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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: The French prison system is currently undertaking an information gathering exercise and audit of its legal services (situational analysis, organisation chart, workload, work power, variety of tasks…). The objective is to work towards an institutional strengthening of the legal support offered and provided to its prisons. To this end, it would be most helpful to have an overview of the legal organisations and legal counselling available in other prison services. A comparative view would enlighten this priority and help to possibly consider transposing certain practices.
Yes. There are different legal professionals inside prisons and also others belonging to the general administration.
If yes, what kind of legal assistance is provided to the prisons and does it extend to the implementation of legislative reforms or securing the legal framework?Jurists inside prisons are the ones to give advice to the directors and also inmates about the legal aspects of sentence execution. They also take part in most of the prison boards.
How are cases brought against the state by inmates or prison staff handled? Does your country have legal representation in court?Legal professionals belonging to the general administration represent the interest of the prison service in court.
Are there any staff working in your prisons that are dedicated to ensuring legal assistance on penitentiary issues, such as inmates’ rights? What qualifications would be required for that position and what would the job description be?Yes, answered before. They have legal background.
Concerning criminal and penitentiary law ; what sort of training is typically received by Prison Staff (Directors and Officers for instance)?Legal traning is a part of the initial training but also an important part of the ongoing training.
Pursuant to the Regulation on internal organisation of the Ministry of Justice and Public Administration (Official Gazette 97/2020), the prison system in the Republic of Croatia has been organised within the Directorate for Prison System and Probation of the Ministry of Justice and Public Administration. The Directorate for Prison System and Probation consists of a Central Office for Prison System and a Central Office for Probation, and of 25 penal bodies (7 penitentiaries, 14 prisons, 2 juvenile correction institutions and 2 centres) and 14 probation offices. Within the Central Office for Prison System, there is a Sector for Administrative Affairs of the Prison System that provides legal support to penal bodies, and within the Central Office for Probation System, a Department of Legal Support to the Probation System has been established that provides legal support to probation offices. Also, in the penal bodies of the Prison System, Departments for general and legal affairs have been established.
If yes, what kind of legal assistance is provided to the prisons and does it extend to the implementation of legislative reforms or securing the legal framework?Pursuant to the Regulation on internal organisation of the Ministry of Justice and Public Administration, the prison system in the Republic of Croatia has been organised within the Directorate for Prison System and Probation of the Ministry of Justice and Public Administration. The Directorate for Prison System and Probation consists of a Central Office for Prison System and a Central Office for Probation, and of 25 penal bodies (7 penitentiaries, 14 prisons, 2 juvenile correction institutions and 2 centres) and 14 probation offices. The Central Office for the Prison System monitors and supervises, among other things, the legality and regularity of the work and conduct of penal bodies. Also, performs legal and professional tasks of managing penal bodies and performs tasks of harmonization of practice and actions of penal bodies.
How are cases brought against the state by inmates or prison staff handled? Does your country have legal representation in court?Pursuant to the Regulation on internal organisation of the Ministry of Justice and Public Administration, the prison system in the Republic of Croatia has been organised within the Directorate for Prison System and Probation of the Ministry of Justice and Public Administration. Therefore, the Ministry of Justice and Administration represents the competent State Attorney's Office before the courts in civil lawsuits for damages. Also, in accordance with the provisions of Article 186. a of the Civil Procedure Act, a person who intends to file a lawsuit against the Republic of Croatia is obliged to apply for an amicable settlement of the dispute to the competent state attorney's office before filing a lawsuit.
Are there any staff working in your prisons that are dedicated to ensuring legal assistance on penitentiary issues, such as inmates’ rights? What qualifications would be required for that position and what would the job description be?In the Republic of Croatia the internal organizational units of penal bodies are established for the purpose of performing security, treatment, general and legal affairs, health care, labour and vocational education of prisoners, financial and bookkeeping and other affairs in accordance with the needs of the service. Staff of the Departments for general and legal affairs in penal bodies carry out the following activities: ensuring the protection of guaranteed rights of prisoners, providing professional legal assistance to prisoners in connection with the protection of their rights, conducting disciplinary proceedings against prisoners, managing and developing human resources, preparing draft regulations and decisions for civil servants and employees, and other jobs that enable the management and operation of the prison. In accordance with the Ordinance on Internal Order of the Ministry of Justice and Administration, civil servants who perform legal affairs in Penal bodies must graduate from the Faculty of Law and have a certain number of years of work experience in legal affairs (depending on the position).
