NPM Overview

Facts and Figures

Recommendations

Solitary confinement

The Penal Correctional Institution for women in Požarevac should enable women convicts to make contact with family members during the enforcement of the disciplinary measure of solitary confinement.

Contact with the outside world

The Penal Correctional Institution for women in Požarevac shall allow children visitors to leave the visiting area before the woman convict they visited.

Pregnant and nursing women and women with their children in prison

The Penal Correctional Institution for women in Požarevac should enable pregnant women, nursing mothers and women convicts with children to participate in work and other activities that are tailored to their needs and abilities, and should provide conditions for child care in the absence of immediate maternal care.

LGBTIQ+ women

The Penal and Correctional Institution in Padinska Skela in Belgrade shall allow transgender women, at the time of intake at the Institution, to choose whether they will be searched and undergo a body inspection only by a male officer or whether they would undergo a combined search and body inspection in which those parts of a transgender woman’s body which are female in appearance would be searched and inspected by a female officer, while the remainder of the body would be searched and inspected by a male officer, while ensuring that neither the male not the female officer are present during the part of the search and body inspection of the transgender woman in which they do not participate. Officers of the Penal and Correctional Institution in Padinska Skela in Belgrade should address transgender women as women, unless requested otherwise by the transgender woman concerned.

The Prison Administration should organise and implement training for the staff of penal institutions on the standards and principles of equality and non-discrimination with regard to sexual orientation and gender identity, which should include training on how to appropriately, efficiently and professionally communicate with lesbian, gay, bisexual, transgender and intersexual prisoners and how to identify and respond to their legitimate needs. The Prison Administration should conduct this training in cooperation with civil society organisations which have experience and relevant knowledge in protecting and improving the rights of LGBTIQ+ persons, with special focus on the rights of transgender persons.

Detention issues

Body searches

Searches of women prisoners are conducted exclusively by women staff members of the Security Service. According to the internal search procedure, a detailed search must be performed upon admission and discharge and always when leaving and returning to the institution (use of benefits, escorts, etc.), before and after each visit, when changing the dormitory, before enforcing measures of isolation (solitary confinement, segregation, etc.) and if the woman prisoner opposes a partial search. 

In other cases, it is done only when it is considered necessary for security reasons. It is envisaged that the searches should be conducted by women officers and that a woman prisoner who is being searched must not be exposed to the views of third parties. Also, clothing items should be removed gradually, searched and then put back on, which ensures that the person being searched is not completely naked at any time and thus her dignity can be protected.

Acting on the NPM recommendation, the Penal Correctional Institution in Požarevac has revised the internal work instructions of the Security Service – Search Procedure, which now regulate the inspection of children who are located in the Institution with their mothers and those who come to visit their mothers in prison. Children are not searched in detail, but are examined primarily visually. Parents or guardians are asked to take out all the things that the child keeps with them, then the child goes through the door with an integrated metal detector. Searching of clothes is done only exceptionally, in case of suspicion that there are hidden objects with the child, and this is done by an official of the same gender as the child. Searches and touching of the child's body are excluded.

Solitary confinement, isolation

From 9th July 2021, the internal procedure of the Penal Correctional Institution in Požarevac for women Security Service for the enforcement of the disciplinary measure of solitary confinement stipulates that, during the enforcement of the measure, the convict has the right to a controlled visit for 1 hour, to conduct telephone conversations in accordance with house rules and to carry out correspondence, as well as to use these rights separately from other convicts. The security service keeps records – a diary of enforcement of solitary confinement, in which all important events are recorded during the enforcement of the measure of solitary confinement, including the realization of these rights of the convicts under the enforcement of the measure.

Pregnant women and mothers with children are not sentenced to solitary confinement.

Access to healthcare

During the examination at the admission to the detention centres, a detailed personal and family anamnesis is taken, as well as data on the existence of acute and chronic diseases, and the relevant hereditary diseases; data on pregnancies and births, data on the last menstruation, as well as data on addiction (smoking, alcoholism, drug addiction). In addition to the anamnestic data, data is also entered indicating that an adequate examination of the entire body had been performed, including the existence of tattoos or traces of injury.

During the initial medical assessment, information about previous pregnancies is always gathered, as well as about the current state of the menstrual cycle and, if necessary, a quick pregnancy test is performed. In all cases when a pregnant woman is admitted to the institution, she is tested for the presence of sexually transmitted diseases and, in accordance with the results, education programmes are conducted to prevent the transmission of the disease from mother to child.

