55
Here it can be concluded that a fairly high percentage of those who answered that they follow the
instructions of the inspectors in order to overcome identified irregularities, and in that aspect these results are
quite acceptable. But on the other side, there is a question for the consequences on those individual acts of
omissions upon the acts of the inspectors. Related to this, we should also take into account the answer to the
question of how often expert-instruction supervision in the institution in which they work is performed. From
the 187 respondents who answered this question 29 or 15.4% answered never, 40 respondents or 21.3%
answered too rare, 75 or 39.9% answered rarely, and 40 respondents or 21.3% were with the answer often. It
is obvious that the prevailing attitude of the employees is that the supervision control in the prisons is done
rarely, too rarely or never, that requires a review of the effectiveness of the expert-instruction supervision in
prisons. (See chart 2) Regarding the question whether investigators for execution of sanctions should have
bigger powers from 174 respondents positively answered 62 or 33% and negative answered 112 or 59.6%. ;
Chart 2
Regarding the question of how they assess the changes that occurred in the institution in terms of
expert-instruction supervision after their engagement in the institution answered total 183 respondents from
which 48 respondents or 25.5% answered that conditions have deteriorated, 72 or 38 3% answered that there
is no change, 48 or 25.5% answered
that they have been improved, 5% or 2.7% answered that they have been
significantly improved and 10 or 5.3% answered with answer excellent. (See Chart 3)
56
Chart 3
Here we can see that a number of the respondents (38.3%) believe that changes have not occurred
since their involvement in the institutions, and from those who reported changes, a slightly larger is the
number of respondents who reported that changes were positive.
The other part of the questions
covered here
concerns the possibility to allow prisoners contact with the competent national bodies and institutions for
protection of human rights. Regarding the question of whether prisoners were enabled to have a conversation
with a representative of the Ombudsman of the Republic of Macedonia if they requested protection because
they were subject to
torture or other cruel, inhuman or degrading treatment or punishment, 182 respondents –
employees answered, of which 176 or 93.6% responded affirmatively and 6 respondents or 3.2% said they
were not allowed.
176
6
0
50
100
150
200
Да
Не
Whether prisoners were enabled to have an conversation
with a representative of the Ombudsman of the Republic of
Macedonia if they requested protection because they were
subject to torture or other cruel, inhuman or degrading
treatment or punishment?
дали на псудените лица им е пвпзмпжен разгпвпр сп претставник на Нарпднипт правпбранител на
Република Македпнија акп ппбарале заштита ппради тпа штп биле предмет на тпртура или друг вид
на свирепп, нечпвечкп или ппнижувачкп ппстапуваое
The data obtained from the survey for the attitudes of prisoners regarding their information for the.
right to seek special protection from the Ombudsman of the Republic of Macedonia if they are subject to
torture or other cruel, inhuman or degrading treatment or punishment in the institution shows that quite a
high percentage of respondents (60.6%) of the 175 respondents – prisoners answered positively. In addition,
57
protection from the Ombudsman of the Republic of Macedonia, because they were subjected to torture or
other cruel, inhuman or degrading treatment or punishment in the institution, asked only 31.3% of the 176
prisoners respondents who answered this question. Although we can notice a difference
in the attitudes of the
employees at the penitentiary institutions and attitudes of the prisoners regarding the possibility to seek
assistance from the Ombudsman of the Republic of Macedonia because they were subject to torture or other
cruel, inhuman or degrading treatment or punishment, in general, it can be said that a high percentage of
respondents answered that the prisoners in those cases were enabled to have a conversation, especially
considering the percentage of 93.6% of employees who responded positively to this question.
4.
CONCLUSIONS
Inspection as a special administrative control which is conducted to determine whether laws are
implemented by natural and legal persons is an important control mechanism in the field of enforcement of
sanctions. Appropriate legal framework has been adopted in the Republic of Macedonia which enables
functioning of the control mechanisms over enforcement of the inspections in prisons. Another issue is its
application and the existence of satisfactory resources (financial, technical and human) for effective
implementation of the inspections.
The results of the research in terms of the views of staff in penitentiary institutions regarding the
inspection supervision showed that there is a need for greater objectivity and impartiality while conducting
inspection, more frequent are inspection supervisions and that many of employees act upon
recommendations and implications found from the inspectors. Here we would mention the official data for
inspections conducted by inspectors for execution of sanctions that in 2010 12 regular supervisions were
carried out, 6 control inspections and 41 irregular inspections, in 2011 - 10 regular supervisions and 36
irregular supervisions were carried out, in 2012 - 32 irregular supervisions were conducted and in 2013 - 38
irregular supervisions were conducted.
163
Although perhaps it is not a great number of inspections
undertaken by inspectors for execution of sanctions, if they are put in correlation with the number of
inspectors than it could be said that they are acceptable. But also it should be emphasized that inspectors for
execution of sanctions who conduct expert-instruction supervision in penitentiary institutions perform a very
important role in this field, not only in terms of finding irregularities during the execution of sanctions, but
also in direction of preventing role of the supervision in order to avoid or to reduce the number of
irregularities and illegalities in the process of execution of sanctions.
From the above said, the need to strengthen the objectivity and impartiality in conducting inspections
in prisons is obvious, as well as to strengthen the control inspections connected to irregularities found by
inspectors who perform expert - instraction supervision and to increase the number of inspectors for
execution of sanctions that will make possible more frequent and effective supervision in the penitentiary
institutions.
163
Annual Report of the Directorate for Execution of Sanctions for performance and state in penal and correctional institutions in
Republic of Macedonia for 2010, 2011 and 2012,
http://www.pravda.gov.mk/tekstoviuis.asp?lang=mak&id=godizv
(accessed on
10.10.2014)