Concerning criminal and penitentiary law ; what sort of training is typically received by Prison Staff (Directors and Officers for instance)?Pursuant to The Execution of Prison Sentence Act (Official Gazette 14/2021) managers/directors of penal bodies must have at least four years of work experience with a qualification in higher education, at least four years of work experience in the prison system or at least one year of work experience in a managerial position in the prison system so they are not obliged to undergo additional training. We point out that in the prison system of the Republic of Croatia, a Training Center has been established specifically for prison system employees, so managers/directors of penal bodies can undergo various types of training intended for prison system employees. Also, employees of the judicial police who are admitted as trainees can be recruited exclusively by way of public announcement. During the internship, lasting 12 months, a trainee is required to attend and complete training (basic course lasting about 4 months), pass the title exam and pass the state exam no later than one year from the date of commencement of work in the state services. During the internship, lasting 12 months, a trainee is required to attend and complete training (basic course lasting about 4 months), pass the title exam and pass the state exam no later than one year from the date of commencement of work in the state services. In addition to the already mentioned basic course, judicial police officers attended other training programs, together with all other prison staff. Some of the programmes that are closely specialized for the police are: Training in the application of IT solution applied in the prison system (ZPIS), IT in the daily work of judicial police officers, “Defence from a knife attack”, “Securing the scene of a crime committed in prison”, “Dynamic Security”, “Searches” etc. Other employees, after being employed in the prison system together with colleagues from the probation service, take an introductory course at the Training Center.
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The Swedish Prison and Probation Services (SPPS) does have a legal department at national level.
If yes, what kind of legal assistance is provided to the prisons and does it extend to the implementation of legislative reforms or securing the legal framework?The legal department provides legal assistance with a wide range of legal questions, including but not limited to, inter alia questions concerning data protection, the act on Imprisonment (Swedish Code of Statutes 2010:610) and the Act on Detention (Swedish Code of Statutes 2010:611) to the entire SPPS at all levels, national, regional and local. The data protection officer is part of the legal department and also provides guidance on legal matters concerning data protection. The legal department does provide legal assistance in the implementation of legislative reforms. The legal department is also involved when the government is considering new legal reforms concerning the SPPS. The SPPS also has the mandate to produce regulations and general guidelines as a compliment to many of the laws that regulates the SPPS:s operation. This is done by the legal department. The legal department is responsible for producing governing documents in many areas to ensure that the SPPS follows the laws that apply to the SPPS.
How are cases brought against the state by inmates or prison staff handled? Does your country have legal representation in court?In cases where the SPPS is sued in court by an inmate e.g. for damages an employee from the legal department is usually handling the matter and represents the SPPS:s in court both orally and in written responses. The same applies if an employee sues the SPPS. When an inmate wants damages e.g. for lost items the SPPS can try the claim locally or nationally in the latter cases the legal department handles the claims. It is also possible for inmates to appeal decisions by the prisons and remand prisons to administrative courts. An employee from the legal department represents the SPPS:s in court both orally and in written responses in these cases as well. In Sweden we also have an ombudsmannasystem that handles complaints. The Justiekansler (the chancellor of justice, JK) act as the Government's ombudsman in the supervision of authorities and civil servants and represent the State in legal disputes, primarily actions for damages against the State. The Justitieombudsman (The Parliamentary Ombudsmen, JO) are appointed by the Swedish Riksdag (parliament) to ensure that public authorities and their staff comply with the laws and other statutes governing their actions. The Diskrimineringsombudsman (the Equality Ombudsman, DO)is a government agency that works on behalf of the Swedish parliament and government to promote equal rights and opportunities and to combat discrimination. When an inmate or employee complains or asks for damages the JK, JO or DO orders the SPPS to respond, and the legal department usually responds.
Are there any staff working in your prisons that are dedicated to ensuring legal assistance on penitentiary issues, such as inmates’ rights? What qualifications would be required for that position and what would the job description be?There are employees at the prisons and remand prisons that make decision in cases where an inmate for example wants to make a phone call, have someone visit them or wants to keep a razor in his room etc. They however are not working to ensure legal assistance on penitentiary issues. All employees are however educated in such matters when they are first employed by the SPPS. The legal department however provides legal assistance to all of the prisons and remand prisons via mail or phone in such matters. The legal department also educate the prisons and remand prisons and help evaluate the operations in prisons and remand prisons.
