NPM Overview

Facts and figures

Recommendations

Access to healthcare

Increase access to personal health care in prison by increasing access to medical appointments and timely personal health care services, including preventive examinations for women through preventive programmes. 

Mental health

Ensure the availability of psychological services tailored to the individual needs of all inmates, to address the shortage of psychological services in Panevėžys Prison (either by recruiting more psychologists on a contract basis or by organising psychological services in other ways), and to undertake measures to ensure that all inmates' psychological needs are re-assessed, that all inmates are provided access to quality psychological services tailored to their individual needs regularly, and that the prison's staff is regularly reminded of the methodical assistance provided by the prison psychologist.

Life in prison: regime and activities

Ensure quality employment activities for inmates, address the lack of human resources (by recruiting and attracting more officers or staff responsible for organising and implementing employment) and take measures to organise and implement employment activities that respond to the needs of inmates belonging to groups in situations of vulnerability (other nationalities, elderly persons, foreign inmates and inmates with disabilities etc.).

Detention Issues

Access to mental healthcare

The psychologist is involved in the initial assessment of all new prisoners in terms of their internal risks (history of violence, tendency to violence, suicidal attempts or thoughts, etc.), emotional state (anxiety, guilt, hopelessness, appetite changes, anger, hostility, depression, sleep disturbances, etc.), marital status and other circumstances relevant to adaptation (substance use, bereavement, anxiety, interpersonal relationships, health, financial problems, etc.) in an assessment to identify the person's difficulties in adaptation, carry out a psychosocial assessment and complete a questionnaire. A simplified version of this questionnaire is also available in English, Russian and French.

A reassessment of the psychological services of convicted persons shall only be carried out when the psychologist finds, during the initial assessment, that the person tends to self-harm or has suicidal thoughts and/or intentions. In this case, the person shall be monitored according to an individual monitoring schedule. The assessment of the randomly selected individual workbooks with the inmate shows that if the inmate in the institution has self-harmed, attempted suicide or expressed such thoughts, the responsible staff member of the Resocialisation Unit shall make a suggestion in the certificate/recommendation on the specifics of the inmate's supervision, inter alia, to intensify the individual supervision of the sentenced person, to apply complex psychological, medical and social assistance, and to inform the members of the institution's Crisis Management Team in the event of any significant changes in the behaviour or mood of the sentenced person.

The assessment of the randomly selected prisoners' resocialisation plans revealed that, following an initial assessment of the inmate's internal risk, the initial assessment of the inmate's internal risk revealed suicidal ideation and severe emotional state and placed the inmate on the register of prisoners at risk of self-harm or suicide attempts, and placed them at a very high level of risk. The psychologist recommends that measures be taken to ensure the inmate's safety and that she be provided with the necessary comprehensive assistance (psychiatric, psychological, etc.). The psychologist shall periodically monitor and reassess the risk of the non-convicted person on the register.

An assessment of the data from the logbook of individual admissions to a specialist of the Resocialisation Unit for the year 2023 showed that all the inmates who had self-harmed, and 7 out of 9 inmates who had suffered violent bodily injuries in the institution caused by intentional acts of the detainee or the convicted person, were given counselling from a psychologist. A psychiatrist's assistance is provided only if the inmate requests it.

Thus, unless it is established that a person has self-harmed or attempted suicide while serving a sentence, no reassessment of the psychological/emotional state and need for psychological services of other prisoners is carried out.

At the time of the NPM inspection in January 2024, Panevėžys Prison had one psychologist on staff and two psychologist posts were vacant. The prison administration informed that volunteer psychologists are used to at least partially meet the need for psychological support for inmates. Methodological support is organised by the Prison Service for the staff of the prison. Emotional support is provided to inmates, if necessary, by the staff of the Resocialisation Unit, by a member of the prison staff with a degree in psychology, but who does not officially perform this function, and by a case manager who works with inmates with addictions.

However, both the administration of the institution, the psychologist working there and the inmates interviewed during the inspection acknowledged that the availability of psychological services to inmates in the institution is not sufficient. 

Panevėžys Prison has a part-time mental health nurse but, at the time of the NPM visit, it was vacant, and there is no psychiatrist in the institution, so inmates are referred to a psychiatrist working at Pravieniškės Prison No. 2 (hospital) as needed.

An information notice on free emotional support by telephone was posted in the tele-dating and telephone room and in the corridors of the accommodation blocks, where inmates were allowed to call the numbers indicated (the Hope Line, the Youth Line, the Silver Line and the Women's Helpline) twice a week for at least 60 minutes. However, calls to the mentioned helplines cannot be made under privacy conditionss, as the phones are hung up in common areas where they can be heard by unauthorised persons, and, according to the inmates interviewed, they do not seek emotional support by telephone for this reason.

At the time of the inspection, the prison did not have a rehabilitation centre for inmates with alcohol or drug addiction. The staff said the centre had been closed due to a lack of human resources. At the time of the inspection, the prison’s medical unit had one case manager who was able to assist inmates with addictions on an as-needed basis. The inmates interviewed who were addicted to narcotic drugs stated that they were attending a methadone programme but only because they had no other choice. They would like to give up this programme and fight their addiction by completely giving up all substances, but they cannot do so because they are not sure whether they would receive the necessary support (physical and mental health care and social activities) and assistance from the prison staff, as there is no longer a Rehabilitation Centre. With the methadone programme being the only option, the inmates feel a great deal of anxiety and dissatisfaction with their current state, which contributes to the deterioration of their psychological well-being.

During the NPM inspection, it was found that the psychologist (crisis management specialist) of the Resocialisation Unit of Panevėžys Prison carries out an initial assessment of all newly-arrived inmates, and during the initial assessment she verbally informs the inmates of the possibility of contacting the institution's psychologist as required, provides individual counselling and support to inmates, participates as a crisis management specialist in the activities of the Crisis Management Team and provides counselling to inmates in suicidal crisis and suicidal tendencies. However, due to the lack of human resources and the workload, the psychologist working in Panevėžys Prison is not able to perform other functions. For example, the psychologist does not provide methodological and practical assistance (awareness on mental health) to inmates, relatives of inmates, officials and employees of the institution within the scope of competence and does not conduct group psychotherapy or psychoeducation sessions. However, sometimes invited persons conduct conferences in the institution. 

Prisoners can participate in three programmes approved by the Prison Service: an art therapy programme, a social skills programme, and an adaptation programme. The adaptation programme is offered to all new arrivals, the art therapy programme is offered once a week to a group of no more than eight inmates, and the social skills programme was recently completed by a group of fifteen inmates. The prison administration noted that it is impossible for the prison to include more inmates in these programmes and to run more approved programmes and group psychotherapy sessions for inmates due to a lack of human resources. 

Inmates with addiction problems are offered to join an anonymous group of people with addiction problems and are counselled by a case manager, who is assigned to the institution. However, the inmates interviewed during the inspection regretted that their participation in this anonymous group is formal, as they do not feel any real benefit from it, and that it is impossible to ensure the anonymity of the persons participating in the group, as both the inmates and the institution's staff are still aware of who is participating in the group.

The staff interviewed during the inspection indicated they had not received training recently that included a gender perspective to be able to identify when women may feel distress and respond to women's needs and refer to specialised support.

