their claims and discuss problems. Members of the representation are allowed to communicate by sending each other letters in sealed envelopes. Likewise, detainees can address letters in sealed envelopes to the representation of detainees in order to inform them of problems they encounter.
Please stipulate and describe legal framework allowing or preventing such forms of association.Article 26 of the Luxembourg Constitution foresees the right of every individual to form and join associations in compliance with the laws that govern the exercise of this right and without having to be submitted to a prior authorization. The principle is also foreseen by a law of 11th May 1936 guaranteeing the liberty to associate (“loi du 11 mai 1936 garantissant la liberté d'association”). There is no legal framework concerning prisoners associations in particular.
Please briefly share your experiences with prisoners' associations (positive and/or negative)The experiences with the detainees’ representation are in general positive, because the existence of the representation facilitates the communication between the prison direction and the inmates. During the reunions that take place between on one hand the direction and members of the staff and on the other hand the detainees’ representation, the prisoners state the various problems they encounter and possible solutions are discussed.
Can prisoners join associations (NGOs) which are established and operate outside of the prison (in the community), whose scope of work deals with life in prison, prisoners’ rights etc.There is no legal disposition prohibiting a prisoner to join an association that operates outside of the prison.
If yes, through which communication chains do these associations approach prisoners and how do they become members?The grand-ducal regulation concerning the administration and the internal regime of the penitentiary establishments foresees in its article 238 that prisoners can be visited by members of philanthropic and charitable organisations. The visit permit for these people is submitted to the approval of the attorney-general.
The right to gather it is not taken away from Slovenian prisoners. The problem is in establishing whether they would like to form some kind of organisation and set the address of the organisation. Address of such organization is not allowed to be the same as a prisons` address. If the address or seat of organisation is outside the prison there are other limitations present, such as attending meetings, appointments if prisoners do not have free exits from the prison.
Please stipulate and describe legal framework allowing or preventing such forms of association.We do not have any legal framework on allowing or preventing such forms of association.
Please briefly share your experiences with prisoners' associations (positive and/or negative)Few years ago there was an initiative by some prisoners to establish Prisoners Association. They wanted to register its seat on the prison`s address but they did not succeed in it. It is not allowed to register any other activity on the prison’s address.
Can prisoners join associations (NGOs) which are established and operate outside of the prison (in the community), whose scope of work deals with life in prison, prisoners’ rights etc.Prisoners could be members of associations outside the prison. The difficulties could be, as mentioned above, in attending meetings, appointments if they do not have free exits from the prison.
If yes, through which communication chains do these associations approach prisoners and how do they become members?We have good cooperation between NGOs and prison system. However we have not got any experience with prisoners as members of NGOs. Hypothetically there could be limits in exits outside the prison.
Service User Involvement (SUI) is encouraged in the SPS and involves a person who uses a specific service in the development, delivery, and evaluation of that service. SUI can range from informing, on the lowest level of involvement, to the service user becoming an active citizen fully engaged in all aspects of that service. Incorporating SUI in SPS is important for a number of reasons. Successful SUI projects can reduce tensions within prisons, enhance a prisoner’s skills, help them along their desistance journey and help SPS to meet Scottish Government expectations for service user involvement in the delivery of public services. SPS already has a significant number of different SUI initiatives in place throughout the different establishments. Some examples of SUI that are practised within SPS are: • Prison Surveys – the biennial Prison Survey, as well as ad-hoc additional surveys; • Prisoner Involvement Advisory Committees (PIACs); • Focus Groups – particularly food and canteen focus groups; • Equality and Diversity committees; • Peer support; • Listeners scheme; • Prisoner forums; • Personal Officer engagement; and • Commissioned and External research which often involves SUI components.
Please stipulate and describe legal framework allowing or preventing such forms of association.SPS Prison Rules 2011 and ECHR.
Please briefly share your experiences with prisoners' associations (positive and/or negative)Prisoners’ collective involvement in decision making processes on service provision is viewed positively in SPS.
Can prisoners join associations (NGOs) which are established and operate outside of the prison (in the community), whose scope of work deals with life in prison, prisoners’ rights etc.Provided the organisation is lawful and not proscribed, prisoners would have a right to join a community based organisation, although their active participation in that organisation would obviously be limited by their custodial status.
If yes, through which communication chains do these associations approach prisoners and how do they become members?Prisoners would become aware of opportunities and access these through normal channels of communication e.g. newspapers, magazines, television and radio. Prisoners are also permitted to write and receive as many letters as they wish. Additionally, each prisoner is allowed to send one letter per week at the prison’s expense.
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In Latvia the national justice system in the sentence execution area do not prohibit prisoners from establishing/joining prisoner associations, organizations, committees or similar associations – also in the general legal norms there are no such prohibitions.
Please stipulate and describe legal framework allowing or preventing such forms of association.Prisoner associations are prohibited if they are organized and participated with the aim to resist the legal operation of prison administration and to subjugate other prisoners. Associations and Foundations Law regulates the guiding principles for the activity, organisational structure, liquidation and re-organisation of associations and foundations.
Please briefly share your experiences with prisoners' associations (positive and/or negative)We do not have such experience; prisoners are not using such rights.
Can prisoners join associations (NGOs) which are established and operate outside of the prison (in the community), whose scope of work deals with life in prison, prisoners’ rights etc.Yes, prisoners can join associations (NGOs), that are established and operate outside prison (in the community).