The Institution employs two doctors and four full-time nurses, and they are all women. Under an employment contract, a gynaecologist is hired, also a woman, as well as a psychiatrist, a surgeon and a dentist, who are men. A psychiatrist is present at the Institution at least 4 times a month.

Women prisoners are provided with regular gynaecological and other examinations, as well as HIV tests. These examinations are announced and voluntary.

Mental health

The Strategy for the development of the system of enforcement of penal sanctions for the period 2022 – 2027, as a special activity for the measure Improvement of human rights of particularly sensitive groups of convicted persons, stipulates the improvement of the situation of persons with mental health conditions through, among other things, organization and implementation of trainings for employees and management of institutions for the enforcement of penal sanctions regarding specific actions towards persons with mental health conditions that are serving a prison sentence.

Women prisoners who can be treated by a psychiatrist are not referred to specialised institutions. They are involved in regular psychiatric and psychological treatments, and they are also involved in group cognitive-behavioural work. Currently, 10 persons work in the Treatment Service (4 psychologists, 4 special pedagogues, 1 social worker and 1 sociologist).

The experience of previous victimisation is taken into account when making individual rehabilitation plans. There are programs for convicts that are gender specific, but also those that do not include a gender perspective. It has been noticed that job training programs are mainly based on gender stereotypes (tailoring course, gardening, pedicure and manicure). Computer courses represent progress and a way out of gender stereotypes related to women's occupations.

It is taken into account that all women with mental health conditions that can be kept under control go to regular treatments, just like other convicts. According to the Analysis of the Strategy for the development of the system for the enforcement of penal sanctions, based on measures prescribed by the Strategy in the field of treatment and expansion of the number of activities for convicts, the project "Strengthening the capacity for training, education and employment of convicts" was implemented, which is funded by the European Union – IPA Fund 2013. The analysis showed that within this project, manuals for the implementation of new treatment programs were developed and 62 trainers were trained to implement treatment programs for persons serving a sentence and those in situations of vulnerability, including persons with psychosocial disabilities, for the purpose of their successful reintegration. Within the framework of Phase III of such project, new specialised treatment and reintegration programs were developed, including a program for empowering women, with special emphasis on victims of violence.

From time to time, certain associations conduct programs in prison that deal with the topic of gender-based violence. Members of the Security Service are mandated by an annual plan to go through the Suicide Prevention Program, which aims to raise the level of readiness of employees to detect early signs that can lead to suicide. Treatment officers work individually with women at risk of suicide.

Contact with the outside world

The amended Procedure for conducting visits to convicted persons in the Penal Correctional Institution for women in Požarevac stipulates that child visitors leave the area where the visit is carried out before the women prisoners they visited.

Accommodation and food

The NPM commended the efforts and activities undertaken by the Administration for the Enforcement of Penal Sanctions and the Penal Correctional Institution for women in Požarevac in order to improve the accommodation conditions of women serving a sentence. 

A new facility for semi-open regime has been built, which fully meets the modern standards of accommodation of persons deprived of their liberty. The facility has a capacity for about 160 people. The old pavilion was evicted and demolished, and the construction of a completely new pavilion for closed regime is underway, which will have the capacity to accommodate about 230 people, plus separation rooms.

Life in prison: regime and activities

The NPM commended the measures taken by the Penal Correctional Institution for women in Požarevac to employ women prisoners. Namely, during the visit made in 2021, the NPM observed that in order to improve the conditions for the employment of women, works were carried out on the working facility and sewing machines and a greenhouse for flowers were procured. About 70% of women were employed, which was a big improvement compared to the previous period.

The following activities are available to women in prison:

• Elementary school

• Courses: sewing, hairdressing, manicure, pedicure, computers, English, flower growing;

• Optional activities: art section, embroidery, sports activities, aerobics, pilates balls.

  There are programs for convicts that are gender specific, but also those that do not include a gender perspective. It has been noticed that job training programs are mainly based on gender stereotypes (tailoring course, gardening, pedicure and manicure). Computer courses represent progress and a way out of gender stereotypes related to women's occupations.

