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3.
INSPECTION IN PRISONS
Speaking of enforcement of sanctions and exercising of the prisoners rights in prisons we should
emphasize several mechanisms responsible to supervise penitentiary institutions in the Republic of Macedonia.
The State Commission for supervision in criminal correctional and detention facilities in the Republic of
Macedonia was established with the Decision of the Government of the Republic of Macedonia
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, with tasks
to perform occasional visits to correctional and detention facilities in order to consider the situation in terms of
enforcement of law and other regulations and rules for enforcement of sanctions, treatment of prisoners, conditions
in which they live and work and to conduct a survey on the status and rights of prisoners. For determined
conditions the Commission prepares Minutes with appropriate measures and proposals and determines a period for
removing the irregularities. The Minutes are submitted to the Government of the Republic of Macedonia,
Directorate for execution of the sanctions and the Court responsible for the execution of sanctions. The Decision
provides that the State Commission annually inform the Government and the public about the achieved results.
Also, the legislative body adopted Decision for establishing the occasional Commission of the Parliament of
the Republic of Macedonia in order to determine the real situation and the conditions in the penitentiary
institutions.
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Within the system of control over the working of penitentiary institutions regarding the realization of the
rights of prisoners and in particular protecting them from practicing torture is known the institution of the
Ombudsman of the Republic of Macedonia. In 2008 the Republic of Macedonia adopted the Law on
ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment
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that appoints the Ombudsman of the Republic of Macedonia to act as
a national preventive mechanism. In cooperation on prior approval of the Ombudsman, the NGOs registered
in the country and the organizations that represent charities in the Republic of Macedonia can undertake
some of the responsibilities of the national preventive mechanism. As a result of this the Law on
Ombudsman was changed
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, in order to provide special protection among others to the persons that are
subject of torture and other kind of cruel, inhuman or degrading treatment or punishment in the bodies,
organizations and institutions where freedom is limited.
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With the fact that the Ombudsman‟s jurisdiction is
strict listed, for example to perform direct inspection visits at any time without prior notice and approval, to talk
to the people that live in those bodies, organizations or institutions without presence of officials, additional
opportunity is given for the Ombudsman to act in this field in order to strengthen the protection of the rights of
these citizens.
Having in mind the competence of the Ombudsman institution to indicate, recommend and suggest if
considered a violation of the rights of citizens, we should especially highlight the possibility of the
Ombudsman of the Republic of Macedonia to impose misdemeanor to official person in organs,
organizations and institutions in which the freedom of movement is limited. That is the case if they do not
act upon the suggestions and recommendations of the Ombudsman and do not inform him about the acting
within 30 days after the receipt of the special report or if they do not inform about the measures taken to
implement its requirements, suggestions, opinions, recommendations or references, in the term that he will
determine, no later than 30 days from the date of the request submitted to the Ombudsman. With that the legal
status and powers of the Ombudsman are strengthened and primarily determine him as the Nation Preventive
Mechanisam in the Republic of Macedonia for prevention and protection from torture and other cruel, inhuman
or degrading treatment gives the available means of punishment or sentencing of an offense against the officer
who will not act on his requests, suggestions and recommendations.
The Law on Execution of Sanctions
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(hereinafter: LES) regulates the inspection supervision in
penitentiary institutions in the Republic of Macedonia. In this regard according the article 77 of the LES,
Directorate for execution of sanctions
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through its inspectors performs an expert-instructing supervision
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Official Gazette of the Republic of Macedonia" no. 111/2010
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Official Gazette of the Republic of Macedonia" no. 42/2007
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Law on ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (“Official Gazette of the Republic of Macedonia" no 165/08)
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Law on supplementing and
amending the
Law on the
Ombudsman (Official Gazette of the Republic of Macedonia No. 114/2009)
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Ombudsman set up special departments such as: Department for protection of children and persons with special needs,
Department for protection of citizens from discrimination and torture and other cruel, inhuman or degrading treatment or punishment,
and Department of equitable representation of citizens.
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Official Gazette of the Republic of Macedonia No. 2/2006, 57/10, 170/2013
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The Directorate is a body within the Ministry of Justice as a legal entity. The Director of the Directorate
who manages the
execution of sanctions, is appointed and dismissed by the Government on the proposal of the Minister of Justice