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Unified and systematic use of
the leave system in the penitentiary
institutions
 20.06.2007
On 7 June
2007, Albanian Helsinki Committee organized a
round table on the leave system in the
penitentiary institutions[1].
The main goal of the round table was to discuss
this issue and draft some main recommendations
to guarantee unified, systematic and normal
functioning of the leave system in the
penitentiary institutions. The Minister of
Justice has requested the organization of this
activity some time ago having in mind the
difficulties faced with the implementation in
practice of leave system in Albanian prisons.
This activity was attended by the
representatives of the Ministry of Justice, the
General Directorate of Prisons as well as by all
Albanian prisons’ governors. Experts Mr. Jan van
den Brand[2]
and Mr. Peeter Naks[3]
offered their expertise in this activity.
AHC was represented
by Mrs. Edlira Papavangjeli, Programs’
Coordinator who moderated this activity.
The
experts highlighted that granting leaves to the
prisoners should be part of prisoners’ treatment
programs and planning of their sentence. In
addition, prison leaves are one of the most
important rights of persons deprived of their
liberty as provided in the Albanian legislation
and in all international documents. They
influence prisoners’ re-integration and their
behaviour in prisons. The experts brought models
of the leave system of some developed states and
provided the participants with some valuable
recommendations aiming at an effective
functioning of the Albanian leave system in
conformity with the conditions set in the
Albanian legislations in power. The Albanian
authorities were provided with a detailed study
on this issue prepared by the Euralius Missions.
 Another
topic discussed by the participants was the
amendments of the law “For the rights and
treatment of the convicted persons with
imprisonment”. The prisons’ governors and
experts suggested that this draft-law should be
object of discussions of the specialists from
the academic and especially practice field
aiming at gathering the most constructive
comments in this area.
Some of
the most important recommendations[4]
for the Ministry of Justice and General
Directorate of Prisons coming out from this
round table were:
-
Involvement of all actors especially the
staff of penitentiary institutions in the
process of drafting and amending legal and
sub-legal acts is very important;
-
The
amendment of the legal and sub-legal
framework is necessary in order to identify
in a clear and detailed way the procedures
of granting leaves to the pre-trial
detainees and prisoners and the concrete
responsibilities of each state actor in this
process;
-
There
is a disposition in the existing law “For
the rights and treatment of the convicted
persons with imprisonment” which foresees
that failure to grant ordinary leaves is
considered as disciplinary measure to the
prisoner. Meanwhile, this is not foreseen as
such in the article regarding disciplinary
measures. In this case, is necessary to list
disapproval of ordinary leaves as one of
disciplinary measures;
-
It is
necessary to identify clearly what is
considered a delayed return of the prisoner
in prison after granting the leave in the
amendments of the law “For the rights and
treatment of the convicted persons with
imprisonment”;
-
It is
necessary to define other types of leaves in
order to enrich these types with for ex.
leaves for giving different exams, leaves to
visit the family in weekend, leaves to work
during certain days;
-
The
Dutch expert provided the participants with
the experience of his countries where
failure to return to the prison of the
prisoner after granting the leave is not
considered a criminal offence as it is
foreseen in the Albanian legislation. The
expert suggested the possibility to review
these respective Albanian provisions[5];
-
It is
necessary to identify the prosecutors’ role
in the process of granting special leaves to
the pre-trial detainees since this issue is
not mentioned in the amendments of the law
“For the rights and treatment of the
convicted persons with imprisonment”. In
these amendments it is mentioned only the
role of the prosecutor in granting leaves to
the prisoners despite of the fact that the
above-mentioned law is also applicable to
the pre-trial detainees. In addition, it is
also necessary to identify the ways the
prosecutors’ preliminary consent is issued
in cases of granting leaves to pre-trial
detainees;
-
In
addition, one of the experts brought the
Dutch experience where the role of
prosecutor is very important especially in
some special cases such as in serious sexual
offence cases or homicide cases with the
objective to protect the victims. In these
cases, the prosecutor at the moment of
issuing the execution of the penal decision
sent to the prison governor has possibility
to mark and make respective notes in a
document called “execution indicator”. In
such cases it is absolutely necessary to
consult the prosecutor before the beginning
of the procedures regarding all types of
leaves including here putting prisoners in
half-opened prisons. This mechanism avoids
different problems that might happen in the
future in granting leaves to prisoners by
prisons’ governor;
-
It is
necessary to liberalize the ordinary leaves
as well as the decentralization of the
competences in the process of granting such
leaves. Providing such leaves should not be
based on very detailed criteria and should
not refer to the length of serving the
sentences;
-
Last
but not least ordinary leaves granted to the
prisoners should be developed in the context
of the preparation for release of prisoners.
A systematic plan to use ordinary leave
should be part of the overall regime for
prisoners.
[1]
This working session was realized in the
framework of the AHC’s project “A Human
Rights Approach to Pre-Detention
Management” financed by the Human
Rights and Democracy Fund, State
Department, USA.
[2]
International expert
with a long experience in penitenciary
area.
[3]
Expert from Euralius Mission in Albania.
[4]
AHC has already provided to the Ministry
of Justice written recommendations and
comments to the amended law
“For the rights and
treatment of the convicted persons with
imprisonment”.
[5]
Regarding this issue different countries
have different practices.
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