Concerning criminal and penitentiary law ; what sort of training is typically received by Prison Staff (Directors and Officers for instance)?During the mandatory training, before permanent employment, Officers undergo 31 hours of lectures and excercises concerning the legislation and regulations governing the SPPS. In the management training offered only work environment legislation is covered at the present, although discussions about expanding the scope to include other relevant legislations is ongoing.
In Finland we have a legal department at a national (Central Administration) and a regional level (Criminal Sanctions Region of Southern / Western / Eastern and Northern Finland). In the future they will be centralized in one national department.
If yes, what kind of legal assistance is provided to the prisons and does it extend to the implementation of legislative reforms or securing the legal framework?The legality of the operation of the Criminal Sanctions Agency and its units and officials is monitored within the Criminal Sanctions Agency by the internal control of the administrative branch. The Central Administration of the Criminal Sanctions Agency monitors the overall operation nationwide and the region directors of the criminal sanctions regions monitor the operation of the units in their regions.
How are cases brought against the state by inmates or prison staff handled? Does your country have legal representation in court?If cases go to court, can the court hold a hearing. In this case, a representative of the Criminal Sanctions Agency is also usually invited.
Are there any staff working in your prisons that are dedicated to ensuring legal assistance on penitentiary issues, such as inmates’ rights? What qualifications would be required for that position and what would the job description be?No there aren’t. Our legal department are centralized currently in the Central Administration and Region centers in Criminal Sanctions regions. In the future they will be centralized in one national department.
Concerning criminal and penitentiary law ; what sort of training is typically received by Prison Staff (Directors and Officers for instance)?Lawyers of the Central Administration and Criminal Sanctions Regions organize trainings to prison staff. Moreover in the Training Institute for Prison and Probation Services it is possible to complete in-service training that maintains and furthers professional skills.
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Within the General Directorate of the Corps of Prison and Court Guard (hereinafter “the Corps”), the Department of Control and Organisational and Legal Activities is established. The General Directorate of the Corps manages and provides methodological guidance to all prison facilities and participates at the national level in the preparation of generally binding regulations related to the activities of the Corps and the custody of the pre-trial detainees and the execution of sentences of convicted persons. The General Directorate of the Corps issues internal regulations governing the various activities of the Corps. An organisational-legal unit or an organisational-legal group is established in each prison facility. Each prison facility issues its own internal regulations (i.e. at local level), which, however, must be in line with the internal regulations issued by the General Directorate of the Corps and in accordance with generally binding legislation. There is no legal department, group or unit at regional level within the Corps.
If yes, what kind of legal assistance is provided to the prisons and does it extend to the implementation of legislative reforms or securing the legal framework?See the answer above. The General Directorate manages and provides methodological guidance to all prison facilities in their respective areas of service. The General Directorate shall issue internal rules which shall also be binding on the individual prison facility.
How are cases brought against the state by inmates or prison staff handled? Does your country have legal representation in court?The General Directorate of the Corps and the prison facilities are separate legal entities and at the same time separate budgetary organisations. In court proceedings, the General Directorate of the Corps is represented by lawyers from the Department of Control and Organisational and Legal Activities (with the exception of disputes concerning service or employment relationships and social security, where the General Directorate of the Corps is represented by lawyers from the Department of Personnel and Social Activities). A prison facility, as an independent budgetary organisation, is represented by a lawyer from the Organisational and Legal Unit or the Organisational and Legal Group. The state may also be a defendant. Pursuant to Section 3 (Scope of liability) par. 1 of Act No 514/2003 Coll. on Liability for Damage Caused in the Exercise of Public Authority and on Amendments to Certain Acts, as amended, the State shall be liable under the conditions laid down in this Act for damage caused by public authorities, except for the third part of this Act, in the exercise of public authority (a) by an unlawful decision, (b) by unlawful arrest, detention or other deprivation of liberty, (c) a decision on a penalty, a protective measure or a detention order; or (d) maladministration. In accordance with Section 4 (Authority acting on behalf of the State) par. 1 of Act No.514/2003 Coll. on Liability for Damage Caused in the Exercise of Public Authority and on Amendments to Certain Acts, as amended, the Ministry of Justice of the Slovak Republic, the Ministry of the Interior of the Slovak Republic, the Ministry of Finance of the Slovak Republic, the General Prosecutor's Office of the Slovak Republic, the National Bank of Slovakia, or other state authorities established by Act No.514/2003 Coll. Act in the matter of compensation for damages caused by a public authority. In proceedings before the European Court of Human Rights (hereinafter “the ECtHR") (if the Slovak Republic is the defendant), the interests of the Slovak Republic are defended by a representative of the Government of the Slovak Republic. The representative of the Slovak Republic before the ECtHR acts as an "advocate" for the State, whose role in the proceedings is to communicate with the ECtHR on behalf of the Government of the Slovak Republic, to submit opinions on its behalf and to explain the actions of the national authorities. He also informs the Government of the Slovak Republic of its obligations arising from the decisions of the ECtHR.
