Professional Documents
Culture Documents
23
Introduction
During the post I have taken in Azerbaijan I successfully read, reviewed,
analyzed, and held meetings with experts in the area of criminal justice to summarize
the functions of their prison system in comparison to the prison system in Romania.
This analysis conclusions provide suggestions on the course of actions that needs to
be taken for improving each of the two cases discussed here.
The purpose of this paper is not just to summarize and compare these two
criminal justice systems, but also to highlight what it can be done in this regard
within strategic and long-term projects. PROBATION junior is a journal that
encourages constructive discussions, academically and non-academically, and it is
my hope that this article can provide the base for such discussions, but equally that it
can constitute a group of ideas for future studies.
To begin with, I invite you to review the larger picture regarding these two
prison systems:
Romanian Prison System
Prison classification:
24
imprisonment for a term of over five years for despairdriven crimes as well as persons whose sentences have
adopted, but which has begun to be implemented been substituted with a term confinement. [];
in specific cases through a series of laws, the - Medium Security Institutions - for persons
prisons in Romania will be redesigned in regard sentenced for the first time to a term confinement for
to regimes. At the moment one prison can include especially grave crimes; as well as persons sentenced for
more than one regime, but this situation will recidivism of crimes, and who has previously been
change. Each prison will become regime specific.
Community
(Settlement)
Penitentiary
25
Code of the Azerbaijan Republic for Carriage of Sentences, (approved by the Law of July 14, 2000
and effective as of September 1st, 2000. Amended and revised as of March 1st, 2004).
25
Romania has the life sentence, which can be Azerbaijan has the life sentence, which can be
reduced to an easier sentence in the light of good reduced to an easier sentence in the light of good
behavior of an offender. The Law 83 / 2010, behavior of an offender.
which modifies and completes the Law 275 /
2006 regarding the execution of sentences in
Romania, was implemented recently.
Criminal liability 14 years old;
Between 14 16 years any defendant needs to Between 14 16 years any defendant needs to
prove discernment.
prove discernment.
Starting with 2000, Romania has a Probation Azerbaijan has adopted in 2007 a law that
System, which is the alternative system to regulates European conditions for sentences and
detention, meaning that those offenders who the carriage of sentences. Also, the Criminal
receive a suspended sentence under supervision Code supports alternatives methods to detention.
(for
adults)
and
supervised
freedom
Penitentiary
26
Service
Institution
within
Criminal Code of Romania, June 28, 2004, published in the Official Monitor of Romania, Part I no.
575, June 29, 2004 (the original code dates since 1968).
27
http://e-juridic.manager.ro/articole/totul-despre-administratia-nationala-a-penitenciarelor%28anp%29-3456.html, accessed on May 19, 2011.
26
the
All Romanian prisons are subordinated to the structure of the Ministry of Justice carries out the
Penitentiary Facilities and other Units.28
NAP.
Besides NAP, there is the Probation Direction In order to ensure transparency and public supervision
under the Ministry of Justice.
29
The
offenders
rehabilitation
is
conducted The
offenders
30
rehabilitation
is
conducted
through inside and outside prison work, but also through inside and outside prison work.
with the psychologists, social workers, and
educators intervention.
The preparation for reintegration into society of The preparation for reintegration into society of
offenders starts six months prior to release.
However, this activity is solely theoretical since In Azerbaijan, according to the law, there is an
there is no linkage between a prison facility and Adaptation Center where every offender is sent to
outside institutions or organizations. Offenders after release. There, offenders are provided
normally receive general information about the accommodation, food, job consultation, and 400
life outside prison.
28
27
for those who find themselves at their first conviction for deliberate
crimes for which they receive one to three years of sentence,
31
Criminal
Code
of
the
Azerbaijan
Republic
http://www.legislationline.org/documents/section/criminal-codes/country/43, accessed on November
27, 2010, art. 41.2.
32
Idem, art. 42.
33
Code of the Azerbaijan Republic for Carriage of Sentences, (approved by the Law of July 14, 2000
and effective as of September 1st, 2000. Amended and revised as of March 1st, 2004), art. 34.1.
34
Criminal
Code
of
the
Azerbaijan
Republic
http://www.legislationline.org/documents/section/criminal-codes/country/43, accessed on November
27, 2010, art. 53.
28
replacing public work and corrective work for which they receive
no more than one year of sentence.35
35
Ibidem
Idem, art. 72.
37
Code of the Azerbaijan Republic for Carriage of Sentences, (approved by the Law of July 14, 2000
and effective as of September 1st, 2000. Amended and revised as of March 1st, 2004), art. 17.1.
38
Idem, art. 52.1.
39
Government Ordinance 92/2000 regarding the function of services for reintegration and
supervision.
