CONDITIONS OF DETENTION AND TREATMENT OF PRISONERS IN THE PRISONS IN THE REPUBLIC OF NORTH MACEDONIA: ARE THEY IN CONFORMITY WITH THE ARTICLE 3 OF THE EUROPEAN CONVENTION OF HUMAN RIGHTS?

Abstract

In the paper, the author analyses the conditions of detention and the treatment of prisoners in
the prisons in the Republic of North Macedonia 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 the Republic of North 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.
The author refers to the judicial practice of the European Court of Human Rights regarding
detention conditions and treatment of prisoners in regards to violation of Article 3 (prohibition
of inhuman or degrading treatment) of the European Convention on Human Rights.
Furthermore, the author disputes the question of why prisoners serving their prison sentence in
the prisons in the Republic of North Macedonia in such conditions of detention and treatment
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.