Are there any staff working in your prisons that are dedicated to ensuring legal assistance on penitentiary issues, such as inmates’ rights? What qualifications would be required for that position and what would the job description be?In accordance with Section 4 par. 1 (e) of Act No.4/2001 Coll. on the Corps of Prison and Court Guard, as amended, the Corps, within the scope of its competence, provides penitentiary care for convicts serving prison sentence. A number of prison staff are involved in ensuring the rights of accused and convicted persons. Case managers play a role in this respect for convicted prisoners, independent regime officers for accused persons and, in general, social workers who work in the prisons. In all the prison facilities of the Corps, inmates are treated uniformly, human dignity is respected and the principle of equal treatment is applied. If, despite the above, accused persons or convicted persons are not satisfied with the observance of their rights in custody or in the execution of a prison sentence, they may lodge complaints pursuant to Section 65da of Act No 4/2001 Coll. For case managers and social workers, a second-cycle university degree is required; for independent regime officers, a secondary school education with a graduation diploma is sufficient. The job description for these positions is based on their service tasks.
Concerning criminal and penitentiary law ; what sort of training is typically received by Prison Staff (Directors and Officers for instance)?Each prison officer must undergo the basic vocational training at the Corps Training Institute of the General Directorate (hereinafter “the Training Institute”), which focuses on education in the field of pre-trial detention, prison sentence, protection, basic law, penology and social-psychological training. This training also includes marching preparation, physical training, medical training and shooting training. The content and number of the training activities, during which they are also provided with information on criminal law and penitentiary law (i.e. the legal regulation of trial detention and prison sentence), depends on their position and its changes. In addition, lifelong learning of prison officers is also underway. Prison officers in management positions are sent to various courses and trainings in order to improve their qualifications. Prison officers may participate in various professional seminars or training courses, depending on the focus of the seminar and the performance of their duties. Prison officers may also be posted to study for a specific qualification or to study for a further qualification.
The "Directorate-General of Prison Institutions", which is the Directorate-General of the Federal Public Service for Justice in charge of executing sentences and measures depriving people of their liberty, consists of a central administration and the external services, which include all prisons. Within the "Directorate-General for Legislation, Fundamental Rights and Freedoms", another Directorate-General of the Federal Public Service Justice, the "Directorate for Legal Support to the Prison Administration" is responsible for the legal support to the prison system (among other things, providing legal advice to internal and external bodies, organising training, drafting executive decrees and instructions, following up on legislation concerning the legal position of convicted persons, handling prison disputes, etc.). At the level of the "services of the President", a level above the various directorates-general of the Federal Public Service Justice, there is also the "Disputes and Legal Affairs Department". They deal, as far as the prison system is concerned, with disputes in personnel matters.
If yes, what kind of legal assistance is provided to the prisons and does it extend to the implementation of legislative reforms or securing the legal framework?See also answer to question 1. Prison administrations and registries and other services (e.g. psycho-social service) are supported, at their request or on the initiative of the "legal support directorate", with legal advice on the application of regulations, case law and legal doctrine relevant within the prison context. The nature of the legal advice can vary greatly, as the prison sector covers a range of different aspects. Each prison is assigned a reference lawyer who, from the central administration, enables accessible and adequate legal services. In particular, prison administrations and registries are informed about and supported in the implementation of new or amended regulations. In this context, for example, information sessions or training days are organised and concrete instructions and practical FAQs are drawn up
How are cases brought against the state by inmates or prison staff handled? Does your country have legal representation in court?The "Disputes and Legal Affairs Department" receives such summonses issued against the Belgian State and, depending on the subject of the summons, forwards them to the "Directorate for the Legal Support to the Prison Administration". The competent legal department analyses the summons and, at the level of the central administration, compiles a file, after which one of the lawyers with whom the Belgian State closely cooperates in similar cases is appointed. The lawyer represents the Belgian State in court. The legal department then analyses the decisions of the courts and tribunals and communicates relevant cases to the prisons and, if appropriate, to other departments within the administration.