Access to healthcare

Prisoners’ access to all necessary and timely personal health care services, including preventive examinations for women under the preventive programmes is insufficient, as there is no flexible access to a family doctor. For example, breast cancer screening requires a referral from a family doctor and a mammogram at the Panevėžys polyclinic, but proactive information about this and other women's health screening programmes is not provided due to limited access to a family doctor. The family doctor in Panevėžys Prison works on a part-time basis and sees inmates once a week: two days a month, she comes to the prison, and the other two days, she consults inmates from a distance.

Life in prison: regime and activities

A lack of social activities has been noted due to a lack of human resources. Inmates interviewed who do not have harmful habits (addiction to alcohol or psychoactive substances) and who are not interested in spiritual activities stated that there is a lack of social activities. Having assessed the records of the Resocialisation Unit's logbook of individual appointments with a specialist in 2023, it has been noted that, during the consultations with the staff, the inmates have emphasised that the lack of activities harms the inmates' psychological well-being and leads to psychological problems, such as anxiety, uncertainty, the urge to run away, to engage in activities that are harmful to health.

Women in special situations of vulnerability

Women with disabilities

At the time of the NPM inspection, the prison's activities areas (gym, assembly hall, outdoor exercise area, chapel, three libraries, production workshop) and most of the other facilities were inaccessible to persons with reduced mobility. Although at the time of the inspection there were no prisoners with disabilities and no prisoners using wheelchairs or other mobility aids, this does not negate the fact that the premises were not accessible.

Foreign women

The two libraries in the prison contained books and relevant printed materials (legal, philosophical, scientific, and fiction literature) that were also available in foreign languages, Russian and English, and were therefore also suitable for foreign women prisoners who knew these languages.

Women belonging to ethnic minorities

Roma women

The Roma inmates interviewed by the NPM during its visit stated that they were satisfied with the prison's opportunities to study and work, felt safe in their work environment, and did not receive any bullying from other inmates or staff. Prison staff also stated that they try to motivate Roma inmates to pursue education and work and that the Roma inmates present in the prison are keen to engage in work and study activities. The inspection revealed that the specialists of the Re-socialisation Unit, considering the intersectionality of the characteristics of the groups in situations of vulnerability and the inmates belonging to them (nationality and age), plan to organise computer literacy training courses for older Roma inmates.

Alternatives to detention

Panevėžys Prison has a home for children and mothers inside and outside the premises. The child and mother's home at Panevėžys Prison shall be inhabited by mothers raising children to the age of three years, who may be transferred to the child and mother's home outside prison premises, taking into account the child’s best interests. Such transfer may be extended annually under the procedure laid down in Article 71 of the Code of Execution of Penalties, but no longer than the child’s eligibility to be enrolled in a primary education programme. 

The establishment and operation of the child and mother’s home in the place of detention shall be governed by the internal rules of procedure of the penitentiary institution. Although the child and mother’s home outside prison premises is formally an open-type place of detention (practically is a semi-open type of place of detention since not all women meet the criteria for an open-type place of detention)46, women do not wear ankle bracelets (digital monitors) and may go out into the city, work and study according to pre-agreed and approved routes. Thus, the possibility of serving a sentence in the child and mother’s home outside prison premises is also available to women, if not a child, who would have to serve their sentences under a closed or semi-open regime. 

The rules governing admission to halfway houses are standard for both men and women. They are regulated by Article 37 of the Code of Execution of Penalties and by a Description of the procedure for the preparation and submission of documents for transferring prisoners from one place of detention to another and modifying the conditions of detention imposed on them,47 and Description of the operation of a specialised open-type place of detention.48 Still, the percentage of women inmates queuing to enter a halfway house is proportionately lower than that of men, so more of them are admitted to halfway houses.

Other relevant NPM information on women in prison

NPM Overview

Facts and figures

Recommendations

Solitary confinement, isolation

• Solitary confinement is to be considered as a last resort, and imposed only where others have repeatedly proven to be ineffective in restoring normal behaviour.

• Interruptions of at least fifteen to twenty days between two successive confinement measures should be provided, in place of the minimum five-day interruption as for the Prison Administration regulations.

• Clarification should be sought on the observed practice of removing the television set from the room where disciplinary or judicial solitary confinement is enforced.53

Life in prison : regime and activities

• Women in prison should receive gender equal and non-discriminatory treatment, in accordance with Rule 2 of the Nelson Mandela Rules. In women sections within facilities predominantly housing male inmates, it is advised that cultural, social, work-related, recreational, and sports activities be provided, consistent with what is outlined for all detainees.

Women with children in prison

• Immediately restore the service of childcare providers in the "prison nursery" and ensure the service throughout the entire day.

• Establish a stable group of prison police officers who, adequately trained, are dedicated to the security of the nursery, taking into full consideration the specific nature of this unit within the prison facility.

• Ensure that women accommodated in the "prison nursery" have the opportunity to access rehabilitation programmes (educational, cultural, social, and occupational) with the support of all designated professional figures, as established for women detained in other prison wards.

Access to healthcare

• The prison administration should adhere to the United Nations Bangkok Rules,54 which emphasize the priority of providing gender-oriented intake and care services. This is in line with the principle of non-discrimination in the treatment of detained individuals.

Detention issues

Body searches

1. Legal and regulatory framework

In Italy, prisoner’s body searches are regulated by Article 34 of the prison law, while the modalities to search a prisoner are explicated in Article 74 of the prison enforcement regulation.55 Article 34 of the prison law provides that prisoners may be subjected to a personal search for security reasons. The second paragraph establishes that it should be carried out with full respect for the individual's personality. A detainee who believes to have suffered a serious violation of their dignity due to the methodology applied can invoke the judicial remedy provided by Article 35-bis of the prison law.

One point of concern is related to the need of a judicial warrant – which is lacking – and the obligation to provide justification for "security reasons". Both aspects have not only granted the authority to conduct searches entirely at the discretion of the prison authorities; it has also raised constitutional concerns, specifically with respect to the absence of a requirement for the prison administration to provide a reasoned document on the grounds and methods of the search within 48 hours for judicial validation.56

However, in the absence of legislative interventions to constitutionally adjust Article 34 of the prison law, the circular letter of the prison administration department No. 3542/5992 of 2001 provided operational directives reaffirming the obligation of justification, albeit with less specificity than required by the higher Court, essentially reducing it to a "mere recording of data".

Furthermore, in line with the second paragraph of Article 34, Article 74 of the prison enforcement regulation intervenes to ensure the personal dignity of the person being searched and regulate the modalities to implement a body search. When a body search cannot be achieved through other means of control, such as a metal detector, it stipulates that the operations should be carried out by individuals of the same gender as the searched person, in the presence of a prison police officer holding higher rank. 

The ministerial circular also addressed strip searches. It stated that strip searches without performing squats should also be considered as a last resort, limited to the strict necessary, both in terms of frequency and the availability of alternative control tools. However, its prescriptions are not sufficient to guarantee respect for the dignity of individuals subjected to this form of search. In fact, in evaluating the legitimacy of this measure, not only the criterion of internal security of the institution should be considered, but also the appropriateness and proportionality of the act, and the principle of reasonable necessity be applied on an individual basis.

