NPM Overview

Facts and figures

Recommendations

Sanitary facilities and personal hygiene

• Provide the sanitary facilities and resources needed to meet the specific hygiene needs of women, especially for pregnant, breastfeeding or menstruating women.

• In mixed prisons with separate units for women, ensure the presence of a nurse at the women’s facility, at least for a few hours every weekday.

• In mixed prisons with separate units for women, ensure the provision of health care by a general practitioner and also, if possible, a psychiatrist, directly in the building.

• Prisons should not place women in unsuitable cells until health care is provided in the facility.

Pregnant and nursing women

• Take extra care in setting up and implementing processes related to pregnant women and their ability to be with their child after delivery. 

Detention Issues

Sanitary facilities and personal hygiene

During detention, persons deprived of liberty may be subjected to only those restrictions necessary to fulfil the purpose of detention and their human dignity must be respected. One of the prerequisites for ensuring dignified conditions of detention may be the provision of hygiene, taking into account the individual needs of the person. Maintaining good hygiene conditions and immediate access to appropriate facilities are essential components of a humane environment. While the law on detention imposes an obligation on the person deprived of liberty to observe the principles of hygiene, it is nevertheless necessary for the prison to provide suitable facilities and equipment, the necessary time and other conditions to enable the person to wash daily, shave regularly and perform other routine hygiene tasks.

In the visits conducted by the NPM to remand prisons in 2022, some women deprived of liberty stated that they had to "pre-wash" their hair with warm water in the sink in order to complete their hygiene within the set time limit. In one prison, women reported that they were not allowed to shower more often during their menstrual periods.91

During visits conducted in 2024, in one prison which manages 2 separate areas (one for women and one for men), the NPM found that there was no medical staff (doctor or nurse) working in the women’s unit. Women were transported to the doctor in the second facility, where they waited for the examination in unsatisfactory conditions, often from the early hours in the morning until the evening. The cells in which women waited were small, unsightly and not suitable for placing a larger number of people. The NPM also found a problem with the length of the waiting time for the dispensing of medicines. Women were often given medication after more than 10 days of showing symptoms of the disease.

The individual needs of each person deprived of liberty must always be taken into account. The time required for personal hygiene, the material conditions required for it and the frequency of showering may differ from one group to another, for example, for different age groups, for women with a child in prison, or in the case of reduced mobility or disability. Similarly, persons with a doctor's recommendation for more frequent showering have their frequency and time of showering adjusted individually. Also, women who have long hair need more time to wash it.

According to the World Health Organization, prisons should provide sanitary towels and tampons free of charge and ensure that they can be disposed of safely. Unrestricted access to sanitation facilities and washrooms is also very important. Failure to provide these basic necessities can in itself constitute degrading treatment.92

Women in special situations of vulnerability

The Prison Service has a duty to assess (or determine) whether a person deprived of liberty is pregnant. If the attending physician finds that the person is pregnant, he/she shall prepare information on this fact and submit it to the regional or hospital committee for consideration. The report of the regional or hospital committee on the discussion of the medical fitness of the accused shall be submitted by the attending physician as information for further action by the prison director . The internal regulation of the Prison Service does not specify what measures the prison director may apply when pregnancy is established. However, it is always necessary to inform the pregnant woman of the possibility to ask the prison director to allow her to keep and care for her child for one year after the birth.

A woman who gives birth to a child while in prison may have the child with her, unless the child has been entrusted by the court to the care of another person.93 At the request of a woman in prison, the director of the prison shall decide on the placement of the child together with the mother, unless the child has been entrusted by the court to the care of another person or proceedings in this matter are pending before the court, and the granting of the request is in favour of the child. Before the decision is made, the director shall request an assessment from the health service provider in the field of general medicine for children and adolescents and the child welfare authority competent according to the place of residence of the child as to whether such a procedure is in the best interests of the child, and a psychological assessment of the woman94. The woman may subsequently lodge a complaint against the director's decision within 3 days of its notification. The complaint is then decided by the Director General of the Prison Service of the Czech Republic or an employee of the Prison Service authorised to do so. If the application has been rejected, the accused woman may repeat the application at the earliest 14 days after the decision has become final, if the reasons which led to the rejection of the application appear to have ceased to exist.

Other relevant NPM information on Women in Prison

NPM overview

Facts and Figures

Recommendations

Body searches

All state and territory governments should end the practice of routine strip searches of women in prison and institute alternative ways to conduct searches that are less restrictive, including through the use of body scanner technology.

LGBTIQ+ women

All jurisdictions should make public their policies on the management and placement of trans, intersex, and gender diverse people in prison to increase transparency and promote opportunities for discussion in and with the community. 

Alternatives to detention

All jurisdictions should conduct research into, and implement, gender-responsive diversion programs, and suitable pre-trial detention alternatives where appropriate. 

Detention issues

Body searches

The use of routine strip searches1 in women's prisons has raised significant concerns regarding privacy, dignity, traumatisation, and the potential for abuse. The majority of women in prison have experiences of victimisation and trauma, including childhood sexual abuse, intimate partner, family and non-intimate violence, and violence from carers, making the practice of strip searching particularly harmful. 

