You may be punished if you have violated the internal rules of the prison. These punishments are called disciplinary sanctions.
Only disciplinary sanctions that are legally permitted can be imposed. The law has to clearly state the type of penalty that can be imposed for a specific violation. In Slovakia, following types of disciplinary sanctions may be imposed on convicted prisoners:
- Warning
- Prohibition of telephone calls for up to three months
- Prohibition of no more than two purchases of food, personal items and other items except for basic and other personal hygiene needs and basic needs for correspondence
- Ban on using one's own television or radio for up to two months
- Placement in a closed part of a prison during non-working hours for up to 20 days
- All-day placement in a closed part of a prison for up to 14 days
- Solitary confinement for up to 14 days
- Confiscation of the thing.
Disciplinary sanction does not exclude imposition of criminal sanctions in case violation of rules amounts to criminal offence.
A written decision
According to Slovak law, a disciplinary penalty may be imposed only by a written decision of a head of a prison, a head of an open part of a prison, a head of department of prison sentence or a pedagogist of a prison. Each of this person may impose different range of penalties, while a head of a prison is allowed to decide on each of mentioned sanctions.
Decision, issued in writing, must include a full description of the violation, your explanations, and the reasons why the particular disciplinary penalty was applied.
When a person imposing a penalty takes this decision, he/she must hear your opinion and explanations. This is particularly important if the potential penalty is to be placement in solitary confinement. Bear in mind that the right to be heard means that you must be able to express your opinion, but it does not require the head of the prison to agree with your opinion.
Appeal
You can appeal the decision
- to a head of an open part of a prison or a head of department for prison sentence if a pedagogist decided on a disciplinary sanction
- to a haed of a prison if a head of an open part of a prison or a head of department for prison sentence decided on a disciplinary sanction
- to a special commission of a head of a prison if a head of a prison decided on a disciplinary sanction
The decision on disciplinary sanction cannot be appealed to the court.
What human rights violation may there be?
Right to a private and family life
Depending on the type of penalty applied, serious violations of the disciplinary procedure may violate your right to a private and family life.
example If the chief of the prison has prevented you from meeting your family members as a disciplinary punishment, but such decision has not been issued in writing, it may violate your right to family life.
Right to a fair trial
Your placement in solitary confinement is comparable, in its seriousness, to a deprivation of liberty. Therefore, you are entitled to the guarantee of a right to a fair trial in disciplinary proceedings involving solitary confinement.
example If you are placed in solitary confinement for 15 days, without an opportunity to express your opinion during the decision making process, your right to a fair trial may have been violated.
Read more about the right to a fair trial.