Prevention of violence

In cases of reporting violence against a woman prisoner on arrival or during her stay in the Penal Correctional Institution for women in Požarevac, whether an inter-prisoner violence or excessive use of force by the staff of the Institution occurred, after a detailed examination of the injuries, the management of the Institution must be notified, which then takes further measures. All injuries found on the prisoner's body are recorded in the medical documentation and photographed using a ruler scale, and the photographs are kept in the medical record. In case of psychological violence, psychological support is provided. If necessary or upon request, a conversation with a psychiatrist, psychologist, etc. is provided. Psychological violence should also be recorded.

Women in a special situations of vulnerability

Women with their children in prison

Mothers with children up to two years of age are placed in a special maternity ward at the Penal Correctional Institution for women in Požarevac. The space for mothers with children is nicely equipped and reminds of a natural environment for a child. Mothers are with their children all the time and they also have the help of professional staff. 

All children are regularly examined at the baby counselling centre within the Health Centre in Požarevac. Regular periodic examinations are conducted, as well as mandatory vaccination. In cooperation with the paediatrician of the Health Centre, fruit is first introduced into the diet, and later other additional nutrition. All food for children (fruit puree, etc.) is prepared in the Institution itself.

Foreign women

Foreign women are informed about the possibility to apply for a transfer to the country of origin. Some of them have submitted such a request, which is considered according to the established procedure. The Ministry of Foreign Affairs is informed about the entry of foreign women into the Penal Correctional Institution for women in Požarevac, in order to forward the information to the diplomatic and consular missions. 

Embassy representatives visit women prisoners. Foreign women, as all other prisoners, are also allowed to be in contact with the children through video calls.

Women belonging to ethnic minorities

Several Roma women interviewed by the NPM team during its visit to the Penal Correctional Institution for women in Požarevac, stated that they did not experience discriminatory behaviour of the prison services, that they were placed together with other non-Roma women and that they were treated in the same way as others. Institutional rules were clear to them and they had equal access to services and support systems, including the post-penal assistance system.

Women prisoners have the right to fast, and the menu is adjusted to their religious beliefs if necessary, as well as to practice religious customs in other ways.

LGBTIQ+ women

During 2016, the NPM visited the Penal-Correctional Institution in Belgrade – Padinska Skela, in order to monitor the treatment of transgender women.3 In this Institution, the NPM found transgender women serving prison sentences for misdemeanours. The NPM found that the Institution exercises due care when placing transgender women in dormitories and communal rooms, thus ensuring that they safely serve their sentences and enjoy all rights that are granted to other persons deprived of liberty. 

The NPM found that it is necessary to improve the practice of searches of transgender women in accordance with their gender identity. It is also necessary to organise and implement training for the staff of penal institutions on the standards and principles of equality and non-discrimination with regard to sexual orientation and gender identity, in cooperation with civil society organisations which have experience and relevant knowledge in protecting and improving the rights of LGBTIQ+ persons. 

Other relevant NPM information on women in prison

NPM Overview

Facts and figures

Recommendations

Healthcare

• Increase the number of professional medical personnel in the Female Department of Idrizovo prison

• Employ a psychologist in the Female Department of Idrizovo prison

Sanitary facilities and personal hygiene

• Improve access to sanitary knots in the female department of Idrizovo prison

Life in prison: regime and activities

• Introduce occupational activities for female prisoners

Contact with the outside world

• Introduce frequent and longer visiting hours than the current ones, taking into consideration that the female department of Idrizovo prison covers the whole territory of the country, thus depriving women inmates of their right to be imprisoned near to their place of residence.

Detention Issues

Body searches

a. Legal and regulatory framework

The search of convicted persons, including female convicted persons, is normatively regulated in several legal acts. The Law on Execution of Sanctions8  stipulates that the prison police, in addition to other responsibilities, is responsible for conducting searches on persons in penal and correctional institutions, while the by-laws regulate in more detail the bases and methods of conducting personal searches.9

The rules provide that personal searches and strip searches of persons deprived of their liberty are always carried out when receiving a sentence of imprisonment, i.e. detention, as well as when putting a person in a room for serving a disciplinary sentence, referral to solitary confinement and in other exceptional cases provided for in the by-laws.

The personal search is carried out by two officials of the same gender. The search is intended to be conducted in a manner that respects the inherent human dignity and privacy of the person, as well as the principles of proportionality, legality and necessity. It is especially emphasized that the search must not be used for harassment, intimidation or unnecessary intrusion into the privacy of the convicted person.

A strip search, which may also include a visual inspection of private parts, can be carried out only in exceptional cases, i.e. when there are reasonable grounds to suspect that the person has hidden items that can be used to harm themselves or others, may present evidence of a crime, or if these items could not be discovered with a simple search.