Are there any staff working in your prisons that are dedicated to ensuring legal assistance on penitentiary issues, such as inmates’ rights? What qualifications would be required for that position and what would the job description be?There is no specific legal staff in the field to support and assist the prison directorates and registries in legal matters. As mentioned, this support is offered from the central administration. However, since 2019, a Supervisory Committee has been active in each prison institution, which independently supervises the prison institution, the treatment of detainees and respect for their rights. The Committees have 6 to 18 members, including at least 2 lawyers and 1 doctor. One of the members will visit the institution at least once a week and, if necessary to solve a specific problem, will make a mediation attempt between the detainee and the prison administration. They also prepare opinions and proposals for the attention of the Central Supervisory Council for the Prison System with a view to improving the treatment of persons in detention.
Concerning criminal and penitentiary law ; what sort of training is typically received by Prison Staff (Directors and Officers for instance)?In Belgium, there are 3 training centres, where training is organised for all prison staff (management, guards, administrative and technical staff, etc.). Initially, compulsory basic training is provided for security and administrative staff, which prepares them for a job in the prison and teaches them how to assist detainees towards a successful return to society. This basic training includes a number of legal subjects (criminal and procedural law, pre-trial detention, internment, internal legal status, external legal status, etc.). For the continuous development of their skills and knowledge, staff members can also attend a number of further training courses on a voluntary basis, including those on legal topics. As already explained in answer to question 2, prison administrations and registries are informed about and supported in the implementation of new or amended regulations. In this context, events such as information sessions or specific training days are organised.
The Irish Prison Service is an executive agency of the Department of Justice. The Irish Prison Service does not have legal status in it's own right, although the process of placing the Service on a statutory footing as a legal entity is underway. The Department of Justice has a Legal Unit, which provides direction and funding for certain cases involving Irish Prison Service staff or inmates, in which the Department has a particular interest. The Irish Prison Service has a Legal Unit, located within the Corporate Services Directorate, which manages Personal Injury cases for Officers, inmates and civilians; Unlawful Detention cases for inmates and Judicial Review cases for inmates. It also has responsibility for the requesting of legal advices from our Legal advisors. There is also an Employment Law section in Human Resources Directorate which deals with employment law cases for employees and judicial review cases for employees. In addition, the Operations Directorate has responsibility for dealing with Article 40 Legal cases – which refer to applications by inmates to be released from prison on the basis of unlawful detention. Also, in each prison general office there are staff that liaise with HQ and other appropriate Stakeholders, relating to legal cases ongoing within the Irish Prison Service.
If yes, what kind of legal assistance is provided to the prisons and does it extend to the implementation of legislative reforms or securing the legal framework?The assistance is provided by means of the State Claims Agency which manages certain Personal Injury cases on our behalf, by means of the Chief State Solicitors Office which assists the Irish Prison Service in the management of Personal Injury and Unlawful Detention claims. We also receive legal advice from the Chief State Solicitors Office and the Office of the Attorney General of Ireland on a wide array of topics of relevance to the Service. At present, recommendations for legislative reforms are routed through the Department of Justice.
How are cases brought against the state by inmates or prison staff handled? Does your country have legal representation in court?Cases brought against the State by inmates and/or staff are lodged in the first instance with the appropriate body. Personal Injury cases are lodged with the Personal Injuries Assessment Board, but are then reallocated to the State Claims Agency where Irish Prison Service refuses assessment by the Board. Alternatively, cases to be managed by the Irish Prison Service directly are lodge with the Chief State Solicitors Office. The Minister for Justice should be named on all proceedings as that is the correct legal entity under which the Irish Prison Service presently operates. For cases that are notified directly to the Service, we instruct the relevant body – the State Claims Agency or the Chief State Solicitors Office – regarding the proceedings and then the body liaises directly with the Solicitors for the inmate or staff member. In cases where a person acts on their own behalf, the same process is followed, except that correspondence is issued to the person directly from the relevant Legal Advisors. The way we operate in the Courts is that if the State Claims Agency is dealing with a case, then their Solicitors appear on our behalf in Court and they engage a Barrister to deal with the case. Similarly, a Chief State Solicitor will appear in Court with a Barrister nominated by the Office of the Attorney General to represent the Irish Prison Service.
Are there any staff working in your prisons that are dedicated to ensuring legal assistance on penitentiary issues, such as inmates’ rights? What qualifications would be required for that position and what would the job description be?No, the Irish Prison Service does not employ legal counsel or provide legal assistance to inmates to address their rights.