Moreover, the circular letter specified that body searches can be ordinary or extraordinary. Ordinary searches, in addition to those carried out at arrival to the institution from freedom and during transfers to another institution, include those performed in situations established by internal regulations, which might allow searches in numerous other situations, including before and after meetings with family members, with prison staff, with judges, and with legal advisers; before and after access to workplaces, educational, cultural, recreational, sports, or representative activities; before and after yard exercises; upon exiting or returning to different sections of the prison; and in any other case determined by suspicion of possession of prohibited items. Extraordinary searches, on the other hand, encompass all searches performed outside the mentioned cases.

b. In practice

While the regulation of body searches meets the recognized need for the administration to resort to such measures without specific formalities, it does not wholly eliminate the risk of arbitrary or oppressive behaviour or systematic and degrading body searches. 

During its monitoring activity, the National Guarantor observed that body strip searches were a routine practice in some prison institutions and recommended to fully comply with the 2001 prison department’s circular note by conducting them on an individual basis (therefore, not systematic) and only when there are no other alternative means of control57.

Moreover, the prison law is still very unclear in establishing what is intended for body search for security reasons and in regulating body searches with specific procedures and protocols which are lacking in its provisions. This state of the art has generated confusion in procedures which in many cases are still far from the implementation of international standards and ruling, for example as regards more intrusive body searches. 

In 2021, the National Guarantor intervened on the issue of extraordinary general searches, with the Recommendation note addressed to the Minister of Justice after serious incidents in a prison. Said recommendations58 emphasized the need for a prior and final oversight over such operations, both to safeguard those conducting the search from undue allegations and to prevent any impunity. 

From the point of view of any difference in conducting a body search on a man or a woman prisoner, there are no gender-sensitive protocols implemented (LGBTQI+ included).

Intimate body searches

In the prison law and in other legislative source, there is no reference to the prohibition of conducting intimate body searches by correctional staff nor in the necessity to implement them there is an established and specific protocol on who is going to conduct intimate body searches, and if they are adequately trained. 

Solitary confinement, isolation

In Italy, solitary confinement is not to be considered as a systematic form of custody in prisons, but an exceptional detention measure to be adopted exclusively in the presence of specific circumstances. 

Article 33 of the Italian prison law provides that solitary confinement may be ordered as a disciplinary sanction, for health and judicial reasons. It further states that, during the confinement, there should be no limitations on normal living conditions, except those functional to the reasons that led to it (like separated yards and restricted exercise time). Solitary confinement does not preclude the exercise of the right to receive in-person visits with authorized individuals.

The application of solitary confinement is regulated by Article 73 of the prison enforcement regulation, which affirms the safeguards and limits relevant to the implementation of the measure. This article recommends particular attention to the isolation situation of detained individuals (men and women), prescribing adequate daily on-site checks by both healthcare professionals and prison personnel.

Solitary confinement for health reasons must be carried out in suitable rooms proximate to medical treatment areas. Disciplinary isolation is executed in the cell unless the inmate's behaviour poses a threat to the order and discipline of the prison ward. It is imposed for a maximum period of 15 consecutive days and is suspended for pregnant women, women who have recently given birth for up to six months, and mothers breastfeeding their infants for up to one year. 

Regarding this type of isolation, the Supreme Court has considered a maximum limit of 15 days, a constant and daily medical supervision be guaranteed, and a prohibition on continuous application with minimal interruptions of one day, as violating the constitutional principle prohibiting inhuman treatments. 

The prison administration has taken heed of the Supreme Court's guidance and issued the circular letter 160093 of 6 May 2015, stipulating that, when the disciplinary sanction involves isolation for a period exceeding 15 days, the isolation must be interrupted for at least 5 days in between. 

Lastly, with the circular letter 3693/6143 of 18 July 2022, the prison administration confirms the exclusive use of solitary confinement sections for the three aforementioned types of isolation. Moreover, it emphasizes the necessary distinction from sections provided in Article 32 of the presidential decree 230/2000; it prefers identifying separate rooms for health isolation; it confirms the need to be compliant to the European Prison Rules, especially regarding disciplinary isolation, and highlights recording obligations for the prison administration in terms of permanence in isolation (duration of the measure), in order to facilitate the supervision of entry and discharge dates. 

A different perspective has been proposed for the so-called voluntary isolation, resulting from the inmate's free choice to be separated from the prison community. This type of isolation should never take the forms outlined in Article 33 of the penitentiary law, as it is already excluded by the fact that the same article mandatorily refers to the three typologies of isolation mentioned above.

Isolation with a protective function is effectively inadmissible, even if requested by the inmate. This unregulated measure, frequently applied in practice, aims to prevent aggression from other inmates towards the person requesting it. The prison administration ensures the personal safety of the inmate not through isolation for personal protection but through the measure of transferring the individual to suitable institutions or sections, as provided in such cases by Article 14 of the penitentiary law.59

Very often cells used for disciplinary confinement, for instance, do not meet national and international standards and, in many cases, isolation is carried out in unfurnished cells. Facilities are frequently inadequate, narrow, and poorly illuminated. 

Life in prison: regime and activities

Despite Article 19 of the Italian penitentiary law stating that «through the planning of specific initiatives, equal access for incarcerated and interned women to cultural and professional training is ensured», education in detention poses a significant concern as women prisoners face unequal educational opportunities compared to their male counterparts. 

In mixed prisons, for instance, access to school courses for women prisoners is considerably restricted, primarily due to various factors. One such factor is the limited number of women prisoners, making it challenging to organize educational courses and, in some cases, it may even be impossible due to insufficient student enrolment (in case of a section in male institutions). 

The Ministry of Education’s data, which the National Guarantor included in its 2023 Report to Parliament, explain that in 2022-2023, literacy teaching has been addressed to 192 women (141 foreign nationals) and to 2,445 men (2,191 foreign nationals) with a rate of 7.28% women prisoners attending literacy courses. Primary school courses were followed by 295 women prisoners (99 foreign nationals) against 3,590 men (1,484 foreign nationals) with a slightly higher rate of 7.59%. In secondary school courses, 145 women (43 foreign nationals) enrolled in the same tuition period 2022-2023, while 5,468 male prisoners (914 foreign nationals) attended school courses at this level. The percentage sharply declines to 2.58%. 

Women in a special situation of vulnerability

LGBTIQ+ women

In the current penitentiary legislation, there is typically a strong difficulty in granting transgender individuals access to treatment programmes and institutional activities, and there is frequently a lack of provision for an adequate healthcare service tailored to the specificity of their health needs. These challenges also extend to placement systems, ranging from dedicated units, sometimes within male or women institutions, to placement in precautionary sections.

A predominantly male prison system characterized by a marked binary distinction between genders, coupled with the relatively low numbers of transgender individuals in detention, results in them being treated as "exceptions" within the penal system.

This kind of perception should not be understood in terms of having the opportunity to access a privileged condition. Instead, it often means facing or experiencing forms of multiple stigmatization and marginalization, encountering greater challenges in exercising their rights, and overall enduring a more burdensome incarceration. The social marginalization experienced in prison frequently mirrors the patterns of marginalization already encountered outside, and to which individuals will likely return once their sentence is served.

