ПЕНИТЕНЦИЈАРНИОТ СИСТЕМ ВО РЕПУБЛИКА СЕВЕРНА МАКЕДОНИЈА НИЗ ПРИЗМАТА НА ИЗВЕШТАЈОТ НА КОМИТЕТОТ ЗА ПРЕВЕНЦИЈА ОД ТОРТУРА: ПОТРЕБА ОД ИТНИ РЕФОРМИ
THE PENITENTIARY SYSTEM IN THE REPUBLIC OF NORTH MACEDONIA THROUGH THE PRISM OF THE COMMITTEE'S REPORT FOR THE PREVENTION OF TORTURE: THE NEED FROM URGENT REFORMS

Author(s): Aleksandra Gruevska Drakulevski
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law, Penology
Published by: Makedonska akademija na naukite i umetnostite
Keywords: penitentiary system; protection of the human rights of prisoners; prisoners; position of prisoners; prison
Summary/Abstract: In the paper, the author analyses the characteristics of the North Macedonian penitentiary system, the position of prisoners de jure and de facto, and the protection of the rights of prisoners through the prism of the last highly critical report of the Committee for Prevention of Torture and points to the need for urgent reforms of the penitentiary system in the Republic of North Macedonia. The author concludes that the penitentiary system in Macedonia has the features of a modern system. It is one of the penitentiary systems that fully incorporates the Nelson Mandela Rules, the Revised Standard Minimum Rules for the Treatment of Prisoners and the European Prison Rules in the Law on Execution of Sanctions. But the system de facto faces serious weaknesses. Also, the author disputes the question why prisoners in such conditions of the penitentiary system do not require judicial protection of their rights. Also, the author emphasizes the need for systematic research on the protection of prisoners’ rights using legal means, such as, legal advice and legal means of convicted persons and the right to appeal to international bodies.

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