Concerning criminal and penitentiary law ; what sort of training is typically received by Prison Staff (Directors and Officers for instance)?Recruit Prison Officers (RPO) in the Irish Prison Service undergo a two year training programme which is co-delivered by an external third level institution. At the end of this programme the RPO is awarded a Higher Certificate in Arts in Custodial Care. This course is accredited and sits at level 6 on the Irish National Framework of Qualifications and is equivalent to level 5 on the European Framework of Qualifications. Semester 1 of this 4 semester programme consists of 12 weeks full time training in the Irish prison Service College. During this period RPO’s undertake learning in Foundations of Practice and Crisis and Conflict Management. One of the learning outcomes for this semester is; “Demonstrate knowledge of the systems and regulatory environment relevant to the role of the prison officer, specifically of: • The Irish Legal, Penal and Custodial systems; • Human Rights and Equality legislation; • Health and Safety legislation; • Prison-specific regulations.” This outcome is achieved by weaving and referencing the above legal principles throughout the various modules of the course and highlighting the source of legal authority for each action we undertake. In semesters 2, 3 and 4, which are more theory based, RPO’s undertake studies in such topics as; • Custodial Care Policy and Practice • Equality Diversity Cultural and Social Awareness • Ethical dimensions to Custodial care Human Rights Criminal Justice, Criminology and Penology.
Estonia has three prisons and every prison has their own legal division, which deals only with legal matters of a particular prison. In addition, there is a legal department under one prison, which deals with legal problems in all prisons. On a national level there is The Department of Prisons of the Ministry of Justice which is the central authority of the Estonian Prison Service, the task of which is to manage and develop the work of prisons. According to Imprisonment Act, The Ministry of Justice shall exercise supervisory control over prisons.
If yes, what kind of legal assistance is provided to the prisons and does it extend to the implementation of legislative reforms or securing the legal framework?Prisons receive advice, for example, on responding to lawsuits and on other legal issues, when needed or in cases where the legal question concerns not only one prison but all the prisons. The main task of the prisons legal division is to ensure the legal correctness of documents prepared in prison, advise employees on legal matters, represent the prison in court and develop the prison's legal practice.
How are cases brought against the state by inmates or prison staff handled? Does your country have legal representation in court?A person who finds that his or her rights are violated or his or her freedoms are restricted by an administrative act or in the course of administrative proceedings may file a challenge. The Ministry of Justice revieves the challenges filed against administrative acts issued or measures taken by a director of a prison. The prison service reviewes challenges filed against administrative acts issued or measures taken by other persons working at the prison. Prisoners, detained persons or persons held in custody have the right to file complaints with an administrative court against administrative acts issued or measures taken by a prison on the bases and pursuant to the procedure provided for in the Code of Administrative Court Procedure, provided that the prisoner, detained person or person in held custody has previously filed a challenge to the prison service or the Ministry of Justice, and the prison service or the Ministry of Justice has rejected the challenge, satisfied the challenge in part, denied the challenge, or failed to adjudicate the challenge during the term. Approximately 40 percent of the complaints filed to Administrative Court are filed by prisoners. If the lawsuit is brought against a certain prison the prison’s legal division prepares documents to protect the legal interests of the prison and represents the prison in court and in front of other institutions within the limits of authority. The Department of Prisons of the Ministry of Justice processes complaints about imprisonment filed and represents the state in court.
Are there any staff working in your prisons that are dedicated to ensuring legal assistance on penitentiary issues, such as inmates’ rights? What qualifications would be required for that position and what would the job description be?Every prison has legal division which among ohter issues makes sure, that inmates’ rights are protected. Staff working in the legal division have to have at least Bachelor's degree in Law. Additional traininc courses are also held every year that includes latest court practice, including Court of Human Rights practice. Also individuals may contact the Chancellor of Justice if they believe that an agency or a person performing public functions has acted unlawfully. Chancellor of Justice expresses an opinion, assessing whether a person performing public functions had complied with the law. The Chancellor will determine the form of procedural acts and other details of administrative procedure on the basis of the right of discretion. Procedure shall be purposeful, efficient and straightforward, conducted without undue delay and impartially in order to ensure the necessary inquiry. Acts of ill-treatment can also be detected and investigated during the regular visits to places of detention.
