CHAPTER 5
METHOD OF ATTITUDE TOWARD E DETAINEES AND PRISONERS
Entry to Detention Centers and Prisons:
Article 29:
Files shall be created for detainees and prisoners and the information about their background, medical checkup, legal status and any other relevant information shall be registered in their respective files.
1 – Prisons and detention centers staff are required to interview the accused and the prisoner for preliminary assessment of his personality, attitude and problems at the time of his entry to the detention center or prison.
2 – In accordance with the assessment mentioned in clause 1 of this article, the group of the accused or prisoner shall be determined and all the obtained facts shall be registered in his file.
Role of the Civil Society:
Article 30:
(1) Nongovernmental organizations and social organizations rendering social services can work inside detention centers and prisons provided their work benefits detainees and prisoners and should not be in contradiction to the Islamic rules and principles and national interests and have obtained the permission of the Ministry of Justice.
(2) The working procedure of the organizations mentioned in paragraph (1) of this article shall be determined by heads of detention centers and prisons wardens after consultation with the respective attorney’s office.
Family Contact:
Article 31:
(1) Detainees and prisoners have the right to maintain contacts with their families and relatives by meeting them in places under the control of prisons and detention centers staff, through mail and any other means that do not disrupt order.
(2) Prisons and detention centers staff can keep an eye on the visits of the persons mentioned in paragraph (1) of this article to the extent it should not ignore the Islamic Shariah.
(3) The heads of detention centers or prisons can control and check detainees’ and prisoners’ mail on the basis of a written permission from the concerned attorney or court.
Education and Vocational Training:
Article 32:
The prison administrations are required to open and organize educational and vocational training centers at primary and high levels in line with the educational programs approved by the Ministry of Education.
Work:
Article 33:
(1) Prison administrations can arrange for industrial handcraft workmanship and agricultural activities in their respective prisons through private companies. None working, working hours and holidays shall be fixed in accordance with the provision of the labor law.
(2) Skilled prisoners (having agricultural, art and industrial skills) are exempt from other ordinary work and shall be involved in their own fields.
(3) Prisoners and detainees have the right to be remunerated for their work. The Supreme Council of prisons and detention centers shall fix the amount of remuneration.
Performance of Religious Rites:
Article 34:
Detainees and prisoners with respect to the rights of others have the right to perform their religious rites, worship and acquire knowledge of their religion freely on the condition that they do not bother others.
Necessary Communication in Special Circumstances:
Article 35:
(1) Detainees and prisoners have the right to inform their respective relatives about their entry into or transfer from detention centers and prisons.
(2) Prisons and detention centers authorities are required to inform detainees and prisoners about the death or critical illness of their relatives immediately up on the receipt of information. Relatives in this context are: spouse, parents, siblings, grandfather, grandchild, father-in-law, and mother-in-law.
(3) Prisons and detention centers authorities are required to immediately inform about the death or serious illness of detainees and prisoners to those relatives whom are introduced by them.
Burial:
Article 36:
When a detainee or a prisoner dies, his corpse after forensic medical examination shall be handed over to his respective relatives. In case of the absence of his relatives or their refusal to receive his corpse the corpse shall be provided with a shrouding and buried by the respective prison or detention center administration and the expenses shall be borne by the administration of the respective prison or detention center.
Home Leave:
Article 37:
(1) In order to maintain good relations of prisoners with their families, to ensure law obedience of prisoners inside and outside the prison up to 20 days leave shall be granted to a prisoner by keeping the prevailing conditions in mind. The procedure of using this leave shall be determined and regulated in a separate bill.
(2) In circumstances mentioned in paragraph (2) of article 35 of this law, the concerned attorney is authorized to grant up to 7 days leave to prisoners to go home and visit their ailing relative or arrange for shrouding and burial of their dead relative by the suggestion of the head of the prison. The concerned attorney shall determine the procedure of using this leave.
(3) If a prisoner transgresses the limits of the granted leave mentioned in paragraph (2) of this article and determined by the concerned attorney, prisons authorities are authorized to nullify the leave and report the issue to the concerned attorney.
(4) The duration of the leave mentioned in paragraphs (1) and (2) of this article shall be counted to the period of his/ her sentence.
Entry to Detention Centers and Prisons:
Article 38:
(1) Except prisons authorities and staff no one else can enter into the detention centers and prisons without the permission of the Ministry of Justice.
(2) The following persons can enter the detention centers and prisons without the prior permission of the Ministry of Justice:
1 – President and the Vice-President.
2 – Members of the Supreme Court mentioned in article 117 of the Constitution.
3 – Chairman and Vice-Chairman of the National Assembly (Parliament).
4 – Members of the National Assembly in their respective constituencies.
5 – Head of Government and its members.
6 – The Attorney General.
7 – Chairman of the Independent Human Rights Commission.
8 – Members of the Supreme Council of Detention Centers and Prisons.
9 – Provincial governors.