There is widespread concern about the inefficacy of strip searches in detecting contraband entering prisons. The impact on a person being searched is disproportionate to the utility of a search. The Queensland Human Rights Commission (QHRC) found that strip searches were ‘successful’ in detecting contraband only 0.01 to 0.015% of the time, and the Western Australia Office of the Inspector of Custodial Services identified that only 1 in every 1500 strip searches yielded a contraband find. Likewise, Tasmanian Prison Services conducted 841 strip searches of women in a 7 month period, with only 3 items found. 

According to the Australian Human Rights Commission (AHRC), current practices often involve invasive searches that can be traumatising for women, in turn hampering progress towards rehabilitation. It is also reported that women may elect not to engage in contact visits to avoid undergoing a strip search due to their traumatic nature – compounding their isolation from family and community. The routine strip searching of women is considered incompatible with rule 52.1 of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), which states that “[i]ntrusive searches, including strip and body cavity searches, should be undertaken only if absolutely necessary”. 

Routine strip searches are still carried out across the country. Uniformly, touching the detained person during the search is not permitted, however all states and territories have provisions allowing for the use of force to affect a strip search in instances of non-compliance. 

Depending on the jurisdiction, strip searches typically occur at: reception to or discharge from a facility, movement between facilities, exposure to a non-sterile area, and before and after contact visits. Strip searches may also occur at other times. For example, in the Northern Territory strip searches are undertaken when people enter periods of separate confinement. Often these people can be subjected to multiple strip searches during their period of confinement, despite not having left their cell.

Additional and targeted strip searches may occur when a suspicion is held by an officer that a detained person is in possession of contraband. According to policy in most jurisdictions, targeted strip searches should be used as a last resort measure when other forms of search are considered insufficient. 

Most jurisdictions have detailed legislation which outlines record-keeping relating to strip searches, including details of the officers conducting the search. All jurisdictions state that searches must be carried out by at least two officers/nominees of the prison Governor and must be of the same gender as the individual being searched. There are exceptions to this practice in the case of an emergency or staff availability. 

There is consistency in legislation, or internal policies, across the states and territories that strip searches must be carried out in such a way as to minimise the impact on the dignity of the individual. Where gaps in legislation exist, internal policies are responsible for dictating practices and can be subject to interpretation. 

In Tasmania, there have been reports of the overuse of strip searches, which is particularly concerning considering the significant impact on detained people for the extraordinarily few ‘successful’ searches. Alternative search methods must be employed, such as whole-body scanning, x-ray, and wand searches to minimise the need for invasive searches, as recommended by the Western Australia Office of the Inspector of Custodial Services, the Inspector of Custodial Services of New South Wales (ICSNSW); QHRC, and other bodies. 

Additionally, staff training programs should provide instruction on working with young girls and women, and emphasise staff conducting searches with a trauma informed focus, promoting sensitivity, respect, and dignity, as highlighted by the AHRC.

Solitary confinement, isolation

Isolation of different kinds occurs across the country in both adult and youth facilities. Detained people may be placed in isolation for different reasons, such as: their own safety (e.g. a specific class of person separated from mainstream detained persons); for the safety and good order of the facility; or for behavioural management.

Prolonged isolation has been shown to have a significantly detrimental impact on the physical and mental health and wellbeing of people in prison. One particular type of isolation is solitary confinement. Under the Nelson Mandela Rules (Rule 44), solitary confinement refers ‘to the confinement of [detained people] for 22 hours or more a day without meaningful human contact’. An individual is locked in a cell often with little more than a bed, sink and a toilet. Depending on the situation (for example, where it is for a disciplinary breach), there may be limited-to-no contact with other detained people, staff, or visitors and there may be reduced access to other opportunities or facilities. 

The Victorian Ombudsman found in their review of the Dame Phyllis Frost Centre that there were “several” women who had been housed in a solitary confinement unit for over 12 months, and rarely were any steps taken to address the behaviours or circumstances which led to their placement in solitary confinement or to support their transition back to mainstream placement in preparation for their release from custody. The report also acknowledged impacts of solitary confinement on mental health are well-documented and include anxiety, panic attacks, chronic depression, rage, poor impulse control, paranoia and psychosis. 

The AHRC emphasises the need to limit the use of solitary confinement and explore alternative approaches to address behavioural issues, a position supported by human rights organisations and Australian NPM members. These alternatives may include therapeutic interventions and restorative justice practices, as suggested by the ICSNSW. 

The AHRC highlights the importance of promoting a supportive and inclusive prison environment that encourages social interaction. Access to educational and vocational programs should also be provided, as recommended by the ICSNSW. Establishing peer support groups can further enhance social connections and support networks for incarcerated women. Additionally, regular mental health assessments should be conducted for women in solitary confinement, and access to mental health services should be prioritised in line with the recommendations of the AHRC. 

Decision making around the placement of people in solitary confinement should be rigorously documented and subject to routine review. Detaining authorities in the jurisdictions with human rights legislation (Australian Capital Territory, Victoria and Queensland) must give proper consideration to relevant human rights before making a decision. The right to humane treatment when deprived of liberty is a protected right in all three jurisdictions. Efforts should be made to address the factors leading to isolation or segregation, including infrastructure, resourcing, and implementing behavioural interventions, as acknowledged by the AHRC, to reduce the instances and duration of solitary confinement placements.