A strip search can be carried out only by order of the director of the facility, the warrant officer or the shift commander. When giving the order, it is stated that special account will be taken of the justification of the strip search, the frequency, proportionality and absence of discrimination on any grounds.

During the strip search, the personal dignity of the person deprived of liberty should be respected. The strip search is not carried out in front of other persons deprived of liberty, or in front of a group of employees in the institution. Two members of the prison police are present in the room where the strip search is carried out, and dogs are not allowed in the room.

The strip search is carried out in such a way that the person does not remove all their clothes at once, but first from the top half up and, after getting dressed, they remove the clothes from the bottom half down. Personal searches or strip searches of persons deprived of liberty are performed by members of the prison police of the same sex, or another person of the same sex determined by the director of the institution.

Regarding visitors to convicted persons, it is foreseen that their admission depends on the consent to be searched, whereby it is pointed out that visitors can always withdraw their consent and, in that case, the prison administration can refuse entry. Strip searches of visitors are not carried out, except in cases where there is reasonable suspicion that the visitor is in possession of illegal items. If there are serious security concerns that the visitor may bring an illegal object into the facility, a supervised visit will be allowed.

After the search has been carried out, all illegal items that they are not allowed to hold or use, as well as items that have been used or intended for committing crimes, are taken from the persons deprived of their liberty. A certificate is issued for the seized objects, and the objects are handed over for safekeeping in the institution. No certificate is issued for items belonging to the institution, as well as for items belonging to other known persons, which are returned to the owner after the search. The Ministry of Internal Affairs is notified of confiscated items that may be or are the subject of a criminal offense and they are handed over to an authorized official from this Ministry.

The provisions of the laws governing the treatment of convicted persons do not provide for intrusive searches involving body cavities, except for visual inspection of the intimate parts. The Law on Criminal Procedure10  provides that the expressed approval of the court is necessary for the search of the intimate parts of the body or body cavities and that the intimate searches are performed by a medical person.

The current normative framework does not foresee and does not allow for a complete replacement of the search through the application of new, more modern methods through the use of body scanning devices. In practice, devices are used for scanning shipments, that is, bags and other objects, as well as metal detectors in the form of gates and mobile detectors.

2. In practice

From the visits conducted by the NPM, including conversations with women deprived of liberty, data was obtained that, upon admission to the institution or when returning from a weekend, they first go through a metal detector and a search that includes external checks/searches of clothing. If the metal detector signals the possible presence of a metal object or the members of the prison police suspect that it is possible that the convicted person is hiding an illegal object, then a search is carried out that includes removing the clothes, in such a way that the person does not remove all the clothes at once, but first from half up, then after dressing she removes her clothes from half down. This is done in a separate place/cabin, where women are not exposed to the views of third parties. Women deprived of liberty who were interviewed emphasized the correct attitude of the prison police during the searches.

Means of restraint

a. Legal and regulatory framework

In 2022, a new regulation on the use of means of coercion was adopted, "Regulations on the closer conditions and the method of use of means of coercion by members of the prison police in penal and correctional institutions".11 . This regulation stipulates that members of the prison police may use coercive means against convicted and detained persons under the conditions and in a procedure established by the Law on the Execution of Sanctions12  and this regulation. The regulation also stipulates which coercive means can be used and when. According to this regulation, the means of coercion are: separation, tying, use of grip, rubber baton, water snorts, chemical agents and trained dogs. Medical sedation is not specifically intended as a means that can be used. The regulation stipulates which means of coercion cannot be used on a pregnant woman, during childbirth and after birth.

b. In practice

From the inspection carried out in the Evidence Book for the means of coercion, it was concluded that there were no registered cases of the use of means of coercion in the last two years. 

On the grounds of the records but also in communication with women deprived of liberty, there are no indications that the means of coercion are used in a discriminatory or disproportionate manner.

For the use of means of coercion, a record is always kept. A "Report on the use of means of coercion" is filled out by the official who used the means of coercion. In the report, an opinion regarding the legality and justification is given by the shift commander, the prison police commander and the director of the penitentiary and educational institution.

Access to mental healthcare

The mental health of women deprived of liberty is challenging. It depends on the mental strength of each individual woman, that is, how well the woman copes with the situation she is experiencing. Greater psychosocial and psychiatric support is not available, nor additional therapeutic and other types of occupational activities that would contribute to overcoming the stress caused by deprivation of liberty.

