Country

Czechia

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Regulation No. 345/1999, Rules of Procedure of the Exercise of the Punishment of the Deprivation of Liberty (Řád výkonu trestu odnětí svobody)In a lodging room for more than one prisoner, there must be a minimum space of 4 m2 per person. The cell or bedroom for one prisoner must have a minimum space of 6 m2. The minimum standard space of a room intended for multiple prisoners can be decreased to 3 m2 per person but only in the case where the total number of prisoners serving a prison sentence of the same basic type and requiring the same level of security (prisons with security guards/i.e. minimum, medium, high-security prisons) exceeds the prison’s maximum capacity.
Regulation No. 104/1994, Rules of Procedure of the Exercise of Custody (Řád výkonu vazby)Minimum space of 4 m2 per person. The cell or bedroom for one prisoner must have a minimum space of 6 m2. The minimum standard for a cell for one person can be decreased to 4 m2. This is only possible if the total number of accused persons held/detained in the holding cells of a high court (vrchní soud) exceeds the prison’s maximum capacity.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2016The NPM recommends that the General Directorate of the Prison Service of the Czech Republic aims at accommodating convicts in single-occupancy cells or double cells when restoring existing accommodation facilities and/or building new ones. In the course of the reconstruction of the current lodging houses or the construction of new ones, I recommend that the CPT standards regarding the area of lodging space per prisoner be taken into account. Report details
2022In several of the facilities I visited, I encountered the problem of insufficient lighting in the cells. The culprit is the architecture of the often historic buildings, which in some cells do not allow sufficient daylight to penetrate. The lack of natural daylight is one of the psycho-hygienic stressors that negatively affects the behaviour and psyche of the detainees. These undesirable conditions should at least be replaced by good quality artificial lighting. My recommendation to install stronger lighting was accepted by the prisons. Report details
2022The microclimatic conditions in the cells are also related to the screens installed on the outside of some detention facilities. [...] In combination with an internal barrier that does not allow opening a window, the possibility of effectively ventilating the room is minimal. In my opinion, such modification of cell windows may have an impact on the physical and psychological health of the accused and should therefore be very exceptional and justified. Report details