Use of means of restraint 

Access to mental healthcare

Women in Special Situations of Vulnerability

Pregnant women and women with children in prison

Pregnant women in prison represent a relatively small though particularly vulnerable prison cohort in Australia and are subject to various policies and practices depending on where they are incarcerated. In some jurisdictions, pregnant women and new mothers are permitted to live in separate mother and baby units in correctional facilities. The detrimental impacts of mother-infant separation at or shortly after birth are well known3 and a child’s development is significantly shaped by the nature of their relationship with their primary caregiver during infancy.4 

The antenatal and postnatal needs of women and their children in prison should be supported. Particular consideration should be given to the unique needs of Aboriginal and Torres Strait Islander women and cultural child-rearing practices. The Australian NPM encourages all state and territory governments to develop policies and practices that reflect the unique needs of pregnant women and mothers in prison.

LGBTIQ+ women

Increasingly, consideration is being given to the experience of trans and gender diverse people in custody, including staff. This is reflected in the policy framework which increasingly addresses the specific situations of trans, gender diverse and intersex people deprived of liberty.

However, how these policies are implemented in a practical way remains unclear. In particular, there is inconsistency in how detained transgender people are accommodated in prisons. Although current Australian Federal Police Policy states that, where the person identifies as transgender, searches should be conducted by a person of the gender to which the person identifies, the Commonwealth NPM has observed that this doesn’t always occur in practice, either because the person is not a ‘recognised transgender person’ (a person whose record of sex is altered under Part 4 of the Births, Deaths and Marriages Registration Act 1997 (ACT) or under the corresponding provisions of a law of a state or another territory), or because the officer undertaking the search does not feel comfortable doing so. 

While the consideration given to the experience of trans, intersex, and gender diverse people in custodial policies is improving, they continue to experience significant barriers in prison environments. The Australian NPM encourages all jurisdictions to promote opportunities for discussion of these policies in and with the community. In addition, policies for prisons should be amended to ensure they do not assume a difference between legal sex and gender presentation. They should also be amended to ensure they do not conflate innate variations of sex characteristics with being gay, lesbian, bisexual, trans, gender diverse; or being about gender identity or sexual orientation.

Indigenous Women – Aboriginal and Torres Strait Islander Women

Aboriginal and Torres Strait Islander women accounted for almost half (41%) of the total population of women in prison in 2023. Aboriginal and Torres Strait Islander women were imprisoned at a rate nearly 20 times greater than non-Aboriginal and Torres Strait Islander women. 

In addition to over-representation in prison, the experience of Aboriginal and Torres Strait Islander women is often additionally challenging, due to the history of institutional trauma. Aboriginal deaths in custody are a serious and ongoing issue, requiring the attention of Australian, state and territory governments. Between 1991 and 2023, 49 women died in custody in Australia, and 20 of those were Aboriginal and Torres Strait Islander women.

Alternatives to detention

Between 2009 and 2019, the female prison population in Australia increased by 64%, and between 1994 and 2021, the proportion of the prison population made up by women has risen from 5% to 8%. Over the last few years, the rate of imprisonment for women in Australia has begun to stabilize; however, this increase in a single decade highlights the need for gender-specific services and pathways to support women who come into contact with the legal system. Non-custodial sentences such as suspended sentences, good behaviour bonds, and community-based orders (such as community treatment orders and community work orders) are frequently utilised in sentencing women. Facilities such as the Wandoo Rehabilitation Prison and Boronia Pre-Release Centre for Women in WA, the Bolwara House Transitional Centre in NSW, the Helana Jones Centre, and Townsville Correctional Centre Female Farm in Queensland, provide alternatives to the standard prison environment, providing increased autonomy, a heavier focus on rehabilitative programs and building skills pre-release to support women upon re-entering the community. While these facilities are not alternatives to prison and still see women deprived of their liberty, it is important to acknowledge investment in environments which are more conducive to rehabilitation.

This report has been endorsed by the following members of the Australian NPM: 

Australian Capital Territory (ACT) Office of the Inspector of Correctional Services 

ACT Ombudsman 

Commonwealth NPM 

Northern Territory (NT) Office of the Children’s Commissioner 

NT Ombudsman 

NT Principal Community Visitor, Community Visitor Program 

South Australian Training Centre Visitor 

Tasmanian NPM 

Western Australian Office of the Inspector of Custodial Services 

NPM Overview

Facts and Figures

Recommendations

Body searches

The use of routinely conducting body searches (frisk searches) in order to prevent inmates carrying sensitive documents back to their cells must end. 

The Swedish Prison and Probation Services should promptly ensure that body searches are carried out in accordance with the framework of current law and internal protocols, i.e. not routinely. 

