ОГРАНИЧЕЊА ПРАВА ОСУЂЕНИХ У УСЛОВИМА ЗАТВОРСКОГ РЕЖИМА
LIMITATIONS OF RIGHT OF CONVICTS UNDER PRISION REGIME

Summary/Abstract: Convicted persons are subjected to prison regime and are, as a rule, exposed to limitations of individual and other rights. These limitations are dictated by the need to have security and order within the prison environment, and also by making possible the realization of purpose of the punishment, i.e. resocialization. There exist international standards in the sphere of rights of convicts and their aim is to effect control of realization and scope of restrictions of these rights. The above standards include three levels. The first - the normative level - includes the guaranteeing of convicts’ rights by international conventions of a more general, or of a particular character. Signatory States, namely, have a duty to adapt their domestic legislation to these norms. The second level includes external judicial protection in case of violation of convicts’ rights byway of the mechanism of individual petition. Finally, the third level of international standards prosupposes relative uniform procedure in disputes due to individual petitions of convicts. Particularly significant in protecting the rights of convicts is the mechanism of external (out-of-State) judicial protection. Although there exists general understanding for recognizing the legality of limitations of rights of convicted persons at that level, such kind of protection opens new possibilities for the status of convicts. The article also contains analysis of decisions of the European Court for Protection of Human Right, and of those of the American Supreme Court.

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