The legal, jurisprudential, and research interest in the impact of detention on the life paths of transgender individuals has only recently developed, and there is still much work to be done to fully affirm their rights and adequately address their expressed needs. Closing the gap in specific training for inclusion, utilizing an intersectional approach that «recognizes the interaction between gender identity, social class, and ethnic affiliation» (Mantovan, Vianello, 2015), appears to be the main challenge that the current prison system faces in bridging the divide between equality and equal access to rights in prison and the actual detention conditions experienced by transgender inmates.60

Alternatives to detention

In the regulatory and legislative framework of the execution of sentences in Italy, women are eligible for all alternative measures to criminal sanctions and measures, while in pre-trial detention, and/or serving a sentence. These include restorative justice (various practices up to offender-victim mediation), probation, house arrest and home detention, community service, suspension of the sentence enforcement, and other alternatives to incarceration such as diversion.

Article 47ter of the penitentiary law specifically refers to home detention for women in situations of vulnerability: 

«1. The imprisonment sentence, not exceeding four years, even if it constitutes the residual part of a greater punishment, as well as the arrest execution order, can be served at one's own home or another place of private residence or in a public place for care, assistance, or accommodation or, in the case referred to in letter a), in protected family homes when it concerns: a) a pregnant woman or a mother with a child under the age of ten living with her».

A draft law is currently under discussion at the Parliament that would introduce a discretionary rule regarding the imprisonment of mothers with children up to one year old and pregnant women. This rule would apply in cases where the offenders are deemed to have an exceptionally high likelihood of reoffending and are a significant threat for the community. The discretionary rule would replace the current obligation to defer imprisonment in the cases considered61. Essentially, if delaying imprisonment is not feasible due to the exceptional risk of reoffending and danger posed by the offender, the only alternative to prison for mothers with children up to one year and pregnant women would be their placement in the dedicated ICAM facilities, or dedicated sections inside women’s prisons. ICAMs are specialised centers separate from regular prisons but still very similar in nature. The NPM submitted observations to the Parliament Selected Committee on these matters:62

• The dedicated facilities are insufficient in availability of places (there are four structures: one ICAM institution and three ICAM prison sections in three women prisons). The penitentiary administration should resort to other facilities which could be available on the territory, such as the protected family homes, established in Law No. 62/2011.
• The proposed amendment under consideration may not comprehensively resolve the issue of children being present in penitentiary institutions. This situation is in conflict with national and especially international principles concerning the protection of children, with particular regard to the safeguards provided by various documents, including the 1989 UN Convention on the Rights of the Child, which requires that the "best interests of the child" be duly considered in every judicial decision involving them in any way or for any reason. 

Other relevant NPM information on women in prison

NPM Overview

Facts and figures

Recommendations

Accommodation and separation

• The Ministry of Justice and the Prison and Probation Administration should take the necessary measures to ensure that women prisoners have in fact the equivalent opportunities compared to male prisoners with regard to possibilities of serving sentences in open prisons.

• The Ministry of Justice and the Prison and Probation Administration should consider whether sufficient consideration is given to safety and needs of women prisoners who reside at Sogn Prison, being a mixed-gender facility, with a low number of women and with low security level.

Work, education and recreational activities

• The Prison and Probation Administration, the Hólmsheiði Prison and Sogn Prison should seek ways to increase employment options for women prisoners, with the objective of ensuring that the jobs offered to them are not confined to traditional women’s work.

Mothers with children in prison

The Prison and Probation Administration should consider whether the present conditions in Icelandic prisons are acceptable for women prisoners with young dependent children and to produce a response-plan for the action needed in this regard.

Detention issues

Accommodation and separation

Currently, most women prisoners serve their sentence in the women’s unit located at Hólmsheiði Prison, which generally is only a short-term facility in the case of men. Because of being kept at Hólmsheiði Prison, women have fewer opportunities for work, education, and rehabilitation programs compared to male prisoners that would typically serve their sentence at Litla-Hraun Prison. Even when considering Sogn Prison, women also seemed to have disadvantage in some respects, e.g. the variety of available work.

Findings from the 2023 NPM’s thematic report on women in prison reveal that women are placed at a disadvantage compared to men as regards opportunities to be placed in an open prison. This is partly due to the limited gender segregation in the only open prison that accommodates women, Sogn Prison, which may deter some women from applying for serving a part of their sentence there. In this regard, it is noted that Sogn can only accommodate three women prisoners compared to eighteen male prisoners. The prison has a separate women’s unit, but it is located in the main building opposite the men’s ward with all detainees having to share most common spaces, such as hallways, a sitting room and the dining hall, as well as the outdoor area. While some women who were interviewed did not mind this mixing of genders, others feared harassment and unwanted attention from their fellow inmates. It is noted that this is particularly relevant in the Icelandic context where the chances of encounters with old acquaintances or former partners are high due to the small population of the country.

These circumstances prompted a recommendation to the Ministry of Justice and the Prison and Probation Administration that they would take the necessary measures to ensure that women prisoners have in practice the same opportunities as male prisoners to serve time in an open prison under suitable conditions. It is worth noting that, in September 2023, the Icelandic Minister of Justice responded to this recommendation by announcing plans to increase spaces for women prisoners in open facilities in Iceland.

Solitary confinement, isolation

1. Legal and regulatory framework

A court order is required to put pre-trial detainees in solitary confinement. The Code of Criminal Procedure3 sets out two possible grounds for imposing solitary confinement; firstly if there is a reason to believe that the accused would impede the investigation of the case, for example by destroying evidence or influencing another co-accused or witnesses and, secondly, if there is a reason to believe that custody is necessary in order to prevent the accused from attacking third parties or harming themselves or being influenced by others. Furthermore, prisoners can be subject to isolation or segregation during their sentence, either as a punitive measure or for security and/or safety reasons.

According to the Execution of Sentences Act,4 the prison director shall make decisions on detaining prisoners in security cells, which may be done to prevent them from injuring themselves or others. The procedure does not require the prisoner’s consent. The provision states that a detention in a security cell, as well as other measures taken in connection with such detention, should not last longer than is compatible with its aim. However, the provision contains no definite time-limit in this regard.

2. In practice

Being aware of evidence to the effect that isolation can be particularly harmful to pregnant women, nursing women or women detained with young children, it is noted that there are, at present, no explicit provisions in Icelandic law that prohibit or impose a caveat in these cases.5 Thus, a decision to this effect would either be left to the discretion of the courts or the administration. That said, findings from the 2023 NPM’s thematic report on women in prison do not reveal any indications of women in this position having been placed in isolation or solitary confinement in Icelandic prisons. Nor does the report indicate that solitary confinement is in practice routinely or disproportionally used against women or certain groups of women. 

The minority position of women in the Icelandic prison system may nevertheless put them at risk of being subject to de facto isolation to a larger degree than men. When the NPM carried out one of its visits in 2023, the women’s unit at Sogn Prison was occupied by just one prisoner, whereas the men’s unit was nearly at full capacity of 18 prisoners. The visit and the interviews with current and former women prisoners also indicated that several problems can result from this minority situation, e.g. loneliness and the risk of sexual harassment. In this regard, it is it is observed that there are cases of no women guards being on duty at Sogn Prison.

There is evidence suggesting that women in prisons are more likely to self-harm or attempt suicide than men6. Nevertheless, they may be more likely to be exposed to solitary confinement as a protective measure or being put in conditions of de facto isolation. The cells used for solitary confinement in Hólmsheiði prison are spacious and tidy. However, following a previous visit to the prison7, prison administrators were informed that part of the walls in the cells had sharp edges, which could potentially be hazardous to prisoners who are at risk of self-harm. The NPM has also come across examples where the Prison´s records concerning the use of the isolation cells have lacked necessary details in regard to the care and supervision of the prisoners.