Pregnant and nursing women

Violating the integrity of, and displaying lack of respect and compassion for, pregnant women deprived of liberty as a result of not using updated and individual assessments of the need for use of restraints and the use of male prison officers in conjunction with visits to hospitals must be reduced. The Swedish Prison and Probation Services should promptly monitor and make sure that the agency’s staff adheres to the established procedures within the Prison and Probation Services in order to ensure that: 

a. pregnant women are not routinely and unnecessary being restrained when visiting and undergoing medical care;

b. only women prison officers are present during medical examination and treatment of pregnant inmates;

c. documentation of hospital visits by pregnant inmates are made and kept in order to facilitate evaluation of the use of shackles and gender of officers. 

Detention issues

The Swedish Prison and Probation Service´s prisons are divided into three security levels (1–3), with 1 being the highest and 3 the lowest security level. The division into security levels is based on an overall assessment of the conditions an institution has for supervision and control. There is, however, no security level 1 prison for women inmates. In this context it can be noted that the Parliamentary Ombudsmen has stated that the Prison and Probation Service should carry out a review of the security levels for the prisons that accept women in order to secure differentiation.

Body searches

a) Legal and regulatory framework

At a central level, there is guidance regarding body searches outlined in the Swedish Prison and Probation Service's regulations and general guidelines for prisons (FARK prison) and remand prisons (FARK remand prison).7 Regarding invasive body searches, in FARK prison and FARK remand prison it is stated that body searches in the form of rectal or vaginal examinations should be conducted in hospitals. Body searches involving an examination of an inmate's oral cavity, other than an ocular inspection, should be performed by a physician or nurse following instructions provided by a physician.8 These regulations are general and do not specifically address women. However, local procedures for body searches exist in women's facilities. The extent to which these local procedures are implemented, however, is unknown. 

b) In practice

There are examples demonstrating that body searches have been carried out systematically, without individual assessment. In the decision JO 2021/22, the Parliamentary Ombudsmen directed severe criticism towards the Prison and Probation Service (Ystad Prison) for routinely conducting strip searches after delivery of official correspondence. The stated purpose behind these searches, according to Ystad Prison, was to prevent inmates from carrying sensitive documents back to their cells. 

During the investigation conducted by the Parliamentary Ombudsmen, the prison adjusted its procedures. Instead of the regular strip searches, they initiated frisk searches of inmates, deeming the previous searches disproportionate. In its decision, the Parliamentary Ombudsmen emphasized that there is no legal basis for conducting strip searches on all inmates either, as a standard control measure following the receipt of official correspondence. Strip searches are highly invasive, constituting a significant breach of privacy. Furthermore, the principle of proportionality must always be considered before implementing any form of control measure. Concerning the new procedure, it was observed that even frisk searches require legal justification, which was lacking in this case.

In its decision JO 2016/17, the Parliamentary Ombudsmen criticized the Swedish Prison and Probation Service after an incident where a male prison officer conducted a frisk search on a woman inmate during her entry into a remand prison. According to the remand prison, this action was taken under a provision in the Swedish Detention Act, allowing a male officer to search a woman inmate in exceptional cases. The provision referred to was meant for rapidly arising situations where there are no women officers available, and where security concerns make it unreasonable to delay the search. The Parliamentary Ombudsmen noted that the remand prison handles a significant volume of daily inmate entries and is required to conduct frisk searches on all these individuals. It involves a routine operation that the remand prison can plan for. Thus, the remand prison has the ability to anticipate the need for women officers to search women inmates.

In its decision JO 2021/22, the Parliamentary Ombudsmen address a case where a woman inmate was placed in isolation to undergo a body search because it was suspected that she had swallowed narcotics. The prison used a customs rest room (pacto toilet) to perform the body search. When narcotics were not detected in the excrement, the woman was asked if she would agree to an additional body search at a hospital, in the form of a vaginal and rectal examination. According to the Parliamentary Ombudsmen, the documentation indicates that the facility used a perceived consent as the basis for the decision to perform an invasive body search. The Parliamentary Ombudsmen stated that the space for allowing a consent to be enough to execute a forced action which would otherwise require a legal basis is highly limited and that it is the decision of the Prison and Probation Service that is the deciding factor of whether an inmate should undergo an involuntary action such an invasive body search. From the inmate’s perspective, it must have appeared as though the alternative was continued isolation. The Parliamentary Ombudsmen stated that the voluntariness in such a situation must be regarded as illusory. The staff responsible received criticism for how they handled the matter and for certain shortcomings in their documentation. 

c) Body searches of women visitors

Regarding body searches of women visitors, it's worth noting that, according to the guidelines for prisons (FARK prison), in cases where a visitor undergoes a strip search, it should be documented. According to FARK prison, it is advisable that the documentation include details about who authorized the measure, the reason for implementation, the outcome, the person conducting the measure and any witness present..9

In 2015, the Parliamentary Ombudsmen received a complaint from an inmate. He expressed concerns that his wife, during her visits to him in Skänninge Prison, was consistently subjected to strip searches without individual assessment. On each occasion, prison officers claimed these searches were random checks, conducted according to the institution's procedures. However, Skänninge Prison denied implementing such a routine and also stated that there was no record of visitors undergoing this type of inspection. Thus, it was a case of conflicting statements. In its decision JO 2016/17, the Parliamentary Ombudsmen emphasized that the Prison and Probation Service should implement a central procedure, for all facilities, to document these types of control measures.