Concerning criminal and penitentiary law ; what sort of training is typically received by Prison Staff (Directors and Officers for instance)?Prison employees are trained at the Estonian Academy of Security Sciences, where they can acquire vocational training, professional higher education or further education. Estonian Academy of Security Sciences is responsible for training prison officers on applied higher educational and vocational level. Vocational training of prison officer - 1 year; applied higher education of correction specialty – 3 years; vocational training, continuing training on the basis of professional higher education – 5 months (case manager), 7 months (information and investigation officer). Additionally, it is possible to study at the internal security master’s programme at the academy. College of Justice provides education to students who are interested in law, justice and safety of the society. For exaple you can take classes of administrative procedure and criminal law in prison, after what students will know the basics of criminal law and criminal procedure and know how to apply them in prison regarding the offenses committed.
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In 1984 powers regarding prison services were transferred from the Spanish Central State to the Government of Catalonia (Generalitat de Catalunya) which became responsible for the organization of prisons and community sentences in Catalonia. Together with restorative justice programmes, juvenile justice and victim support, prison and community sentences are under the responsibility of the Secretariat of Criminal Sanctions, Rehabilitation and Victim Support (hereafter the Secretariat), all of which is assigned to the Ministry of Justice of the Government of Catalonia. The Decree 47/2022 of 15 March, restructuring the Ministry of Justice, in addition to the Legal Advice Unit (Servei d'Assessoría Jurídica) which serves the whole of the Ministry, includes as well an additional Legal Advice Unit specifically for the Secretariat. According to art. 107 of the Decree 47/2022, this Unit has, amongst others, the responsibility of providing legal advice to the different units and departments into which the Secretariat is structured, and it has therefore a degree of specialisation on topics related to prison, community sanctions juvenile justice and vicitim support.
If yes, what kind of legal assistance is provided to the prisons and does it extend to the implementation of legislative reforms or securing the legal framework?As mentioned, art. 107 of the Decree 47/2022, the Legal Advice Unit of the Secretariat provides legal advice to different units and departments into which the Secretariat is organised which includes prison establishments and juvenile justice centres. It also reports and informs about the new legal developments on topics relevant to the Secretariat. In addition, it works in collaboration with the Legal Advice Unit of the Ministry of Justice, which oversees the entire Ministry, for the preparation of preliminary draft bills and other legal instruments on matters concerning the Secretariat responsibilities.
How are cases brought against the state by inmates or prison staff handled? Does your country have legal representation in court?The Legal Department (Gabinet Jurídic) of the Catalan Government which is ascribed to the Ministry of the Presidency, holds the legal representation and defence of the public administration of the Government of Catalonia before the courts (including civil, criminal, labour and administrative law matters). This is a body different from the Legal Advice Unit of specialised in the Secretariat subjects and from that of the Ministry of Justice. Moreover, when a civil servant becomes a crime victim while in duty, on his/her request, the attorneys of the Catalan Government ascribed to this Legal Department can appear in court as private prosecutors. Finally, the Legal Advice Unit of the Secretariat and that serving the whole of the Ministry of Justice, coordinate their efforts to provide legal assistance to its units, departments and facilities.
Are there any staff working in your prisons that are dedicated to ensuring legal assistance on penitentiary issues, such as inmates’ rights? What qualifications would be required for that position and what would the job description be?Inmates can always be assisted by an external attorney of their choice who will follow up his/her prison situation (treatment, grade progression, sanctions, right to leaves, work, visits, activities, etc.). It can be the one that assisted them in the criminal court case or a different one. Nevertheless, the Ministry of Justice signed a Collaboration Protocol with the Catalan Council of Bar Associations (Consell de Col·legis d’Advocats de Catalunya) so that inmates in all prisons have access to a legal advice service for free. Moreover, art. 281 of the prison regulations (adopted in 1981) describes the tasks assigned to legal officers (juristes) which belong to the prison staff. They have to study all the relevant information on criminal, procedural and penitentiary matters concerning every inmate as well as inform inmates about their criminal justice, procedural and prison sentence status. In order to access a post as a legal officer in a prison, the candidate should hold a law degree and pass a selection process and a competitive examination. In their relation to the prison administration, inmates retain their rights as citizens as laid down in art. 25.2 of the Spanish Constitution and art. 3 of the Organic Law on the Prison System and art. 4 of the Prison Regulations. Against this legal background, inmates are entitled to submit petitions or complaints concerning their prison treatment or their life regime in prison to the Directorate General of Prison Services and to the Prison Supervision Court (Juez de Vigilancia Penitenciaria), who is responsible for safeguarding their rights. In addition, inmates can also submit a complaint against the prison administration to the Ombudsperson of Catalonia (Síndic de Greuges) or that of Spain (Defensor del Pueblo).
