CONDITIONS IN PRISONS ARE VERY BAD
How do you comment governmental adviser Monika Makovey suggestions regarding criminal legislation which caused an avalanche of reactions among the experts and NGO’s?
The right on privacy is one of the basic human rights because it is a segment connected closely with the integrity of person and this means guarantee for non-interference of the public administration in individualslife. But in the modern states as a result of the need for protection of interests of the society from serious criminal actions this right is limited. Still this limitation must be justified and necessary in accordance with the international documents and domestic legislation and the state should ensure guarantees and mechanisms which will prevent self-will and illegalities in realization of measures which means interference in the right of privacy.
European Committee for Prevention of Torture reacted very negatively recently regarding situation in Macedonian prisons. What are your views in this sphere?
Several years repeatedly in our annual reports we stress that situations in prisons are substandard and that there is immediate need measures to be take for better management of prisons. Conditions are only one segment and no less importance has the segment of treatment of persons deprived of their liberty regarding which we suggested education of the prison personnel and establishment of the system for re-socialization which unfortunately, according to us, is missing. Realization of the right on health care is serious problem tooarising in these institutions. We concluded thatpersons deprived of their liberty can’t realize this right on the whole because the prisons have no sufficient medical personnel or such personnel is employed temporary. We have a special report regarding this problem and we submitted it to the Government of the Republic of Macedonia as we did with other our views regarding functioning of penitentiary-correctional institutions. Unfortunately, except declaratively expressed will that adequate measures will be taken we are all witnesses that situations are still at the same level as it was.
What measures did you take regarding the Taneski case?
We started procedure on our own initiative on the base of media information for his death in prison Tetovo.
Right after we started procedure with aim to establish was the procedure for detention of Taneski in accordance with legislation we made an insight in the police station Kicevo where Taneski was deprived. We also made an insight in the prison in Tetovo and we asked information from the Elementary Court in Gostivar where the deprived Taneski was heard. Regarding circumstances in which Taneski died we asked Institute for Court Medicine to send us protocolof his autopsy.
You had serious problems in communication with the Ministry of Interior and it’s Department on Internal Control. Is something changed on this field?
Cooperation with the Department on Internal Control and Professional Standards, as I stressed before, is improved only in formal aspect. Namely, we noticed that responses on our requests are submitted timely but it doesn’t mean that I can say that by this cooperation is on higher level because the responses are not essential and didn’t help us to reach the truth in cases on which we started procedure. Beside that the Department on Internal Control and Professional Standards informed us that there was no excessive usage of force by the Police officers we had concluded opposite in several cases and we asked the Public Prosecutor to start procedure on such cases. The Public Prosecutor accepted three of those cases and the proceedings are underway.
Did after ten years of work citizens and institutions have understoodthe Ombudsman role on the whole?
Results of the public opinion regarding Ombudsman institution shows that approximately 80% of citizens are informed about this institution but they still need some information in which segments and how can Ombudsman help citizens. Regarding state administration I can say that it is stun that state clerks has no knowledge yet about some of the Ombudsman competencies.