36
29
Cultural differences
Based on the fact that Azerbaijan is predominately an Islamic country, while
Romania is a Christian one, and that Azerbaijan was part of the Soviet Union until
1991, while Romania was not, one could argue the multiple differences. For instance,
in Azerbaijan convicts shall wear identical uniforms at penitentiary institutions; the
form of such outfit shall be specified in the Internal Disciplinary Policy.40 In
Romania, there is no obligation for offenders to wear certain clothing. Moreover, in
Azerbaijan convicts shall be prohibited from keeping and using cash, securities and
valuables as well as other items specified by the penitentiary institutions Internal
Disciplinary Policy, in order to enforce compliance with the terms and conditions of
carriage of sentence.41 Offenders use a personal account on a non-cash basis, but the
non-cash basis is only maintained in some facilities, while some prisoners may
have the privilege to spend cash. Romanian prisoners, on the other hand, can use
their own money as they please in a penitentiary, usually spent at the facilitys
store.42
In addition, Azerbaijani adult prisoners who can work and receive a wage or
pension are required to pay for clothes and their meal. And those deviating from
work shall be deducted this amount from their personal accounts.43 We can find this
statement also in the law for carriage of sentences, in which it is stated that capable
convicts of age paid salaries or pensions shall pay for the food and clothes provided,
except for special food products or special clothing; [] the cost of food and clothes
shall be paid monthly within the limits of actual monthly expenditures.44 The rest of
offenders receive all these on the states expense. Romanian prisoners on the other
40
30
hand, regardless of working status, are not required to pay for anything, and clothing
for example is provided if requested.45
Azerbaijan puts a great emphasis on working in prison leading up to stating
that rejection to work or disruption of professional activity without a legitimate
reason shall be deemed a breach of the rules for carriage of sentences and shall
constitute grounds for application of disciplinary actions against, or holding convicts
financially liable.46 In contract, in Romania, offenders are allowed to work if they
want to.47 However, the latest Romanian law that modifies and completes the law
regarding the carriage of sentences states that offenders can be asked to work based
on their physical and mental ability and also, based on the doctors advice.48 This
modification came as a shock to the civil society who warned that imposing work on
offenders is a human rights violation, especially in the light of improper conditions to
work and almost no choices in regard to fitting ones educational and professional
background.
Interestingly enough is that Azerbaijani offenders have the right to use the
phone and send letters on the prisons expense, based on a set of conditions. But, the
penitentiary institutions management shall censor written communications /
correspondence sent and received by convicts, except correspondence to and from
their counselors or other persons duly authorized to provide legal assistance and
counsel.49 Convicts letters sent to state institutions, non-governmental
organizations and officials shall be accompanied by cover letters of penitentiary
management. Cover letters shall reflect on view of penitentiary management on the
described matter.50 In comparison, Romanian prisoners have to pay for their own
45
Order of the Ministry of Justice, June 24, 2010 for approving the Regulation regarding safe places
of defention under the National Administration of Penitentiaries. Published in the Official Monitor of
Romania, Part I.
46
Code of the Azerbaijan Republic for Carriage of Sentences, (approved by the Law of July 14, 2000
and effective as of September 1st, 2000. Amended and revised as of March 1st, 2004), art. 95.6.
47
Law no. 275, July 4th, 2006 for carriage of sentences and measures ordered by the court during the
criminal trial, published in the Official Monitor of Romania no. 627, July 20, 2006, art. 57.2.
48
Law no. 83, May 13, 2010 for modifying and complete Law no. 275, July 4th, 2006 for carriage of
sentences and measures ordered by the court during the criminal trial. Published in the Official
Monitor of Romania, Part I no. 329, May 19, 2010, art. 23.
49
Idem, art. 83.2.
50
Regulations for Internal Disciplines in Penitentiaries, (approved by Decree No.13-T dated March
24, 2004 of the Ministry for Justice of Azerbaijan Republic), art. 118.
31
phone charges and mail stamps, and if they can afford it, they can make phone calls
and send letters as many as they want. And their correspondence is strictly private.51
Azerbaijan has a particular focus on their juveniles allowing parents to be
part of their offspring rehabilitation: parental committees may be established at
rehabilitation institutions composed of parents or other close relatives of the convicts
in order to increase the effectiveness of the rehabilitation effect on convicts and assist
the rehabilitation institutions management in rehabilitation / reformation work;
operation of the parental committee shall be governed by the normative legal act
approved by the competent executive authority.52
When it comes to quarantine, in Romania, the new prisoners follow a 21 days
of quarantine and at the very beginning of their arrival at the facility they are
washed and, if necessary, have their hair cut, and follow a deworming procedure.53
In Azerbaijan, newly admitted convicts shall undergo comprehensive sanitary
disinfection; during disinfection, hair and beards shall be shaved off54, without
exception.
In Azerbaijani prisons offenders are not allowed to: sell, present or give away
personal items and other goods to other offenders; play gambling games; get tattoos;
use foul language and profanities; put or hang photos, pictures from newspapers,
magazines on walls, beds or doors. Some of these restrictions are similar to those in
Romanian prisons, although they are normally not followed. Selling different items is
another form of currency, getting a tattoo is a form of expression, of belonging, of
status, and cursing and engaging in illegal activities while in prison is more as a
lifestyle.
