Criminological research shows a relatively low rate of crime committed by people with disabilities. The legal status of prisoners with disabilities is insufficiently regulated, which is evident in the fact that prisoners with disabilities are not mentioned in any provisions of the Rulebook on House Rules of Penitentiary Institutions and District Prisons. It shows that the highly specific position of persons with disabilities has not been adequately recognized in by-laws, which are important for the execution of criminal sanctions in penal institutions. Besides, most correctional facilities in Serbia are not accessible to persons with disabilities.
Prisoners with mental disabilities are in a particularly difficult position. Provision 12.1 of the European Prison Rules stipulates that persons with mental illnesses whose mental health precludes their confinement to a penal institution must be placed in an institution specifically designated for persons with mental disabilities. Despite of this provision, there are cases where convicted persons with severe mental disorders are placed in institutions for the execution of criminal sanctions which do not have adequate conditions for their treatment. These persons either came to the institution with a pre-existing mental disorder or developed a mental illness while serving the sentence. The major problem in exercising these persons’ right to adequate medical care is the lack of educated staff (psychiatrists). As a result, their therapy is reduced to the use of medication, and there are no alternative forms of treatment, such as psychotherapy, psychosocial rehabilitation, etc.
Convicted persons with physical and sensory disabilities are in a similar position. Penal institutions often do not have adequate living and accommodation facilities to meet the specific needs of physically impaired prisoners who need to use wheelchairs or other orthopedic (mobility) aids pertinent to their type or degree of disability. This situation is closely related to the basic etiological issue pertaining to the low rate of criminal offences committed by persons with disabilities. According to the prevailing frustration/aggression theory, the criminality of persons with disabilities is the result of a reaction to the frustration that occurs due to their exclusion from social life, which is caused by the disability as a personal feature. Yet, the interactionism theory seems to be more acceptable for explaining the criminality of persons with disabilities, particularly given the fact that persons with disabilities are often stigmatized by society through different stereotypes labels and prejudices, and thus kept outside both pro-social and anti-social trends.
Another form of discrimination encountered by convicts with disabilities is the lack of appropriate treatment adapted to their specific needs and degree of disability. There is a lack of suitable occupational therapies for people with disabilities. As the general objective of serving a prison sentence is to resocialize the convicted offenders and prepare them to face all the challenges of daily life after they serve the prison sentence, it is extremely important to pay special attention to the planning and implementation of treatment programs for convicts with disabilities.
Source: AI: Wonder.
Although the position of prisoners with disabilities is difficult, it can be improved. First of all, it is necessary to create relevant conditions for the unobstructed life and work of this category of prisoners, which may be achieved by removing architectural barriers and creating an accessible environment by observing architectural standards. A positive example is the new District Prison in Kragujevac, which is equipped with rooms for prisoners with disabilities.
In order to achieve the goals of correctional treatment, it is vital to devise and implement appropriate occupational training workshops and other forms of treatment which must be adapted to the needs of convicts with different types disabilities. In terms of improving the medical protection of persons with disabilities, it is important to ensure that convicts with disabilities are under the constant supervision of relevant medical staff, particularly considering that the very presence of disability often entails a great risk to convicts’ general health. It certainly does not imply a higher level of medical treatment for these convicts in relation to the general convict population, which may be perceived as discrimination. It simply implies providing a relevant level of medical care and supervision in response to the specific impact of disability on the inmates’ general health.
It is also necessary to amend the Rulebook on the House Rules of penitentiary and correctional institutions and district prisons. The Rulebook has to be made available in Braille script or as an audio recording for all visually impaired prisoners. Each convicted person with a disability must be provided relevant accommodation in compliance with the person’s needs, the type and degree of disability. These factors must be taken into account in the process of creating treatment groups, in order to ensure optimal conditions for implementing treatment programs. Given the important role of practical and purposeful work in the process of resocialization of convicted offenders, prisoners with disabilities should exercise the right to work according to their capacity and ability. They should be entitled to the services of personal assistants; this non-institutional service (already available to persons with disabilities in several Serbian cities: Belgrade, Novi Sad, Niš, etc.) may significantly facilitate their life in penitentiary and correctional institutions. It would also prepare the inmates for life after serving the sentence. All the presented ideas and proposals aim to contribute to improving the position of prisoners with disabilities. It is a legal and moral obligation of all relevant stakeholders in the penal system to address the problems encountered by persons with disabilities and endeavour to improve their position in penal institutions and correctional facilities for the execution of criminal sanctions in Serbia.
The right to life without discrimination is one of the most important human rights, which is also applicable to prisoners with disabilities. It is a well-known fact that all the socio-economic conditions of life are projected onto the lives of prisoners in various institutions for the execution of criminal sanctions. People with disabilities generally face numerous forms of discrimination. In the prison environment, in addition to discrimination, they encounter security risks which may aggravate and hinder the process of their resocialization and reintegration into society. Thus, it is necessary to continuously work on eliminating all forms of discrimination against prisoners with disabilities. It is especially important to raise awareness of the staff working in correctional institutions and district prisons, of other prisoners and prisoners with disabilities themselves that disability is a personal property that one can live with as with any other property, and that it is by no means an illness. which should be treated. It is also essential to genuinely believe in the idea of resocialization and work towards this goal in each specific case. This is the only way to justify the existence of institutional criminal sanctions and to ensure the effectiveness of the criminal justice system. In this way, institutions for the execution of criminal sanctions will truly become places for the resocialization of persons who, at some point in their lives, came into conflict with legal and social norms.
Filip Mirić, LL.D.