There are certain groups of sentenced prisoners who must be held isolated from others. This is done to ensure the safety of those who are considered more vulnerable.
Placement in these groups may depend on the characteristics of the person such as age, gender, sex or the personal circumstances of the person in question such as the crime they have committed, their religious beliefs, nationality, sentence execution regime etc.
Groups that must be held separately
Slovak law lists those groups of sentenced prisoners who must be held isolated from each other at all times:
- men and women
- minors and adults
- prisoners assigned to a certain degree of security (minimum, medium or maximum level of security)
- prisoners assigned to a certain internal differentiation group within the prison based on a psychological examination, behavior of the person, attitudes towards the fulfillment of duties.
In exceptional circumstances, if you are moved to the prison hospital you may meet other groups of prisoners.
important Persons arrested on remand (in Slovak: obvinení vo väzbe) and convicted prisoners (in Slovak: odsúdení) are held in separated prisons. While first group is placed to prisons for detention on remand, the second group is placed to prisons for execution of the prison sentence.
According to Slovak law, the court must indicate within the sentencing judgment the level of security that is assigned for sentenced person. A distinction is made between the minimum, medium and maximum level of security according to gravity of the committed crime and the imposed punishment. Those sentenced to life imprisonment and those who have committed a particularly serious crime with a minimum 15-year sentence are placed in prison with maximum security. The higher level of security means the higher range of restrictions for prisoner.
Other reasons for isolation
There may be situations when you are in danger of harassment or ill-treatment because of your personal circumstances (e.g. your nationality, religion, cooperation with prison staf, etc.). In those situations, the prison administration must react to any threats and, if necessary, transfer you to a different cell or prison.
If the prison administration is not aware of threats to your safety because of your personal circumstances, you should alert the prison staff immediately. However, if the danger to your safety is obvious or foreseeable, the prison administration must act to protect you even without your special request.
important The prison administration cannot isolate you from other prisoners just because you differ from others, unless there is a real need for such isolation.
What human rights violation may there be?
Prohibition against inhumane or degrading treatment
If you are not isolated from other inmates who may pose a serious threat to your safety, and because of that you are exposed to violence, harassment or constant threats, it may lead to a violation of the prohibition against inhumane and degrading treatment.
However, not every minor conflict with a cellmate will be considered a danger to your safety.
example If you have been placed in a cell with a person who swears a lot, most likely this will not violate your rights. However, if you experience verbal harassment and threats from your cellmates for several months, but the prison administration does not react to your complaints, it may result in a violation of your rights even if no actual physical violence has taken place.
Read more about the duty to investigate and prevent such treatment.
Right to life
In the most serious situations, a failure to isolate someone from other inmates may lead to a loss of life.
Read more about how to evaluate whether the right to life has been violated.
How to complain
If you believe that your rights have been violated, you should complain. Read more about how to complain.