Concerning criminal and penitentiary law ; what sort of training is typically received by Prison Staff (Directors and Officers for instance)?The Centre for Legal Studies and Specialised training is an autonomous body ascribed to the Ministry of Justice. It was created in 1990 and its fundamental mission is to provide initial training and continuous education for the staff working at the different departments of the Ministry including prisons, probation, juvenile justice, victim support and restorative justice programmes amongst others. Its aim is to improve and strengthen the quality of the service provided. It is also a founding member of EPTA. Another pivotal activity of the CEJFE is to conduct research in the fields of criminology, enforcement of sentences, administration of justice and the Catalonia’s own body of laws. On an annual basis the CEJFE delivers a training programme meant to all the staff working for the units, departments and prisons and other facilities of the Secretariat. It includes courses and training about topics related to criminal and penitentiary law and fundamental rights.
Before answering the questions of this questionnaire, it is necessary to clarify what follows. In the Italian Penitentiary System, there is one Office, established at central level in the Administration Headquarters (with regional branches established at the Regional Directorates of the penitentiary Administration) which is in charge of legal affairs. Nevertheless, this does not mean that this Legal Office provides legal assistance to prisons, nor to inmates or prison staff. Indeed, the Legal Office was established in order to defend the State when it is summoned before one court by its staff, by prisoners or by third subjects having relations with the Administration (e.g. subjects participating in tenders, bids, contracts or having credits)
If yes, what kind of legal assistance is provided to the prisons and does it extend to the implementation of legislative reforms or securing the legal framework?That office does not provide legal assistance to prisons
How are cases brought against the state by inmates or prison staff handled? Does your country have legal representation in court?The central Office and the legal regional services receive the complaint against the State, then they ask the establishment where the controversy arose to provide a report on the events and – where the case concerns deeds – the judicial reasons which led to issuing those deeds. The establishment also provide any document useful to support the defence of the Administration as well as to ensure the principle of necessary challenge of the facts brought by the counterpart. The defence before the court can be entrusted either to the State Legal Advisory Service or to penitentiary Administration staff members (only in cases of first instance judgments before the Tribunal in its capacity of Labor Court).
Are there any staff working in your prisons that are dedicated to ensuring legal assistance on penitentiary issues, such as inmates’ rights? What qualifications would be required for that position and what would the job description be?As mentioned above, we do not have this position in our organizational chart
Concerning criminal and penitentiary law ; what sort of training is typically received by Prison Staff (Directors and Officers for instance)?The prison governors (directors) have an academic background in law. This is one of the requirements for being recruited by the Penitentiary administration as director of prisons. During their induction training, the directors receive lessons on specific themes related to penal and penitentiary laws that are strictly connected with the frame of their responsibility. The same approach is applied to the Officers with special focus on penitentiary matters and rights of prisoners
Latvian Prison Administration’s Central Office has the Legal Department.
If yes, what kind of legal assistance is provided to the prisons and does it extend to the implementation of legislative reforms or securing the legal framework?The Legal Department of the Administration provides legal support to all prisons: - legal advice is provided to prisons on request; - draft orders drawn up by the prison on various matters relating to the exercise of the prison's functions; - legal assistance is provided, at the request of the prison, in the preparation of various documents relating to the functions of the prison. The Legal Division of the Administration participates in the drafting of normative acts relating to the functioning of prisons, legal support is provided to the drafters of normative acts, and normative acts are forwarded through the Legal Department to the Cabinet of Ministers and the Saeima of the Republic of Latvia for further approval.
How are cases brought against the state by inmates or prison staff handled? Does your country have legal representation in court?Cases brought by prisoners against the State are initially examined by the Central Office of the Latvian Prison Administration, and if the prisoner is not satisfied with the outcome of the examination of the case, the prisoner applies to the Administrative Court of the Republic of Latvia, and then the court examines the case further. The Legal Department of the Central Office of the Administration represents the interests of the Latvian State in litigation with prisoners.
Are there any staff working in your prisons that are dedicated to ensuring legal assistance on penitentiary issues, such as inmates’ rights? What qualifications would be required for that position and what would the job description be?There are no legal departments or separate staff with legal training in prisons in the Republic of Latvia to provide legal advice and services to prisoners. Prisoners may seek legal assistance from another state institution of the Republic of Latvia - the Legal Aid Administration.
Concerning criminal and penitentiary law ; what sort of training is typically received by Prison Staff (Directors and Officers for instance)?N/A