Use of means of restraint

a) Legal and regulatory framework

There are deficiencies in Swedish legislation regarding use of means of restraints. For instance, both the Prison Act and the Detention Act lack a clear definition of shackles. On several occasions, the Parliamentary Ombudsmen have observed that the regulation of the use of physical restraints is, to some extent, regulated further down in the hierarchy of norms, inter alia in regulations and handbooks issued by authorities. This creates legal uncertainty for individual inmates who become subject to such measures.10

The Swedish Prison and Probation Service has developed a central handbook which provides its staff with instructions and guidance on matters related to security, the Security Handbook. The Safety handbook includes a section that outlines the conditions under which handcuffs and shackles can be used. Furthermore, the referral response in the Parliamentary Ombudsmen’s decision JO 2020/21 shows that the Prison and Probation Service has outlined a manual concerning the treatment of accompanying children and pregnant women in prisons and detention centers (2018:5), providing detailed guidance on detention procedures.11 At a local level, there are specific guidelines and instructions regarding, inter alia, the use of belt restraint and security assessments in connection to transport..12

The Security handbook specifies that the decision of handcuffs and shackles should be evaluated on a case-by-case basis, considering the security assessment and the person’s current condition. If means of restraint are deemed necessary, waist shackles should not be employed. Moreover, a woman in labor should not be incarcerated. According to the Swedish Prison and Probation Service's manual on accompanying children and pregnant women (2018:5), an individual risk assessment should always be conducted. However, the use of handcuffs and shackles should generally be approached with restraint. During the advanced stages of pregnancy, means of restraint should only be considered in exceptional cases..13

b) In practice

In 2015, the Swedish NPM selected women deprived of their liberty as a special theme. Inspections were conducted at all prisons that accommodate women. During the inspection of the Hinseberg prison, the following information was gathered regarding the use of means of restraint during transports to healthcare facilities. 

A security assessment is conducted for all women at the prison. When planning transports, a risk analysis is performed based only on the existing security assessment. Almost all inmates had a security assessment of the standard level, which means that women in this group should be restrained with waist shackles during transports and outings. 

Several women inmates reported various issues they faced when being restrained during visits to healthcare facilities. One woman had to sit in a public waiting room wearing waist restraints. Another woman described that she was sedated for a surgical abortion while still wearing waist shackles and that she woke up from anesthesia still restrained. A woman with a child in the facility mentioned that she was handcuffed and restrained during all prenatal care visits before the child was born, and also during the transport to the hospital when she was in labor. After giving birth, a new security assessment was conducted, and she was no longer required to wear restraints. Several inmates described challenges with restroom visits at healthcare facilities, where staff had to lower their underwear due to the handcuffs and waist restraints. Furthermore, it was noted that inmates were restrained with waist shackles or handcuffs even during X-ray examinations. 

Based on the findings that emerged during the inspection of Hinseberg, the Parliamentary Ombudsmen decided to conduct a further investigation into the Prison and Probation Service’s security assessments. In its decision JO 2017/18, the Parliamentary Ombudsmen states that the Hinseberg prison’s decision on control measures appeared to be based on standardised assessments regarding the inmate’s security level. During the assessment, consideration for the inmate’s current state and integrity was neglected. 

In the opinion of the Parliamentary Ombudsmen, a correct scrutiny would probably not have led to the assessment that it would be proportionate to use handcuffs and waist shackles on a woman with ongoing labour pains being transferred to a maternity ward to give birth. Additionally, the Parliamentary Ombudsmen states that the Prison and Probation Service need to focus efforts to ensure that a satisfactory level of control and security is achieved, in each individual case, without the inmate being subject to measures perceived as degrading and not proportionate on the basis of the individual’s condition during, for example, medical care and treatment, when being moved to health care facilities or during toilet visits. In order to follow up on security arrangements and results in adjustments to security assessment, such as the use of shackles, this must be put on record. 

At the time of the inspections there was no specific manual regarding pregnant women. However, in August 2018, the previously mentioned manual on accompanying children and pregnant women came in to force (2018:5)..14 The Security handbook also includes a section addressing pregnant women. Nevertheless, the Parliamentary Ombudsmen have noted that the problems related to static security assessments and the disproportionate use of control measures within the Prison and Probation Service have persisted even after the NPM's thematic inspections in 2015. 

In a decision dated 2019,15 it was revealed that a woman inmate undergoing a medical abortion was compelled to wear ankle restraints for a substantial duration of her hospital stay. Staff from the Swedish Prison and Probation Service, including a male officer, were present in the treatment room. The Parliamentary Ombudsmen observed that, according to the Swedish Prison and Probation Service's own manual, the use of restraints should be applied restrictively when it comes to pregnant women. In light of this context, the Ombudsmen concluded it appears doubtful whether the Prison and Probation Service's risk assessment adequately took into account individual and current factors, including the woman’s integrity and dignity. 

Further severe criticism was expressed in a decision from 2021,16 where a woman inmate undergoing a late abortion was subjected to waist shackles and/or ankle shackles during a substantial portion of her two-day hospital stay and protracted labouring.

