IN FOCUS:

RESULTS OF LEGAL REPRESENTATION AND RESEARCH ON CORRUPTION IN PRISONS

Authors: Aleksandar Cvejić, Verica Milošević, Lidija Vučković, Zoran Gavrilović

Publication “Results of Legal Representation and Research on Corruption in Prisons” contains three independent  reports. These are:

  • “Filing complaints- results of legal representation and results analysis”
  • “Legal representation in disciplinary procedures- results and results analysis”
  • “Research-survey of prisoners’ attitudes on corruption and fight against corruption within the system for the enforcement of criminal sanctions”

All three reports are results of the activities within the project “Step by Step through Prison System Reform” implemented in the period December 2010-June 2012. The Project was funded by EU Delegation in the Republic of Serbia.

What is common for the activities carried out before the reports is that they contribute to the overall objective and that is the reform of prison system. Separately, specific goals realized by activities were: improvement of situation of a prisoners on hunger strike (filing complaints), provision of legal aid for prisoners potential victims of torture or/and ill treatment (representation in disciplinary procedures) and contribution to the reduction of level of corruption in prisons (research on corruption)

Activities are created in a way that their implementation surely provides needed minimum, and more of information in planned area and at the same time opening possibility for mapping many other circumstances which otherwise, in overpopulation conditions, are not easy to determine by common monitoring procedure.

We hope that findings and recommendations, consisted in these three reports, will contribute to a change in  imprisonment practice which is in the end the only confirmation of implementation and success of the reform of the system for the enforcement of criminal sanctions.

Results of legal representation and Research on corruption in prisons

GENDER DIMENSION OF THE RULEBOOKS IN THE AREA OF THE ENFORCEMENT OF CRIMINAL SANCTIONS

Authors: Prof. PhD Slobodanka Konstantinović Vilić, Prof. PhD Snežana Soković

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GENDER DIMENSION OF THE RULEBOOKS IN THE AREA OF THE ENFORCEMENT OF CRIMINAL SANCTIONS

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ANTI-CORRUPTION ANALYSIS OF THE LAW ON THE ENFORCEMENT OF CRIMINAL SANCTIONS AND SUPPORTING RULE BOOKS

Authors: Zoran Gavrilović, Director of Programme “Society against Corruption”, Bureau for Social Researches

This analysis is aimed at determining whether the existing normative framework, above all “Law on the enforcement of prison sanctions (Off. gazette of the Republic of Serbia, no. 85/2005 i 72/2009), but as well rule books (see Annex 3) which are a part of a normative framework, positively or negatively influences origination and development of corruption, i.e. readiness for fight against corruption of all the actors on the level of Institutions for the enforcement of criminal sanctions (further in text Institution). In order to realize this intention the analysis will be carried out both on normative and functional level.

Normative level of the analysis scrutinizes discretion competences of the minister in charge, Director of Directorate and heads of institutions, then discretion competences of those in charge of reception, implementation of treatment programs, health conditions of prisoners and security in institutions. Besides discretion competences, normative analysis will be focused on transparency and conflict of interest on the level of the system for the enforcement of criminal sanctions.

Special position in the analysis will be given to the issue if there are effective mechanisms for determining and sanctioning of illegal and/or unethical acts reported by prisoners, their representatives or institution staff. Existence of such type of protection is necessary but insufficient condition for the fight against corruption, because without punishability of illegal or unethical (professional) treatment, there is no ambient for efficient fight against corruption.

Functional aspect of the analysis will be focused on understanding the sustainability of prison system i.e. defining whether and in which way there is inter-dependence between potential for corruption and condition (technical, material, cadre, normative…) in which institutions in Serbia are.

From the aspect of functional analysis it should be known that re-socialization of sentenced Serbian citizens is primary, i.e. a manifest function of institutions. We emphasize this from the reason that issue of corruption and establishment of efficient anti-corruption systems on the level of the system for the enforcement of prison sanction cannot be imagined without the realization of this function. This is the kind of analysis that should point to the sustainability of penitentiary (finances, space, motivation of the staff and management, knowledges and skills) when speaking about realization of function trusted by the society- re-socialization of sentenced citizens. Non-realization of this function would be an indicator of non-sustainability of institution, but as well, an indicator of potential for corruption on the level of institution.

It is important to emphasize that corruption must not be observed isolated, i.e. as an incident, although there are cases when corruption is a consequence of caprice, exhibitionism, prestige and customs, but as a reflection to the existing ambient in which an individual or a group wish to accomplish their (il)legal rights in illegal or unethical manner.

Presented analysis has a preventive character because the approach to corruption is from analytic and phenomenon point, without wish to deal with investigation.

Our intention is to identify the points of risk for origination and survival of corruption. As well, we want this analysis to be an introduction into a dialogue that will improve or initiate anti-corruption mechanisms, especially if one bears in mind that from the following year all the penitentiaries will be legally obliged to develop and apply Integrity Plans.

Besides analysis this document contains proposals for recommendations (see Annex 2) for changes of normative framework which deviate, not in a small number of cases, from the needs of present time. This is specially related to the rule books that were difficult to find because there is no public available base of all regulations, which can be, alone, an introduction to non-transparency.

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Anti-corruption Analysis of the Law on the Enforcement of Criminal Sanctions and Supporting Rule Books

SERBIAN REGULATIONS ON THE ENFORCEMENT OF CRIMINAL SANCTIONS FROM THE ASPECT OF GENDER EQUALITY: POTENTIAL DISCRIMINATION OF FEMALE PRISONERS

Authors: Prof. PhD Slobodanka Konstantinović Vilić, Prof. PhD Snežana Soković

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Serbian Regulations on the Enforcement of Criminal Sanctions from the aspect of gender equality: potential discrimination of female prisoners

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