Access to mental healthcare

Although the academic literature on women prisoners in Iceland is scarce, there are indications that incarcerated women in the country suffer from complex mental health conditions closely linked to their personal history of trauma, substance use and criminal activity.8 The NPM’s interviews with women prisoners and prison staff also indicated that a large part of women prisoners in Iceland experience symptoms of poor mental health, such as depression and anxiety. Many women were also aware of their prolonged struggle with mental health conditions and addiction being rooted in an abuse or neglect during childhood or early adolescence. 

There are currently two separate teams that provide mental health services and counselling to prisoners in Iceland. The treatment unit of the Prison and Probation Administration conducts risk assessments on selected prisoners and provides therapy to prisoners with the primary aim of breaking patterns of disruptive or dangerous behaviour. The other provider, the prison’s mental health team, provides general mental health services to prisoners. The team was established in 2019, as a response to the CPT’s recommendations in a report on a visit to Iceland published earlier that year.9 However, it may be noted that in 2013 the Ombudsman had already opened an own-initiative investigation into, inter alia, the psychiatric care of prisoners. Although the establishment of the prison’s mental health team is a positive development towards better mental health services in the Icelandic prison system, the team has only relatively recently started its work and is therefore still navigating its role and shaping the way it operates within the four prisons they provide service to.

As to the admission of prisoners to a prison, all prisoners are subject to medical screening, performed by a general practitioner who examines the overall physical health of prisoners in order to assess their health care needs during imprisonment. The physical examination upon arrival does not include systematic screening of mental health conditions that can be detrimental to the wellbeing of prisoners during imprisonment, such as post-traumatic stress disorder or risk of suicide and self-harm. If prisoners show signs of mental health conditions during the first days of imprisonment, the prison staff may schedule an appointment with the treatment unit. To the NPM’s knowledge, the medical screening on first admission does not differ based on the gender of the prisoner. 

During imprisonment, there is no systematic evaluation of the mental health of prisoners. However, prisoners can freely contact the prison’s mental health team if they want to schedule an appointment with a therapist. According to members of the team, the prison staff occasionally notifies the prison’s mental health team if they suspect that a prisoner is in dire need of mental healthcare. During the NPM’s visit to Hólmsheiði Prison, where the largest women’s unit in the country is located, it was observed that due to a lack of regular assessment of the mental health care needs of prisoners, some groups within the women’s unit appeared to have untreated mental health conditions. Foreign women, especially those who spoke neither Icelandic nor English, were particularly vulnerable in this regard. Interviews with them revealed that many of them did not know that these services were offered to prisoners free of charge. As a result of the NPM’s findings, it was suggested to the prisons and to the prison’s mental health team that they improve the provision of information to foreign prisoners about the psychological and mental health services available to them. 

In addition, the NPM report addressed the lack of training of prison staff working in women’s units. There is currently very limited training on the gender-specific needs of women prisoners, including healthcare needs and risk of self-harm and suicide. A suggestion was directed to the Prison and Probation Administration that it would consider whether education about the special needs of women prisoners should be given a more important place in the curriculum of the Prison Guard School.

Women in Special Situations of Vulnerability

Foreign women

The number of foreign women in Icelandic prisons has increased rapidly over the past two years, in part due to a recent surge in arrests of women drug traffickers at the border. At the time of the NPM’s visit in February 2023, the number of foreigners in the women’s unit had risen to 90 percent from around one third in the year before. This prompted us to take a closer look at the challenges these developments had brought about.

It was apparent that language difficulties were common among foreign women in the prison and affected most of them in one way or another. Women who spoke neither English nor Icelandic found themselves in a particularly difficult position, not least in situations where they had to rely on fellow inmates who shared the same language to act as interpreters. It is well known that such circumstances can create or reinforce potentially harmful power dynamics between those involved. The prison’s failure to provide prisoners with professional interpreters also resulted in frequent misunderstandings and the spread of misinformation within the group of foreign prisoners. As a result, foreign women appeared to be less aware of those services being offered by the prison, most importantly mental health support and counselling.

Based on these findings, the report contained a recommendation to the prison regarding the access of foreign women to professional interpreters and mental healthcare services.

Other Relevant NPM Information 
on Women in Prison

NPM Overview

Facts and figure

Recommendations 

Contact with the outside world 

Ensure the fundamental rights of both women detainees and their children living outside the prison, by actively assisting women in maintaining contact with their children.11

Life in prison: regime and activities 

The employment of women in custody in prisons that are not specifically women's prisons should be significantly improved. Programmes specifically targeting women detainees should be developed, where the work processes and work phases can be quickly mastered, and in the event of a worker's absence, the part of the work process concerned can be quickly understood and completed by another detainee and the lost labour can be compensated for.

Detention Issues

Body searches
Penitentiary regulations12 of the Hungarian Prison Service contain instructions on strip-searching, but they are general definitions and do not provide for differentiated execution on the basis of sex. 
Searches and clothing inspections of women detainees are carried out on a random selection basis, when they go out to the exercise area, when they return, and before and after receiving their visitors.
The penitentiary organisation uses three different methods for carrying out strip searches: strip searches by touching the detainee, strip searches by undressing the detainee and control by using technical devices. No distinction regarding women is made in the search methodology but the search may only be carried out by a person of the same sex.
There is no legal obligation for the organisation to document the execution of searches, and no detailed records are kept by the penitentiary organisation.
Section 9 of Ministry of Justice and Law Enforcement decree No. 44/2007 (IX. 19.), on the detailed rules of entry to and exit from the territory of penitentiary institutions and stay on the territory of penitentiary institutions, stipulates the obligation to check the parcels and clothing of visitors. National legislation and prison regulations13 stipulate that only and exclusively persons of the same sex may be searched, with the exception of medical or health care personnel or screening by technical devices. They do not prohibit the presence of other male staff members during the execution of the measure, with the exception of strip searches, which may not be carried out in an indecent manner. 
Body cavity searches of detainees may only be performed by a medical doctor, as defined in Article 151 (3) of the Act on the enforcement of sentences, with the exception of the oral cavity, which may and must be performed by any staff member by visual inspection during the search.