The Parliamentary Ombudsmen have also repeatedly observed deficiencies in documentation regarding the use of restraints.

Other relevant NPM information on women in prison

NPM, Report from the OPCAT unit for 2015-2017

Decisions regarding body searches: JO 2016/17, p. 273; JO 2016/17, p. 277; JO 2021/22, p. 305; JO 2021/22, p. 321

Decisions regarding means of restraint: JO 2017/18, p. 131: JO 2020/21, p. 198; JO:2021/22, p. 330

Protocols regarding means of restraint: Ref. no. 2527-2015 

Facts and figures

Recommendations

Body searches

The Prison Administration (URSIKS) should consider the possibility to also record the reason for the rejection of a replacement clothing by the person detained during the personal search, by extending or supplementing the computer record in the part pertaining to recording such refusal. 

For such cases of rejection of replacement clothing by the detainee, the Prison Administration should consider preparing an official note or a statement in which the reason for the rejection of the replacement clothing and the prisoner’s signature will be evident. Such a form should be filed in the detainee’s personal file.

Solitary confinement, isolation

The Prison Administration should consider installing a toilet in the special room, since the present arrangement does not provide the respect of a person’s personality and dignity.

Mental health

The Prison Administration should, in cooperation with the Ministry of Justice and other competent authorities, adopt the necessary measures to ensure that people with mental health conditions at the time of deprivation of liberty in the women’s prison (ZPKZ) are granted with appropriate living conditions and specialised treatment which will consider their specific needs with suitably trained staff.

Detention Issues

Body searches

a. Legal and regulatory framework

Prisons in Slovenia can perform security searches of persons deprived of liberty and visitors and personal searches only on persons deprived of liberty, under the following: 

-  Enforcement of Criminal Sanctions Act,21 Article 236;

-  Rules on the exercise of the duties and powers of prison officers;22 and

-  Rules on the implementation of remand23 

The legal and regulatory framework specifically provides that personal searches and the second part of security searches - which entail pat-down search - can only be performed by an officer of the same sex as the detainee.

Security searches are performed in accordance with Article 236d of the Enforcement of Criminal Sanctions Act. The first part of the security search should be carried out using a device that detects metal parts to check the presence of metal objects on the person. The second part of the security check is carried out searching the visible surface of the clothes the person is wearing, shoes, soles, outerwear, headgear, belt, and cuffs, and it entails pat-down search. 

Personal searches are performed on the basis of Article 236f of the Enforcement of Criminal Sanctions Act. Before carrying out personal searches, officers should inform the person of the reasons for the search and the course of the search. The correctional officer conducts a personal search of the detainee by ordering the convict to submit for examination all the things and clothes he or she is wearing, then examines the surface of the detainee's body and scalp. The detainee shall be provided with alternative clothing for the duration of the personal search. Under the Act, the personal search should be carried out by two correctional officers who are of the same sex as the detainee, without the presence of other persons. If the performance of a personal search is necessary because delaying until the arrival of another correctional officer would be dangerous, a personal search is exceptionally performed by one correctional officer.

Personal searches conducted in case of suspicion of prohibited items should be authorised by written order issued by the head of the security department or verbal order of the operational manage, if the head of the security department is absent and it would be dangerous to delay the personal search. A report on the search carried out should be submitted to the operational manager, the director of the institution and the head of the security department.

b. Circumstances and modalities for body searches

A personal search is mandatory under the Enforcement of Criminal Sanctions Act (Article 236f), in the following circumstances: 

[…] - upon admission for the person’s prison sentence, unless the convicted person is admitted to a separately located semi-open or open unit;

-  unless the convicted person serves their sentence at a separately located semi-open or open unit;

-  prior to being tested for illicit psychoactive substances;

prior to being placed in a special room; and

-  whenever there is a suspicion that the convicted person is concealing prohibited items, and these items cannot be detected by means of a security search.

When detainees come from out-of-facility benefits and special exits without being accompanied by correctional officers, correctional officers are allowed discretion as to which person will be personally searched and which one will not24. Also, the institution's security plans (which are internal in nature) may stipulate that, under certain circumstances, only the first or only the second part of the security search is carried out.

The personal search is carried out in a separate room, by a person of the same sex as the detainee. The person undergoing a personal search is offered a change of clothing (separate top and bottom) before the personal search begins. Replacement clothes are made of washable material and are washed after each use. The personal search is carried out gradually in two parts.  First, the upper part of the clothing is removed and a search of the upper part of the body is carried out. Then, the person puts the upper part back on, followed by the removal of the lower part of the clothing, and then an examination of the lower part of the body is carried out. 

The room used for personal searches on the ground floor of the women’s prison is also used for the needs of the prison shop and for the second part of the security search of prisoners. It was found that spare clothes are kept in the room. The NPM was informed that some women detainees prefer not to use the replacement clothing during the personal search, which is recorded in the E-prison computer records. As recommended by the European Committee for the Prevention of Torture (CPT) and other bodies, the person examined should never be completely naked and the personal search should be carried out gradually, in two steps.

c. Records of body searches

Security and body searches are recorded in the computer records, which are called E-Prisons. The record includes, among other things, the following information: name and surname of the person who was searched, date and time of the search, details of the search, and who performed the search. In case of identified peculiarities during the search, an official note is made.