Upon admission to the prison, every woman is examined by a doctor, who performs the examination within 24 hours or no later than 48 hours if the admission is on a weekend. Apart from the general parameters (visual examination - determination of possible physical injuries), blood pressure is measured, anamnesis is taken, that is, previous health conditions for which the woman is undergoing therapy are ascertained.

A psychiatrist at Idrizovo prison comes once or twice a week and it is the same doctor who is regularly employed at the Skopje Psychiatric Hospital. In addition to this prison (otherwise the largest in Macedonia, which houses half of the total prison population), this psychiatrist also visits once a week Skopje prison, where persons in pre-trial detention are kept or persons with prison sentences of up to 3 years.

Taking into account the size of the prison population, as well as the responsibilities of the psychiatrist, it is more than obvious that this person cannot even remotely respond to all the needs of persons deprived of liberty, especially when it comes to women who are in situations of vulnerability.

At the same time, it must be emphasized that the support of a psychiatrist and psychologist is especially important for women, taking into account that many of them were victims of domestic violence, and some ended up in prison precisely because of a crime that was preceded by harassment, sexual, physical and mental abuse from a partner/spouse.

The need for professional help and support is especially important in the first days after a woman enters prison, when the risk of depression and suicide is particularly high. The poor material conditions in which the prison is located, the easy availability of objects that can contribute to injuries (knives, cutting scissors) also contribute to this.

From the interviews with women deprived of liberty during the last NPM visit (October 25 and 26, 2023), the general conclusion is that all the women are on sedatives (diazepam or Helex are mostly used and they started taking them after entering prison, particularly at night so they can sleep).

Regarding the accessibility of the psychiatrist, although the doctor tries to respond to all requests, this health service is insufficiently accessible and incomplete (women wait for their turn, and when they get access to the service usually it comes down to prescribing/correcting the therapy).

When it comes to support from a psychologist, the women's department does not have such a profile of an employee at all. There is only one educator (one educator for 70 women) and she is a social worker by vocation.

From the conversations with women deprived of liberty, the impression was given that the educator is available for every person. However, due to the number of women, some of them withdraw their requests to meet with the educator, as they consider that their problems are not "serious" enough and that there is no need to take up her time when there are other women with far more complex problems.

Regular individual or group discussions aimed at the resocialization and rehabilitation of women deprived of liberty are not conducted. When women request an examination by a doctor, they submit a written or oral (possibility for illiterate women) request to the prison police, which they hand over to the doctor. The doctor either comes to the women's ward of the prison where there is a modestly equipped outpatient room, or the woman is taken to the infirmary located in the men's part of the prison, which can be further traumatizing for some women.

Alternatives to detention

Based Pursuant the Criminal Code of Macedonia13, perpetrators of criminal acts may be sentenced to any of the alternative measures, namely: conditional sentence, conditional sentence with protective supervision, conditional termination of the criminal procedure, community service, court reprimand and house arrest. Although the application of alternative solutions from a general point of view is generally acceptable and in recent years the number of probation cases, i.e. the imposition of alternative measures, has visibly increased, the practice still speaks of a different situation, i.e. the courts are often inclined towards the imposition of prison sentences. 

From the last NPM visit to the women's prison department, it was ascertained that one of the two oldest women (age 68) was sentenced to a prison sentence of 4 years, which she started serving at the age of 67. The woman had visibly impaired physical and mental health and was unable to take care of herself. 

The Law on Execution of Sanctions14 specifically regulates the issue of pregnant, nursing women and mothers of minor children in prison. Article 192 stipulates that convicted pregnant women and nursing mothers are provided with expert medical care and that, according to the doctor's instructions, convicted pregnant women are sent to the maternity ward of the institution, as a rule, four weeks before giving birth. In this sense, it is provided that pregnant women and nursing mothers before and after giving birth receive food according to the type and quantity determined by the doctor.

In the same article, it is stated that, in the maternity ward, the convicted nursing woman as a rule remains until the completion of one year of the child's life, if she is not released from serving the sentence before that. The law also stipulates that the general regulations apply to convicted women during pregnancy, childbirth and maternity in terms of absence from work. As a rule, convicted pregnant women give birth in general health facilities, except in cases where the facility provides the necessary conditions for the safe delivery of a convicted pregnant woman. The birth register must not contain information that the child was born in a penitentiary institution. The postponement of the beginning of the execution of the prison sentence is another possibility provided by this law (Art. 143) if it is a convicted woman whose child is less than one year old or who is pregnant and there are no more than three months left until childbirth.