Solitary confinement, isolation
Pursuant to Article 169 (1) of the Act on the enforcement of sentences, “the penalty of solitary confinement may be imposed on prisoners for a period of twenty-five days, twenty days in medium regime prison and ten days in jail, during which time the detainees may be allowed to work or attend school. If the detainee is working, the period of solitary confinement may be up to twenty days in strict regime prison, fifteen days in medium regime prison and five days in jail”. 
A juvenile detainee may be sentenced to a maximum of 5 days of solitary confinement.14 Solitary confinement for young offenders may be a maximum of ten days in juvenile medium regime prison, and five days in jail for young offenders.15 A juvenile sentenced to solitary confinement may not be prohibited from attending school classes or reintegration programmes. 
In 2023, 118 female prisoners were subjected to solitary confinement under the Act on enforcement of sentences.16  In 2022, 237 cases of solitary confinement were applied to 163 women detainees, for an average period of 5 days. According to the Act, solitary confinement is not applied in the case of pregnant women and women with young children.
The Act also provides that the prison doctor shall examine the detainee with the involvement of a psychologist if the detainee is at high risk of suicidal or self-harming behaviour, or in the case of juveniles, or in other cases, if necessary, before the start of the enforcement of solitary confinement and at regular intervals during the enforcement of solitary confinement. If the prison doctor or the psychologist does not recommend the commencement or continuation of the solitary confinement on account of the health condition of the convict, the enforcement of the solitary confinement shall be postponed or interrupted. The medical and psychological examination carried out under the Act also covers young women and women with psychosocial disabilities so, if the doctor or psychologist does not recommend the imposition of solitary confinement, it will not be served.17 
The Act includes a safeguarding element, according to which “the convict, and, if he has been successful in the disciplinary proceedings, his defence counsel, may lodge an application for judicial review with the enforcing judge against the decision of the prison to impose solitary confinement. The application for judicial review shall be lodged as soon as the decision is notified; it shall have dilatory effect on the enforcement of the sentence of solitary confinement”18. The provision thus ensures that all persons deprived of liberty may have the punishment of solitary confinement imposed by the prison, its lawfulness and duration reviewed by a court independent of the prison organisation. Pending the decision of the court, the punishment of solitary confinement will not be enforced.
In prison establishments, detainees may also be placed in solitary confinement on request, or for their own protection. Single placement does not imply solitary confinement, since during the day the doors are open in jails and medium regime prisons, persons deprived of liberty are free to move around in the designated section or in the designated areas of the prison, to participate in work and reintegration activities, as well as leisure activities. Detainees placed in single cells in strict regime prisons may participate in work and reintegration activities, as well as leisure activities. 
    Under the Act, it is possible to place the detainee in a secure isolation unit in order to protect their physical integrity in the event of behaviour dangerous to self or others, until the conditions specified in the Act exist but for a maximum of ten days, which may be extended once for a further ten days by the head of the prison organ. The security measure shall be binding on the detainee.
    The three largest penitentiary institutions with separate facilities for the detention of women installed a number of solitary confinement cells specifically for women.19

Use of means of restraint

The use of restraints is regulated by the Ministry of Justice decree No. 16/2014 (XII 19)20 on the detailed rules of implementing imprisonment, confinement, pre-trial detention and confinement replacing disciplinary fine, and Section 148 of the Act on enforcement of sentences. 

In the case of pregnant women, the general rules on restraint of movement apply for the duration of the escorting process, with the provision that, with regard to the medical condition, a handcuff belt and leg cuffs may not be used on the basis of a recommendation from the medical expert, and that, depending on the individual circumstances, exclusive restraint of movement with a prison escort handcuff may be used with the specific authorisation of the head of the prison organ. In the case of placement in the Hungarian Prison Health Centre or a civilian medical facility, restraints shall not be used during custody or during labour, delivery and post-natal custody. 

According to the penitentiary regulations, the use of restraints must be recorded by the person imposing the restraint at their own initiative or by the person ordering the restraint, the justification for which is always assessed by the head of the prison organ. On the forms referred to, it is possible to fill in the name, registration number and the restraint used. The forms shall not contain any other information relating to the detention. The use of restraints is not recorded on an electronic monitoring device. In the event of an incident that seriously compromises or endangers the security of detention, one that requires the implementation of special measures and is considered important for the security and operation of the detention facility, the penitentiary regulations specify the obligation to take photographs of the incident and, if available, the procedure for camera recordings.

Access to mental healthcareThe initial medical screening, partly as part of the psychological examination, includes a mental health care needs assessment, as well as a suicide and self-harm risk assessment. The mental health needs of women prisoners are assessed on an ongoing basis in the same way as in the case of men. Mental health support and treatment are available for women in prison. In order to preserve and improve the mental and physical health of the personnel, the National Headquarters of the Hungarian Prison Service, the Education, Training and Rehabilitation Centre of the Prison Service and the Hévíz Rehabilitation Institute of the Hungarian Defence Forces Healthcare Institute organise four different programmes for the personnel, two of which are aimed at safeguarding mental health: 

Recreation: a 4-day stress management training programme to maintain and improve the mental health of staff.

Family recreation: a 3-day programme for the recreation of the staff and their families. Various harm and risk reduction programmes are also available for detainees. However, these are not available as mental health programmes but as part of other programmes. Contact with the detainees’ family members is limited to prison administration and does not include raising mental awareness of family members by the prison organisation. The basic training for staff members, as well as all the secondary and tertiary courses include conveying the necessary knowledge with regard to detainees requiring special treatment, so that they can identify women’s challenges and provide professional help in dealing with stressful situations and other problems. Targeted training in gender mainstreaming is not known but professionals working with women detainees address gender-specific issues.

Contact with the outside world

During the visits, the NPM found that, in addition to normal contact, the prison also allowed family talk for those in the mother and baby unit, with no partition divider panels on the tables in the visiting rooms. Prisoners said that they had the opportunity to greet relatives with a kiss and to give visiting children a hug. Juveniles serving their detention were allowed to receive visitors in a secure booth. In the NPM's previous report, it had already been pointed out that, according to the European Prison Rules, visiting conditions should allow family relations to be maintained and developed as naturally as possible and a balance should be struck between the duty to protect security and respect for the privacy of visitors. According to Article 7(4) of the Hungarian Act on the protection of children and the administration of guardianship affairs, a child has the right to contact even in the event of the termination of parental custody, unless otherwise provided by law. Under Article 9(3) of the UN Convention on the rights of the child, the State must respect the right of the child to maintain personal contact and direct contact with their parents, unless this is contrary to the best interests of the child. "Direct contact" includes the possibility of physical contact.  According to the Bangkok Rules, contact between women detainees and their family members, including children, as well as their children's guardians and legal representatives, shall be facilitated and supported by all possible means. According to the prison governor, personal contact between the mother and her child living outside the institution can be arranged by bringing the child in during visiting hours, and the prison is under no obligation to transfer the detainee for visitation. If the child is placed with a foster parent, it is possible for the parent to designate both him or her and the foster parent as contact persons. 

According to Article 128 (6) of the Act on the Protection of Children and Young Persons, "the other parent having parental authority over the child or having the right of contact with the child, the brother or sister, the grandparent having parental authority over the child and the guardian must be provided with contact and appropriate information on the child's development once a week." In the case of babies placed in mother and baby units, the prison shall provide, at the request of the relatives, 'child visitation' for one hour on working days in a room set aside for the purpose, under supervision. According to the information provided by the staff, the mother of the child may also attend, unless contact with the relative concerned has been restricted by the authorities. The visiting team inspected the room for the visitations, which was furnished with two armchairs, a sofa and a coffee table, allowing the visit to take place in a cozy and family atmosphere.

As reflected in the interviews, prisoners liked the possibility of communication via Skype and were happy to use it. A first offender referred using every minute for communication via Skype and that computers could be well used for this purpose. Education officers are flexible with appointments If someone cannot use Skype at the requested time, a new appointment is made within 12 hours. Weekend time is provided for detainees with young children to ensure that children are out of school at that time.

