- 39 6. Other issues a. discipline 78. The provisions of the 1999 Penitentiary Code dealing with disciplinary sanctions and procedures have been described in previous reports and do not call for any particular comment. 39 As regards more particularly the sanction of disciplinary confinement, it may not exceed 10 days (five days for remand prisoners). The CPT’s delegation examined the disciplinary procedures and the sanctions imposed in each of the prisons visited. In general, limited resort was had to disciplinary sanctions and, in particular, solitary confinement as a disciplinary punishment was applied sparingly. For example, there were 149 disciplinary cases at Nigrita Prison in 2021 (up to 22 November) for a prisoner population of around 720. At Korydallos Men’s Prison, there had been an increase in the resort to disciplinary proceeding from 593 in 2019 to 797 in 2021 (up to 22 November) which for a high turnover population of more than 1,800 is by no means excessive. In all the prisons visited, the management would attempt to get prisoners who posed a threat to the good order of the establishment transferred to another prison in addition to receiving a disciplinary sanction.40 Requests would be submitted to the Central Transfer Committee (KEM) which decided on all transfers from one establishment to another.41 In the circumstances of an overcrowded and understaffed prison system, such an approach was understandable. 79. At Chios Prison, there had been 11 cases of disciplinary punishment both in 2021 and in 2020, including six cases of solitary confinement in 2021. However, there was no register or recording on the use of the disciplinary cell (8.5m²) and, in the course of the visit, several prisoners claimed that while serving a period of 5 to 10 days in solitary confinement, they had not been offered access to outdoor exercise. Complaints were also received that the prisoners had not been able to present their account of the incident during the disciplinary hearing and that they had not been provided with a copy of the disciplinary hearing. Certain persons also alleged that the disciplinary cell had at times accommodated up to four persons, including as a disciplinary punishment and for Covid-19 quarantining purposes. At the end of the visit, the Chios Prison Director said that a proper register on the use of the disciplinary cell would be opened and that all movements into and out of the cell would now be recorded. The Director also stated that he would ensure that all aspects of the disciplinary hearing were fully respected and that all persons were provided with a copy of the disciplinary sanction handed out. The CPT would like to receive confirmation that a comprehensive register on the use of the disciplinary cell at Chios Prison has been instituted. 39 40 41 See Articles 21.3 and 65 to 71 of the Penitentiary Code. For example, 51 persons were transferred out of Korydallos Men’s Prison in 2021 (up to 24 November) for reasons of good order. For instance, in September 2021, the KEM only approved the transfer of 8 of the 12 persons for whom the management of Nigrita Prison had requested a transfer due to a lack of available spaces in other prisons.

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