The computer records of E-prisons also record if the detainee did not accept the offered replacement clothing, but the reason for the refusal is not recorded. It is extremely important that everything necessary is done so that the dignity of women deprived of liberty is respected during personal searches. In this regard, in case the person refuses to wear the alternative clothing, this has to be recorded with the person's signature, specifying that the prisoner was informed of the possibility of using alternative clothing for the time of the personal search and whether they used the possibility or waived it.

d. Invasive body searches

According to the information available to the NPM, invasive body searches are not conducted in the case of incarcerated persons, and the legislation does not provide for such searches. In cases where there is a possibility that the prisoner is hiding or carrying illegal psychoactive substances or other illegal items inside their body, the Enforcement of Criminal Sanctions Act provides for the possibility that the director of the institution decides to place the prisoner in a single room with special equipment. 

Such placement can last for the maximum of seven days. A detainee staying in a single room must be visited daily by a doctor or a medical staff of the institution. The director of the institution decides that the execution of the decision on this placement is stopped when, according to the opinion given by a doctor or other healthcare professional, they assess that the detainee is medically unable to serve the sentence in such placement. During the visit to the women’s prison, the NPM was informed by the management that such placement is not practiced as the prison does not have such rooms.

Solitary confinement, isolation

Findings from the NPM’s visit to the women’s prison ZPKZ Ig revealed that the institution has a special room which can be used to place women detainees in case there is a suspicion of the existence of at least one of the following reasons, according to Article 236 of the Enforcement of Criminal Sanctions Act:

- that they have committed a criminal offence that is prosecuted ex officio, or if they seriously threaten to commit such a criminal offence,

- that they are preparing to flee or rebel,

- that they endanger themselves or others in any way,

- that they seriously hinder others in work, rest, or recreation,

- that they intentionally destroy the institution's inventory.

Under the Enforcement of Criminal Sanctions Act, it is also provided that: 

(2) […] a detainee may stay in a special room for a maximum of 12 hours. If, before the expiration of this time, it is determined that one of the reasons from the previous paragraph is still given, the correctional officer in charge of the shift can, in agreement with the director of the institution, decide that the convict will continue to be placed in a special room, as long as there are reasons for this, but based on an individual decision no more than 12 hours. Placement of a convict in a special room may not last more than 72 continuous hours in total.

(3) The convict must be under special supervision in a special room. If, during the supervision, the correctional officer finds that there are no longer reasons for placement in a special room, they inform the correctional officer in charge of the shift, who decides on the convict's continued stay in the special room. The medical staff must be immediately informed about the placement of the convict in a special room, who will order the necessary measures to ensure their life and health.

Findings from the NPM’s visit to the women’s prison revealed that the special room is video-monitored, and video surveillance is carried out in the room of the operational control centre, where the work is usually performed by a male correctional officer. At the time of the NPM’s visit, no detainee was present in the room. According to the information provided by the management of the institution, in the event that a woman detainee is placed in a special room, for the duration of her placement there, a woman correctional officer would work in the operational control centre, while the male correctional officer would work in another part of the institution.

From the visit conducted by the NPM, the special room was found to be clean and orderly, but without a toilet. According to the information provided by the prison staff, during their stay in the special room, women are not allowed to go the toilet outside this room. Therefore, they have to use a small drainage channel in the middle of the room, without any privacy, and the room is cleaned after the end of the placement of a person in this special room. 

Access to mental healthcare

a. Initial and regular mental health assessment

The Rules on the implementation of prison sentences (Article 8) provide the initial medical examination by a doctor immediately after admission, or no later than the next working day after admission. For persons on remand, the Rules on the implementation of remand (Article 31) provide that a doctor conducts an initial medical examination no later than 48 hours after being admitted to the institution and also examines the remand prisoner before they are released from the institution. Medical examination of both sentenced and remand detainee include  the determination of mental health needs. The first examination is performed by a doctor specialised in general medicine, who, in case of perceived problems, directs the person to further professional treatment. A special form is filled out during the examination. In the form, potential problems in the field of mental health, consumption of psychoactive substances, and possible involvement in a substitution programme can be recorded. If the person has health insurance through the Health Insurance Institute of Slovenia, the doctor can check the prescribed medications for the person, including those for mental health. For those who do not have such insurance, what the person says during the examination is recorded. 

As regulated by the Rules on the implementation of prison sentences (Article 9), the risk of suicide is assessed by the institution staff upon admission with the help of a special form. In case of danger, the health service is notified, which takes immediate action – either by referral to a doctor (if the doctor is at the institution), or by referral to an emergency psychiatric clinic.

Furthermore, during the reception period, which lasts one month, the professional and educational staff of the institution (psychologists, social workers, instructors), as well as correctional officers, have several conversations with the person deprived of liberty. If they detect mental health conditions, they offer the person the option of further treatment. 

