Addressing Public Perception and the Challenge of Parole
The treatment of convicted prisoners is the topic that has always been the focus of the general public, just as well as the panel court policy. This important issue is often discussed not only by scientists and experts but also by those who are not qualified and without adequate knowledge, which in many cases may lead to moral insecurity among people and widespread condemnation of those who judge as well as of those who are in charge of executing detention sentence. Additional problems (controversies) arise when a court passes a sentence that is closer to a legal minimum and then a convicted person is paroled under some legally prescribed conditions. Similar to the principle of parole, the public strongly disapproves of the early release of convicts, which is in most systems decided by the prison management. Although there are a lot of opposing views, there is also a general attitude that contemporary systems of executing criminal sanctions are based on the principle of humane treatment of convicted prisoners that should, in the broadest sense, encourage their successful social reintegration.
International Efforts to Establish Standards
International documents in this field, no matter if they were produced by the United Nations (UN) or some regional organizations like the European Union (EU) strive to introduce standards and rules that will lead to the achievement of basic goals of the previously mentioned reintegration and reduction of the recidivism rate. When it comes to the execution of detention sentences Standard minimum rules for the treatment of prisoners (Rules) are considered the most important within the international framework. Those rules were adopted in 1955 at the first UN Congress held in Geneva on the Prevention of Crime and the Treatment of Offenders. With The UN General Assembly resolution no. 70/175 from December 17 2015, the new – revised Rules (the Mandela Rules) were adopted. By decreeing the new Rules, the starting point was the Universal Declaration, as well as the fact that within the period of almost 50 years, a great number of international agreements have been reached and ratified by the majority of countries. Those agreements are as follows: the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, as well as the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishments, etc.
Photography: Ana Batrićević
Systematizing Rules for Various Categories of Prisoners
The Rules are systematized in the following way: Introductory remarks, General Rules and the Rules that refer to special categories of people: 1) convicted prisoners; 2) prisoners with mental disorders and /or health conditions; 3) arrested/untried prisoners; 4) civil, and 5) remand prisoners. Every section is in its essence connected to the General Rules, i.e., it deals with specific elements of some categories of prisoners. What is important to emphasize, however, is the fact that the Rules tend to establish good, generally adopted principles and practices but leave enough space for permanent development in the field of imprisonment. Also, we should bear in mind that the Rules have general elements, i.e., the elements applicable to all categories of prisoners, but, on the other hand, they do not recognize the individual needs of specific categories like women or juveniles.
The Purpose of Detention Sentences
The main purpose of detention sentences and similar measures when a person is deprived of liberty is to protect society against crime and to reduce recidivism. The purpose is achieved only if the time spent in prison is used to help successful reintegration. It implies offering education, vocational training, work, as well as other forms of assistance that are appropriate and available, including those of remedial, moral, spiritual, social and health- and sports-based nature. All these activities should be organized in line with the individual treatment needs of prisoners. The differences between life in prison and at liberty should be minimized respecting the dignity of prisoners as human beings. Besides that, the Rules in one segment insist on positive discrimination so that prisons and correctional facilities should apply all necessary measures to ensure that prisoners with physical, mental and other disabilities have equal opportunities when it comes to participating in prison life.
Preparation for Release and Individual Treatment
Convicted prisoners are recognized as a special category – the category of people that are deprived of their liberty and in line with the General Rules, the importance of preparing them for release is emphasized in this part. It implies applying measures that encourage adequate postpenal social acceptance. In other words, in the treatment of prisoners, their cutting off from the community should not be emphasized, but on the contrary their belonging to the society. It actually means that the preparation for their release starts right after their imprisonment.
Individualized Treatment Programs and Risk Assessment
Imprisonment should serve its purpose, so it is necessary to design an individual treatment programme adapted to every single convict. Convicts should be grouped depending on the particular programme treatment. Although it is not explicitly mentioned, this grouping in practice is made based on the level of risk, as well as by applying the questionnaire for the risk assessment, capacity and prisoners’ needs. To separate specific groups of prisoners, it is recommended to have prisons with different levels of security.
Encouraging Positive Behavior and Ensuring Discipline
To motivate prisoners to accept the treatment programme, the reward system is encouraged. It should be designed to suit different categories of prisoners and different ways of treatment. Its main aim is to stimulate good behaviour and develop a sense of responsibility with prisoners. When it comes to order and security in prisons, the Rules also deal with disciplinary measures and punishments of convicted prisoners starting from strictly forbidding torture, then the application of the principle of proportionality between the offence and disciplinary measure, but also, for example, the time spent in solitary confinement, etc.
Improving Quality of Life and Reducing Recidivism
Although only a short review of some basic principles is given here, the ones that the Rules are based on, we should bear in mind that respecting them may hugely contribute to the improvement of the quality of life in prison. At the same time, it would lead to a reduction in the level of imprisonment, which is typical of those who serve a long-term prison sentence. Moreover, it can contribute to giving up committing criminal offences, which would eliminate recidivism.
Nikola Vujičić