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● Refusal to allow inmates’phone calls in detention facilities
The Commission reviewed the complaint concerning refusal by the warden of XX Prison to
allow the complainant to make a phone call, though the latter is allowed to make up to three
phone calls a month. It determined that the refusal was not justified, as the purpose of the phone
calls did not fall under the reasons to restrict, which are listed in the relevant statutes. Further,
the refusal failed to meet the principle of minimum restriction on basic rights, and constituted a
violation of the freedom of communication guaranteed under Article 18 of the Constitution and
a violation of Article 44 of the Act of Penal Execution and Correctional Treatment. Thus, on 29
September, the Commission recommended that the warden establish and implement a set of
The warden argued that the complainant’s phone request was refused because it was
resolved through counselling with the prison’s complaint team or through letters.
● Use of CCTV to monitor inmates in custody
The Commission reviewed the complaint concerning a decision by the warden of XX
Detention Center to monitor the complainant in custody using CCTV to prevent him from
committing suicide, harming himself, or causing other incidents due to his emotional state. It
determined that, unlike other inmates who were detained in similar situations, the complainant
was placed in custody in a CCTV-equipped room for approximately four days without any
documentation of objective or systematic evaluation of the complainant as a suicide or selfinjury risk. The Commission determined that these actions and measures constituted a
violation of the complainant’s personal rights and right to privacy. Thus, on 23 December, it
recommended that the warden establish and operate a systematic mechanism for evaluating risk
of suicide or self-injury when deciding to monitor inmates with CCTV.
The Commission’s recommendation was that even if it was necessary to monitor an inmate
using CCTV so as to prevent suicide or self-injury, such restriction should be minimal and must
be based on a detailed review of the validity of each proposal and risk assessment. However, in
this instance, no objective evidence was found that this was the case.
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Commission's Major Activities
inappropriate for him to call public institutions and the prosecution when his complaint could be
Part II
criteria for phone usage by inmates to prevent a recurrence of similar human rights violations.