Other Relevant NPM Information 
on Women in Prison

NPM overview

Facts and Figures

Recommendations

Access to healthcare

Ensure that women prisoners and detainees undergo a medical screening and gender-sensitive risk assessment upon entry and that it is repeated on a regular basis to determine their needs.

Mental health

Ensure that therapeutic interventions are available to women prisoners and detainees with mental health conditions.

Non-discrimination

Ensure that women detainees and prisoners are not discriminated on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or any other status and that their individual needs are taken into account.

Foreign women

Ensure that all foreign prisoners and detainees, upon arrival, receive updated verbal and written information about their rights and the prison’s procedures in a language they understand.

Document if an interpreter was used during the admission interview.

Detention Issues

Body searches

a) Legal and regulatory framework

Rules on conducting body searches on detainees (2015/R-3) formed under Article 150 of the Prison and Parole Act (14/2013) dictate the modalities under which searches should be conducted on detainees. 

Article 8 of the Rules dictate that body searches for women detainees must be conducted by women prison officers. It also dictates that the human dignity of a detainee must be protected when searches are conducted. The rules also specify the circumstances under which body searches of different kinds can be done. Apart from these provisions, the rules on conducting searches don’t specify any special procedures to be followed when conducting searches on women detainees. Searches are conducted on every detainee, under the circumstances dictated in (2015/R-3). 

Invasive body searches are also practiced in the Maldives.  The Rules on conducting body searches (2015/R-3) dictate that if the officer conducting a body search on a detainee suspects that the detainee is hiding a prohibited item inside their body after a body search, an invasive body search can be conducted. The same article of the regulation (Article 11) dictates that searches must be conducted using modern equipment, and that an officer with the relevant training, or a medical officer, can conduct the search. Invasive searches on detainees must be conducted with the permission of the Director of Prisons. 

b) In practice

During its visit to Maafushi Prison’s Women’s unit in 2022, the NPM observed that strip searches are conducted in the presence of two women prison officers. Some detainees reported that a cloth or sheet was not provided to cover their bodies during the search. Further, some inmates noted that they opted out of going outside the prison for medical purposes to avoid invasive strip searches done in the facility. 

During a previous visit conducted to Maafushi Prison in November 2018, women prisoners informed that prison officers had harassed them, body shamed them, and humiliated them during searches, and that prisoners try not to go outside for medical consultations as well, to avoid searches. 

The NPM also observed that the room used by prison officers to conduct body searches was not up to standard, as it did not have adequate lighting, and the ceiling of the room was damaged. The NPM also observed that documentation related to strip searches conducted in this facility was not properly maintained. 

In light of these findings, the HRCM has recommended that alternative methods are used to conduct searches on detainees in the facility. However, the NPM has not observed the usage of alternative screening methods in facilities, to replace strip searches on detainees. 

c) Body searches of visitors

Body searches are also done on visitors that go in and out of Maafushi Prison. Rules on the basic necessities and services that detainees are entitled to (2020/R-29), formed under Article 150 of the Prison and Parole Act (14/2013), dictate that visitors coming in to the prison for family visits, or conjugal visits, must first be searched with a metal detector, or go through a walkthrough gate before entering a prison. If it is suspected that the visitor is carrying a prohibited item after this, a pat-down search must be done before the visitor is allowed entry. If it is still suspected that the visitor is carrying a prohibited item, they will be given the option to go through a strip search before entering the prison, or decline, and cancel the visit. The rules also dictate that the prison director must grant permission for such a search in writing, before a search is done. For women visitors, body searches are conducted by women prison officers, out of sight of male staff working in the facility. 

Solitary confinement, isolation

The NPM observed that some prisoners are kept in isolation for extended periods of time with no human contact outside of interactions with prison staff in Maafushi prison. There are provisions in the Prison and Parole Act of the Maldives that allow detention facilities to isolate prisoners as a disciplinary measure. 

As such, Article 102 of the Prison and Parole Act dictates that prisoners can be isolated for up to 30 days as a disciplinary measure. Article 103 of the Prison and Parole Act specifies that such a decision can be taken by the Direction of Prisons. It also specifies that the status of the detainee in isolation must be monitored by an officer allocated by the Director of Prisons at least every 6 hours. 