If yes, through which communication chains do these associations approach prisoners and how do they become members?Within the framework of the European Social Fund project, in regards to NGO participation in prisoner sentence execution, there are being developed general rules for volunteers and the order for implementing volunteer work in imprisonment places. Different organizations of their own initiative can introduce prisoners with their organization work, if they have received an agreement from the Latvian Prison Administration. In addition, together with NGOs and volunteers, in imprisonment places there are organized meetings, projects, different events. A permanent cooperation has been established with several NGOs and volunteers. This kind of cooperation is supported to be more fully compliant with prisoner rights, to involve the society and to publicize as much as possible the resocialisation processes that are carried out in imprisonment places.
Yes. They can establish Convicts’ Councils and Non-governmental organizations. The activities of both should not be in conflict with the interests of work, study, regime, security and social rehabilitation.
Please stipulate and describe legal framework allowing or preventing such forms of association.Criminal Sanction Enforcement Code of the Republic of Lithuania
Please briefly share your experiences with prisoners' associations (positive and/or negative)There are two convicts’ non-governmental organizations operating in Lithuanian penitentiary institutions with 48 members involved (Pravieniškės Correction House-Open Prison Colony - 41, Marijampolė Correction house-7). They are involved in protecting the rights of convicts which usally equals to submitting comlpains to different institutions. There are no operating Convicts’ Councils in Lithuanian penitentiary institutions at the moment.
Can prisoners join associations (NGOs) which are established and operate outside of the prison (in the community), whose scope of work deals with life in prison, prisoners’ rights etc.Yes.
If yes, through which communication chains do these associations approach prisoners and how do they become members?The associations keep in touch with prisoners by letters, telephone, and by other ways in which convicts communicate with the outside world. To become a member of the association convicts apply to it in written form through an authorized person.
It is unusual for inmates who are serving a prison sentence or a security measure in Catalan Prison centres, to establish or join prisoner’s unions, organisations, committees nor any other kinds of associations while they are serving their sentence in prison. However, the General Penitentiary Law (Ley Orgánica General Penitenciaria), in its art. 3.1. provides that the inmates have the right to exercise civil, political, social, economic and cultural rights, except when they were incompatible with the object of their arrest and the execution of the sentence. Moreover the GPL as well as the Prison Regulations (Royal Decree 190/1996 of 9 February enacting the Prison Regulations which develop de GPL) foresees different ways for inmates to participate in certain aspects concerning their daily life and the organisation of the prison. In particular, it is explicitly established the need for providing legal base and fostering the means for the inmates to participate in activities and take responsibilities in educative, recreative, religious, work, cultural or sports matters.
Please stipulate and describe legal framework allowing or preventing such forms of association.Art. 3.1. of the General Penitentary Law (GPL)governs the inmates’ rights. Art 24 of the GPL foresees the participatory rights of inmates and art. 31.2 provides that the Penitentiary administration shall encourage the participation of inmates with regard to work and its planning. Arts. 55 to 61 of the Prison Regulations provide a more specific regulation of the participation of inmates in the organisation and planning of the daily activities of the prison including educative, religious, work, cultural and sports activities.
Please briefly share your experiences with prisoners' associations (positive and/or negative)The participation of inmantes in general, is always deemed positive as much as transparency, publicity, justice and voluntariness are safeguarded. The possibility that inmates could be allowed to establish or join associations, would be regarded as appropriate as far as such associations are guided by prosocial goals. The associations or unions which would destabilise the system or endanger the prison safety, won’t be considered favourable.
Can prisoners join associations (NGOs) which are established and operate outside of the prison (in the community), whose scope of work deals with life in prison, prisoners’ rights etc.From our viewpoint, as it derives from art. 3.1. of GPL, there is no explicit legal base precluding inmates from joining such kind of NGO’s or associations, as far as these are legally and officially registered and they pursue prosocial goals in line with the legislation aplicable to the prison system and the Spanish Constitution.
If yes, through which communication chains do these associations approach prisoners and how do they become members?The GPL establishes the right for the inmates to keep the communications with the exterior as foreseen by law. These communications might be written via regular mail, oral such as telephone or videoconference communications complying with the required conditions, as well as personal communications with their partner or family members.
There is no legislation that specificly regulates allowing or preventing prisoners to form or join unions, organizations, committees or similar forms of associations. General relevant regulations of any type and form of union can be found mainly in Non-profit Associations Act, Law of Obligations Act.
Please stipulate and describe legal framework allowing or preventing such forms of association. Please briefly share your experiences with prisoners' associations (positive and/or negative) Can prisoners join associations (NGOs) which are established and operate outside of the prison (in the community), whose scope of work deals with life in prison, prisoners’ rights etc.The Ministry of Justice has convened prison committees as the involvement of citizens and citizens’ associations helps ensure prisoners’ fundamental rights and assist prison management in its daily work. The requirements for members of prison committe result from the Imprisonment Act. The following persons may be appointed as members of a prison committee: who is a citizen with active legal capacity of the Republic of Estonia or a member state of the European Union and at least 21 years of age; who has not been convicted of intentionally committed criminal offences or who has not been declared a suspect or accused in a criminal proceeding; who have at least secondary education; whose level of Estonian language proficiency is C1 provided for in the Language Act or a corresponding level; who has sufficient understanding of the objectives of imprisonment and execution of imprisonment; who are prepared to assist to return of a prisoner to society; who do not have personal relationships with prisoners or persons in custody which may hinder the performance of the functions of the member of the committee. NGO-s whose scope of work deals with human rights in general, are Estonian Institute of Human Rights and Human Rights Centre.
If yes, through which communication chains do these associations approach prisoners and how do they become members?