In the NPM's view, the right of the children of detained mothers to contact under the UN Convention on the Rights of the Child, the requirement to eliminate discrimination against women as set out in the CEDAW Convention and the prohibition of discrimination would also be promoted in practice if women in detention were actively assisted by the prison authorities in contact with their children. In the NPM's view, the conditions and circumstances under which child visitation is provided are suitable for ensuring respect for the rights of the child and the way in which it is implemented can also be considered good practice from the point of view of the mother's reintegration.

Life in prison: regime and activities

The most common problem in the penitentiary institutions that also hold women in pre-trial detention is the minimum level of employing women and the lack of leisure time activities. Given the fact that prison cannot predict the expected length of their detention, they are not trained as skilled workers at the local companies operating at the institutions, and they can at most be involved in cleaning or maintenance as part of the inmate labour programme. 

In Kalocsa Strict and Medium Regime Prison, which is a special women-only prison, women also do other types of work, e.g. sewing. However, jobs available for women prisoners - e.g. dismantling electronic waste, ironwork - are far fewer in the institutions than those available for men, due to their nature. Thus, these women can hardly spend their time in prison in a meaningful way, which does not help to prevent re-offending and reintegrate them into society. 

The most common problem in the penitentiary institutions that also hold women in pre-trial detention is the minimum level of employing women and the lack of leisure time activities. Given the fact that prison cannot predict the expected length of their detention, they are not trained as skilled workers at the local companies operating at the institutions, and they can at most be involved in cleaning or maintenance as part of the inmate labour programme. 

In Kalocsa Strict and Medium Regime Prison, which is a special women-only prison, women also do other types of work, e.g. sewing. However, jobs available for women prisoners - e.g. dismantling electronic waste, ironwork - are far fewer in the institutions than those available for men, due to their nature. Thus, these women can hardly spend their time in prison in a meaningful way, which does not help to prevent re-offending and reintegrate them into society. 

Women in Special Situations of Vulnerability

Women with their children in prison

During its monitoring visits, the NPM found that the placement of detained mothers with their children in the mother and baby units, the conditions of placement, the health care provided to infants and the so-called "child visitation" option provided to the child and her relatives when the mother is placed with the child can be considered good practice.

Available data shows that the majority of children leaving the Institute between 2018 and 2020 (40.74%) could go home with their mothers. A further one quarter of children were placed with their own families without their mother and the same number of children were placed in foster care. During the period under review, one child was placed in a children's home and another child changed institutions with the mother and went to a reformatory. The shortest average length of stay (average 5.63 months) of infants in the Institute in the period under review was when they could go home with the mother. Children who were accepted into their own families spent an average of 6.79 months in the Institute. Children stayed the longest when they could not go home to their own families and had to be placed in foster care (children placed in foster care spent an average of 7.64 months in the mother-baby unit of the Facility). 

According to Article 7(2) of the child protection act on the placement of children under 12 years of age with a foster parent, placement may be waived only if the child is permanently ill or seriously disabled, in order to accommodate siblings together, or if the parent (legal representative) requests institutional placement and this is not contrary to the best interests of the child. In the period under review, a small number of children (only 1) was placed in a children's home, spending 6.5 months in the institution. The infant who went to a reformatory with his mother was in the institution for 6 months.

Other Relevant NPM Information 
on Women in Prison

Facts and figures

Recommendations

Solitary confinement, isolation

Women prisoners placed in the closed unit of the establishment:

• Should be given access to fresh air at least 2 hours on a daily basis. 

• Should be given the opportunity to use sport equipment placed in the same building. 

• Should be granted increased access to shower, through amendment to the Order N116 of the Minister of Penitentiary and Probation.

Body searches

• Ensure body searches in accordance with the Bangkok Rules and eradicate the degrading practices. 

• The request of full search should be based on security risk assessment for each individual case and must be in accordance with the principles of necessity and proportionality. 

• Take all necessary measures to eradicate the practice of undressing the clothes altogether.

• Eradicate the practice of crouching.

• Take all necessary measures to apply body scanners as alternative and not complementary means of body searches. 

• Ensure the monitoring of the procedure by the General Inspection in order to avoid arbitrariness and ensure the compatibility of the procedure with national and international standards. 

Mental health

• Develop and implement an instrument for periodic mental health screening. 

Mothers with children in prison

• Review and amend the procedure of separation of children from their mothers and consider the best interest of a child. 

• Reduce the risk of traumatization in the process of separation.

Detention Issues

Solitary confinement, isolation

The NPM highlighted the problem of women prisoners who are placed in the separated and closed unit of the establishment. Placement in so-called closed unit is different from disciplinary solitary confinement. In closed units, women can be placed in the same cell with other prisoners. The so-called closed unit is primarily used to allocate remand women prisoners and women prisoners who are placed for safety or disciplinary reasons. There are also women who have high risk or who requested to be placed alone, and also placement based on the decisions of the administration for security and disciplinary reasons. 

The Penitentiary Code regulates the use of disciplinary sanctions for specific groups of detainees, including women, providing that some types of disciplinary sanctions, namely the transfer to a cell type accommodation for up to three months and the placement in a solitary cell for up to 14 days “shall not apply to pregnant women, a mother of minor children (who has a child under the age of three, or who enjoys the right to the relationship with her child on rest days and holidays in accordance with Article 39(7) of this Code) and to accused persons/convicted persons over 65 years of age”.24 

The restrictive detention environment poses several problems. Findings from the NPM revealed that women in closed units spend 23 hours a day in a cell and have access to fresh air for only one hour. They have access to shower only 2 times a week and time is limited to 20 minutes. One of the courtyards of the unit is equipped with sports machines. However, only one prisoner was authorized to use the equipment. Women have restricted access to rehabilitation activities and no access to rehabilitation spaces. There is very little contact with the outside world and confidential phone calls are practically unavailable due to the infrastructure. 

Body searches

Body searches are one of the most sensitive issues identified by the NPM of Georgia, which was followed by a number of recommendations with the aim of respecting the dignity and privacy of women prisoners and preventing intimidation and harmful consequences. 

The problem was particularly highlighted in the Annual report of 2014 and in the 2015 report of the visit conducted to the women’s establishment N5. The report indicated that during the initial placement and during every transportation to and from the establishment, women were strip searched and required to perform squats. Prisoners stated that the procedure was so humiliating and degrading that they refused to be transferred to hospitals or to a court hearing in order to avoid the procedure.

The annual and special reports of the NPM also emphasized the need for scanner devices as an alternative means of strip search. 

In 2016-2017 NPM of Georgia carried out another comprehensive visit in N5 Penitentiary Establishment and highlighted that the practice of strip search continued on a blanket basis, without prior assessment of individual risks. Even though the scanning device was installed on site, it was not used as an alternative measure of body search, and it applied alongside with strip search. 

Based on the amendments made to the by-law regulating the procedure of body search of the N5 penitentiary establishment,25 a prisoner has an opportunity to choose between body scanner and full body search. Based on the regulations, invasive body searches can be carried out in exceptional circumstances and by authorized health professionals. The search procedure must be carried out by women staff and out of sight of the men staff.  The latest monitoring visit to the establishment was conducted in 2023 and no problem regarding these issues was not identified.

Mental health

Mental health has always been one of the key issues for NPM monitoring visits. The women’s prison is no exception from other penitentiary institutions of the country where mental health screening is only carried out during the initial admission.26 In its report, the NPM emphasizes that initial screening is not sufficient to identify mental health needs, as deprivation of liberty entails a massive psychological trauma that may lead to the aggravation of mental health conditions. For that reason, it is crucial to take preventive measures and identify mental health conditions at an early stage. 