Further, this article also specifies that a prisoner must not be kept in isolation in cases where the prison officer tasked with monitoring the isolated prisoner believes the prisoner's mental or physical well-being may deteriorate due to the isolation. 

Access to mental healthcare

Article 49 of the Prison and Parole Act dictates that a medical assessment must be done on every detainee before they are admitted to the prison. The Article specifies that the medical assessment must include information on whether the detainee has had any mental health condition, and whether such condition might be a barrier to providing treatment to the detainee. 

However, the Act does not specify that such medical assessment, determining medical health care needs of the prisoner, should include information related to post-traumatic stress disorder or risk of suicide and self-harm.

The NPM has observed that a health screening is done for every detainee upon being admitted to Maafushi Prison. During this screening, detainees are asked by medical staff about their mental health care needs. However, a comprehensive psychiatric assessment of prisoners is not carried out, and there is no established mechanism to detect mental healthcare needs, and risk of suicide and self-harm among detainees.

Mental health treatment is available for women in Maafushi Prison through the medical center in the Prison. The medical center currently has a psychiatrist who can be consulted regarding mental health issues.

During its visit to Maafushi Prison in 2022, the NPM observed that many inmates had mental health conditions, and needed therapeutic intervention along with psychiatric medication. However, there was no inhouse psychologist or counselor in the facility. The immediate need for inhouse psychologists or counselors was highlighted by the psychiatrist as well. The NPM observed that there had been several incidents of self-harm by women inmates in the prison. Some detainees who self-harmed or were involved in violent outbursts were isolated by prison officers. Therapeutic intervention alongside medical intervention is crucial for such patients, and the lack of provision of such services increases the risk of self-harm by detainees. 

Sanitary facilities and personal hygiene

In women’s detention centers in the Maldives (Maafushi Prison in particular), the NPM also observed difficulties faced by women in receiving basic items such as sanitary napkins. During the NPM’s visit to Maafushi prison in 2022, women reported that they were provided a limited number of sanitary napkins per month. If a prisoner ran out of sanitary napkins, they had to get a written document from the doctor in order to get more.

In Maafushi Prison, the only prison in the Maldives with a separate unit for women, the NPM found low conditions of the cells, with the general cleanliness of the cells being low due to a lack of maintenance, and very high temperature in the cells. The NPM also observed that the toilets of the cells didn’t have a door separating them from the room, and that prisoners had little to no privacy when using the lavatory. 

Women in a special situations of vulnerability

The NPM of the Maldives has observed that the time in detention for women in the Maldives is largely affected by other factors in addition to their gender. Major factors that affect the experiences of women in detention in the Maldives include religion and country of origin, as well as disabilities that they might have. Such issues were observed most recently in the NPM’s thematic visit to Maafushi Prison in 2022. 

Foreign women

Foreign women in Maafushi prison reported that basic information related to the rules and regulations of the prison, and complaint mechanisms established in the prison, were not communicated to them in a language that they could understand. In addition to the lack of interpretation when it came to the aforementioned information, detainees also reported difficulties getting access to interpretation and contacting their respective consulates. 

Some foreign women faced difficulties getting access to food as well. In Ramadhan, foreign detainees that were not observing the fast did not have access to food before Iftar, and had to save food from the previous day in order to eat during the day. Furthermore, detainees who cannot eat specific types of food because of their religious beliefs have to get an approval from the medical officer of the prison in order to get access to food items that fall in line with their respective diets. 

Women with disabilities

In its visit to Maafushi Prison in 2022, the NPM observed that women prisoners with disabilities - such as hearing impairments - did not have the opportunity to participate in educational and rehabilitation programs conducted in the prison, as the programs were not tailored to cater to their needs. Additionally, the Prison did not have trained staff who could communicate with them in sign language. 

Other relevant NPM information on women in prison

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)21, 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,22 and Description of the operation of a specialised open-type place of detention.23 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.28

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,29 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.30 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.31

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 control32.

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 recommendations33 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.34

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.35

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 considered36. 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:37

• 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 Procedure40 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,41 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.42 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 men43. 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 prison44, 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.45 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.46 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.48

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 regulations49 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 regulations50 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.51 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.52 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.53  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.54 
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”55. 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.56

Use of means of restraint

The use of restraints is regulated by the Ministry of Justice decree No. 16/2014 (XII 19)57 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