THE RIGHT OF CONVICTS AND DETAINEES TO SECURITY

• Main Author: Jerzy Nikołajew
• Format: Article
• Language: Polish
• Published: Ministry of Justice (Poland) 2018-12-01
• Series: Probacja
• Subjects: right to security; convicts; detainees
• Online Access: http://probacja.com/gicid/01.3001.0013.3274

Prisoners’ right to the assurance of their security seems to be undisputed. The state is obliged to ensure order and security in correctional facilities and remand centres. These tasks are carried out by the Prison Service, which is treated as an instrument of the state designed to minimise threats to society. The duty of penitentiary administration is to ensure the personal security of prisoners and prison personnel as well as to prevent violence and crimes in the prison environment. The most frequent offences include rapes, fights, beatings, thefts, extortions and physical and psychological abuse. It is also about preventing acts of self-aggression among prisoners. The purpose of these deliberations is to indicate the fundamental normative regulations, as well as the practical difficulties related to their implementation. The analysis focuses mainly on domestic law and assessment of Polish penitentiary reality. However, it is also worth drawing attention to EU and United Nations standards, as well as the case law of international bodies in matters concerning security in correctional facilities and remand centres and the protection of prisoners’ right to security.