Mental healthcare needs and gender-specific perspectives are not identified by the institution. The collaborative qualitative and quantitative research carried out by the NPM and an NGO in 2016-2017 demonstrated that the need of psychiatric consultations is relatively higher in women prisoners and particularly in women remand prisoners. Thus, the research draws a conclusion that the adaptation period is more difficult for women who may have also been victims of domestic and sexual violence before imprisonment and separation with children may be more stressful. The research underlines that women under 35 years require more attention as they seem more vulnerable to mental health conditions . 

Another research was conducted in 2021 to assess the “Impact of Covid 19 on Health and Other Rights of Prisoners and Staff of Penitentiary System”. The need for psychiatric consultations remained higher in women. The results of the study showed that restrictions were overused during the pandemic period and no appropriate efforts were made to find possible alternative solutions. Restrictions to the contact with the outside world negatively impacted the psycho-emotional conditions of mothers. Meetings with children were conducted through glass windows. However, in some cases children managed to reach and touch their mothers which resulted in two weeks isolation of mothers to prevent the possible spread of the virus .

Contact with the outside world

Since the Covid restrictions have been lifted, women deprived of liberty are able to meet their family members without glass barriers and use their right of meeting guaranteed under legislation. However, restriction to the contact with the outside world is still applied as disciplinary measure. This is an issue in the penitentiary system as whole, not only in women’s prisons.

Women in Special Situations of Vulnerability

Mothers with children in prison

In Georgia, children can be placed with their mothers in prison for up to 3 years. 

The NPM monitoring visits demonstrated that the separation period is very stressful for both – mothers and children. They require specialized psychological support and adaptation periods that may require weekend release from prison.  The law was amended to that effect in June 2017 as a result of the NPM’s recommendation and this new right of weekend release was introduced in imprisonment code. In 2023, a new  Penitentiary Code was adopted which also incorporated this provision, under Article 39 (7) :

"A convicted woman, whose child under the age of three has left a special facility for women, may, by a decision of the General Director of the Service, for the purposes of relations with the child, during one year after the child has left the facility, leave the facility on rest days and public holidays provided for by the legislation of Georgia. The procedure for leaving a special facility for women by a convicted woman on rest days and public holidays shall be defined by an order of the Minister. During the review of the matter, the danger which may be posed by a convicted woman to the public shall be taken into account, as well as the fact of committing the crime, the nature of the committed crime, its motive, aim, and consequences, the risk of a repeated crime, the behaviour of a convicted woman while serving her sentence, the personal characteristics of the convicted woman, and other circumstances which may affect the decision of the General Director of the Service."

Other relevant NPM information

NPM Overview

Facts and Figures

Recommendations

Solitary confinement, isolation

• When a decision is taken to place women prisoners in solitary confinement in their cell (as a last resort), their gynaecological needs should also be taken into account in advance.

Access to mental healthcare

• The monitoring of women, especially those identified as vulnerable due to their mental health conditions, should be continuous throughout the whole duration of their detention.

Detention issues

Solitary confinement, isolation

a. Legal and regulatory framework

According to the relevant Prisons (General) Regulations28, which apply to both men and women without any distinction, women can also be placed in solitary confinement/isolation. According to the Regulations, women are placed in isolation/restriction to protect themselves or other prisoners.

b. The use of solitary confinement in practice

When it comes to pregnant women, nursing or breastfeeding women, women detained with young children and women with psychosocial disabilities who are placed in confinement or isolation, the staff of the Prisons Department are especially careful to take into account their special circumstances, monitoring their needs and attend to them directly (medical, pharmaceutical, psychological, psychiatric). In addition, there is also cooperation with the Mental Health Services and the Clinic of the Prison Department.

There is no special isolation/restriction cell in the women's wing of the Nicosia Central Prison nor is there a separate record kept for women placed in solitary confinement/restriction. 

Access to mental healthcare

a. Mental health screening upon admission

When women are admitted to the Prison Department, their mental state is assessed to determine their needs, including the determination of post-traumatic stress disorder and risk of suicide or self-harm, and this assessment continues on a regular basis throughout their incarceration. In addition to their examination by a general practitioner (pathologist), upon their admission, an examination is carried out by the Mental Health Services of the Prisons Department and they are evaluated by a psychiatrist and a psychologist. 

Depending on the case, if it is deemed necessary or whenever a prisoner requests it, women can visit all the specialties of doctors and officials and, if necessary, they are put on medication, carry out sessions and are closely monitored by the specialists for possible urgent intervention.

b. Mental healthcare and psychological support

Measures are taken for women prisoners to have access to special mental healthcare and psychological support. These measures include cooperation with the Mental Health Services, the Social Welfare Services and the Office of Psychosocial Inmate Support of the Department of Prisons. Detainees have the possibility, through their collaboration with these Services, to attend sessions, receive medication, as well as psychological/psychiatric support. Efforts are also made for women prisoners to maintain contact with their families, for positive impact on their mental health.

Mental Health Services offer specialized interventions to address and meet the needs of a vulnerable population with mental health conditions that often lead them to commit crimes. The Mental Health Center of the Prisons Department covers the needs of a vulnerable population with particular psychopathology such as personality disorders, psychotic and emotional disorders, self-destructive behavior, problems of alcoholism, use and dependence on illegal substances.

c. Staff training to respond to mental health needs

Training is provided to Prison Department staff so that they are able to identify and recognize when women prisoners are under pressure to refer them for specialist support. At the Correctional Officers Academy, staff members are trained in various aspects of prisoner management and special attention is paid to their psychological status and risk assessment so that they are able to identify when prisoners need psychological intervention and support to refer them to the appropriate authorities. 

Staff members attend seminars, conferences and programs in Cyprus, abroad and online that have to do, inter alia, with prisoners with mental health conditions, substance use, and suicide prevention. Staff of Department of Prisons also maintain close cooperation with the Mental Health Services, the Social Welfare Services and the Office of Psychosocial Support for Prisoners and anything that comes to their attention is immediately reported to the authorities.

d. Additional psychological support for women detainees

The Office of Psychosocial Support for Prisoners also pays special attention to the psychosocial condition of all prisoners and their smooth living in prison, as well as their reintegration into society. 

In addition, primary counseling is provided on an individual level by specialized members of the Staff. Groups of experiential workshops are also created, depending on the psychosocial needs of the prisoners, and lectures are organized on issues that concern the aforementioned population. The Office also networks with other Services of the Department, where it can inform, direct and take care of the correct channeling of prisoners to the competent and more specialized existing Services.

The Prison Department employs a Social Welfare Officer who acts as a liaison between prisoners and local Social Services Offices for socio-economic issues concerning themselves and their families. In addition, the Social Welfare Services Officer studies the cases of prisoners and prepares relevant reports for the information of the Courts, the Department of Prisons and other bodies that have a relationship with the prisoners. The Social Welfare Services Officer also participates in the Classification Committee and the Committee of the Guidance Center for Extra-Institutional Employment and Rehabilitation of Prisoners, where decisions are made for the reintegration of prisoners into society. 

Other Relevant NPM Information 
on Women in Prison