CHAPTER 3
STRUCTURE AND ORGANIZATION OF PRISONS
Regional Division of Prisons:
Article 12:
(1) A detention center and a prison shall be established in the center of each province.
(2) A detention center shall be established in the center of each district.
(3) The authority for the establishment, division and closure of prisons shall lie with the Ministry of Justice.
The Supreme Council of Prisons:
Article 13:
In order to effectively organize the activities of detention centers and prisons, lead their related affairs and coordinate the activities of the concerned ministries and offices, the Supreme Council of prisons and detention centers having the following composition shall be formed:
1 – Minister of Justice as the Chairman of the Council.
2 – Deputy Attorney General as the Deputy Chairman.
3 – An authorized representative of the Supreme Court as a member.
4 – Technical Deputy Interior Minister as a member.
5 – Technical Deputy Public Health Minister as a member.
6 – Technical Deputy Education Minister as a member.
7 – Deputy Minister of Work and Social Affairs as a member.
8 – Deputy Minister of Women’s Affairs as a member.
9 – Deputy National Security Department as member.
10 – Representative of the Independent Human Rights Commission as a member.
11 – Representative of the civil society (selected by the civil society) as a member.
12 – The Director-General of Prisons as a secretary.
Leading Prisons Affairs:
Article 14:
The Supreme Council of prisons and detention centers shall be responsible for leading all affairs of detention centers and prisons all over the country.
Holding Meetings:
Article 15:
(1) Normally, the Supreme Council of prisons and detention centers shall hold a meeting once in 3 months. Extraordinary meetings can be held by the decision of the chairman of the council and the suggestion of one third of the council members.
(2) In the absence of the Minister of Justice, meetings of the Supreme Council shall be held under the chairmanship of the Deputy Attorney General.
Proposal for Amendment of the Law and Enactment of a Regulation:
Article 16:
(1) The Supreme Council can propose necessary amendments in this law.
(2) To better apply the provisions of this law, the Supreme Council shall propose regulations, enact and approve bills and procedures. .
Central Administration:
Article 17:
(1) The General Directorate of prisons and detention centers is the central administration for the whole affairs of prisons and detention centers. This department shall supervise all prison organizations and their installations and buildings
(2) The General Directorate of prisons and detention centers is part of the Ministry of Justice and performs its duties in line with the provisions of this law, regulation, procedures and relevant bills and in conformity with the instructions of the Supreme Council of prisons and detention centers.
Prison Officers and Protectors:
Article 18:
(1) Prison and detention center police (the words “officers and protectors” were omitted) working under the Ministry of Justice and shall be responsible for the maintenance of internal and external order and security of prisons and detention centers.
(2) Prison and detention center police (the words “officers and protectors” were omitted) is required to ensure the external security of the respective prisons and detention centers installations up to a distance of 500 meters provided the area is not within the jurisdiction of the Police.
(3) Prison and detention center officers do not have the right to carry arms while performing their duties inside prisons and detention centers. The heads of the prisons and detention centers can give permission to carry arms in exceptional circumstances but they must report to the General Directorate of the Prison mentioning the reason behind this decision.
(4) Employment, transfer, promotion, retirement, leave, illness, and other affairs of prisons and detention centers officers and protectors shall be regulated by the existing law for military officers until the enforcement of the special legislative regulation will be issue.
Other Employees:
Article 19:
(1) Civil servants, monitors and social services workers of detention centers and prisons shall perform their duties in line with their relevant job descriptions.
(2) Ministries of Education, Work and Social Affairs, Public Health, Women’s Affairs each is required to cooperate with the Ministry of Justice in relation with the assignment of employees mentioned in paragraph (1) of this article.
Holding of Suspects, Accused and Prisoners:
Article 20:
(1) The suspected and accused (the sentence Persons awaiting trial (the accused) investigation was omitted) shall be held in detention centers of districts and provinces in which their cases are under legal process.
(2) Those sentenced to imprisonment shall be held in prisons located close to their homes unless this law specified otherwise.
(3) Prisons wardens and heads of detention centers can receive persons mentioned in paragraphs (1) and (2) of this article by keeping in mind the provisions of the law and noticing official documents.
(4) If the file of an accused individual is not completed in 9 months as has been provided in article 6 of the Interim Criminal Procedure Code, administration of the prison is bound to notify relevant court or attorney in written 15 days before expiration of the abovementioned period
If there is no reply the accused person shall be released from prison.
Change of Place of Imprisonment:
Article 21:
The period of imprisonment of a convicted person shall be spent in one prison.
If the prisoner’s family moves permanently from one place to another, the transfer of the prisoner except the provision of Article 10 of this law shall take place only by the permission of the Minister of Justice.
Supervision of the Law Application:
Article 22:
The respective attorney’s office supervises the equitable application of the law and equal treatment of the detainees and prisoners in detention centers and prisons. The administrations of detention centers and prisons are required to comply with all the demands of the respective attorney with regard to the observance of the provisions of the laws while they are performing their duty.