The NPM was informed by the health service at the women’s prison ZPKZ Ig that women’s mental health needs are also assessed regularly throughout the duration of their sentence or pre-trial detention. In case of problems, women can see a psychiatrist. Women can also register themselves for such an examination, which they may or may not attend, as it is not mandatory. If the staff notice that something is happening with a woman detainee, and she does not want to see a psychiatrist, the psychiatrist can visit her directly in the prisoner’s quarters.

b. Treatment and awareness-raising

The NPM was informed by the health service at the women’s prison ZPKZ Ig that mental health support and treatment are available to women deprived of liberty, and provided by professional prison staff. In cases where women detainees meet the conditions for release, they can continue with psychotherapeutic treatment outside the institution, if they were already undergoing such treatment before arriving in prison. Awareness-raising on mental health is carried out by doctors, on a personal level with women prisoners, and institutionally with both prison staff and women deprived of liberty. If family members are interested, they can also get involved.

c. Addressing the needs of people with severe mental health conditions

Under the current legislation, for persons with the most severe forms of mental health conditions and dangerous behaviour, when they find themselves on remand or in prison by a court decision, deprivation of liberty is carried out only within the structure of existing institutions for serving prison sentences and not possibly in a specialised department with appropriately trained staff for their treatment. The serving of the prison sentence also runs during hospital treatment, if an interruption of the serving of the prison sentence is not necessary. In addition to some alternative executions of prison sentences, the legislation does not provide for other forms of serving prison sentences. 

This is also the case for women who are sent to prison because they have committed a crime in social welfare institutions, where they were admitted because of their mental health conditions or disruptive behaviour. They are in a situation of heightened vulnerability and their rights and need are often neglected. Prison environment causes them even more distress, and other women deprived of liberty also fear for their own safety. 

Findings from the NPM’s visit to the women’s prison and interviews with authorities revealed several problems and challenges faced by the institution in ensuring the safety and appropriate treatment of women with several mental disorders and dangerous behaviour: lack of qualified personnel, such as occupational therapists and special educators, lack of specialised medical staff and adequate facilities space for the comprehensive therapeutic treatment of persons with mental health conditions. Women with severe mental health conditions face several challenges while in prison, ranging from difficulties in adapting to life in prison and respecting prison’s rules, to the risk of being exploited by fellow detainees, to the risk of self-harm and disruptive behaviour which can cause harm to others. This situation represents a heavy burden for correctional officers who are not trained in this field and do not have adequate knowledge to deal with persons with mental health conditions. professionals. In addition, the institution lacks suitable safe spaces and the possibility of limiting access to dangerous objects for persons with uncontrollable self-destructive behaviour.

In this situation, the Ombudsman emphasises that women with mental health conditions in prison are not only deprived of their right to freedom of movement while serving a prison sentence. Their right to a safe environment and appropriate treatment and care is also at risk. Regardless of whether they are suspected or convicted of committing a crime, they must be provided with suitable accommodation and living conditions that will adequately address their specific needs and enable them to live in dignity.

The Ombudsman, also in its capacity as NPM, continues to pay particular attention to this issue, closely monitoring the situation and engaging with the competent authorities.

Contact with the outside world

During its monitoring visits, the NPM has repeatedly pointed out the lack of facilities for overnight visits and the unequal position of women detainees as compared to men who have the possibility of such visits in prison. On several occasions, authorities justified the lack of such visits with the lack of resources to provide for adequate space within the women’s prison. 

Thanks to the NPM’s continuous engagement and recommendations on this issue, the women’s prison finally managed to provide rooms for overnight visits and such visits started to be allowed from July 2021.

Accommodation and food

During the visit to ZPKZ Ig in 2017, the NPM noted that correctional officers never knocked before entering the cell of a woman prisoner. The NPM therefore recommended to the prison administration that correctional officers should be warned that before every entry into the cell of prisoners, it is absolutely necessary to knock and wait a little before entering. In its response, the authorities explained that correctional officers were warned about the method of entering the living quarters of prisoners, except when there are legitimate security reasons for not doing so, for instance in case of detection of the use of prohibited objects or substances.

Women in special situations of vulnerability

Women with disabilities

Despite the Ombudsman’s recurring recommendation to ensure that all persons deprived of liberty who have impairments, due to illness, age or disability, are granted suitable accommodation in adapted premises and daily care and assistance, detainees with impairments still face barriers in prison. 

Findings from NPM’s visits to the women’s prison revealed the situation of a woman who, due to medical problems, was unable to walk up the stairs and could not join the outdoor activities every day, as she fully relied on the help of trained prison staff who helped her up the stairs with so-called portable stair climbers intended for the transport of people together with wheelchairs.

With the aim of preventing similar situations from occurring again, the women’s prison decided to arrange a room on the ground floor that will be used to accommodate women who, due to disabilities or mobility impairments, are unable to climb stairs. A room with capacity for two people will also have a toilet and a shower, and the equipment will be adapted for the stay of people with reduced mobility, even if they use a wheelchair.

Other relevant NPM information 
on women in prison

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.28 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 Sanctions33  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.34

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 Procedure35  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".36 . 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 Sanctions37  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 Macedonia38, 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 Sanctions39 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