What stood up when reading the laws regarding the prison system in these
two countries is that in Azerbaijan a person can be exiled from Azerbaijan Republic,
51
Order of Ministry of Justice, June 24, 2010 for approving the Regulation regarding safe places of
defention under the National Administration of Penitentiaries. Published in the Official Monitor of
Romania, Part I, art. 43.3.
52
Code of the Azerbaijan Republic for Carriage of Sentences, (approved by the Law of July 14, 2000
and effective as of September 1st, 2000. Amended and revised as of March 1st, 2004), art. 131.2.
53
Order of Ministry of Justice, June 24, 2010, for approving the Regulation regarding safe places of
defention under the National Administration of Penitentiaries. Published in the Official Monitor of
Romania, Part I, art. 43.2.
54
Regulations for Internal Disciplines in Penitentiaries, (approved by Decree No.13-T dated March
24, 2004 of the Ministry for Justice of Azerbaijan Republic), art. 318.
32
55
Criminal
Code
of
the
Azerbaijan
Republic
http://www.legislationline.org/documents/section/criminal-codes/country/43, accessed on November
27, 2010, art. 42.0.9.
56
Code of the Azerbaijan Republic for Carriage of Sentences, (approved by the Law of July 14, 2000
and effective as of September 1st, 2000. Amended and revised as of March 1st, 2004), section IV,
chapter XVI.
57
Criminal
Code
of
the
Azerbaijan
Republic
http://www.legislationline.org/documents/section/criminal-codes/country/43, accessed on November
27, 2010, art. 141.1.
58
Idem, art. 141.2.
59
Code of the Azerbaijan Republic for Carriage of Sentences, (approved by the Law of July 14, 2000
and effective as of September 1st, 2000. Amended and revised as of March 1st, 2004), art. 2.1.
60
Idem, art. 2.2.
61
Idem, art. 2.3.
62
Ibidem
33
educational work
general education
vocational training
social influences64
The law also mentions that rehabilitation tools shall be applied to convicts
on a case-by-case basis given the kind of the offence, degree and nature of social risk
of the committed offence, personality and behavior of the convict.65 Moreover, the
officer of justice shall be responsible for carrying out inflictions involving
rehabilitation practices.66
Like Romania, Azerbaijan also encourages working with public organizations
(or NGOs) in order to provide offenders with the means for a proper rehabilitation
and, eventually, reintegration.67
But analyzing further the Azerbaijani law, it is said that the sentence of
rehabilitation activities shall be carried out at the place of the convicts principal
employment68, which can be understood that working in prison is considered a form
of rehabilitation. Interestingly enough is that from my personal communication with
representatives of the public organizations, only 15% of offenders in Azerbaijani
prisons work.
63
34
Also, it is stated that prison area shall be divided into restricted and
production areas.69 Even medical treatment penitentiary shall be divided into
treatment restricted area and production area.70 All these statements emphasize that
working in prison is seen as a form of rehabilitation. Furthermore, apart from the
guards, there are no specialists, such as social workers, psychologists, and educators
working in prison. Even if it is mentioned that penitentiary staff shall [] conduct
education / correction work with convicts71 the only rehabilitative activity a nonspecialist staff can coordinate is supervise offenders at work.
In Romania, both the prison system and the probation system highlights the
need for rehabilitation programs, implemented either by the specialists in prisons
(social workers, psychologists, educators) and probation officers, or by the civil
society through different NGOs projects. One of the issues regarding rehabilitation
programs in prisons and probation in Romania is the lack of evaluation of such
programs. No one really knows if they work. However, the prison administration has
started a year ago a National Strategy for Social Reintegration, calling all those
social actors involved in working with offenders in the hope of developing a
consolidated action plan to assist offenders throughout their imprisonment and after
release.
The latest changes to the Romanian law for carriage of sentences encourage
offenders to work voluntarily in exchange of free days of sentence.72 Also, the law
adds the existence of a multi-disciplinary team who can determine if an offender
should be moved to an easier regime in the light of a proper conduct, increasing,
therefore, the chances for social reintegration post-release.73 Azerbaijan on the other
hand, as mentioned previously, has an Adaptation Center that can help reintegrate
former prisoners, which is not very clear if it is functional at the moment.
And finally, Azerbaijan has a parole system and those offenders release on
parole shall be supervised by the officer of justice of the court having jurisdiction
69
Regulations for Internal Disciplines in Penitentiaries, (approved by Decree No.13-T dated March
24, 2004 of the Ministry for Justice of Azerbaijan Republic), art. 23.
70
Idem, art. 29.
71
Idem, art. 54.
72
Law no. 83, May 13, 2010 for modifying and completing Law no. 275, July 4th, 2006 for carriage
of sentences and measures ordered by the court during the criminal trial. Published in the Official
Monitor of Romania, Part I no. 329, May 19, 2010, art. 24 and art. 43.
73
Idem, art. 2 and art. 44.
35
over the convicts place of residence.74 In contrast, the parole system in Romania
has been recently included in the new Criminal Code (still not adopted, but started to
be implemented in specific areas, through a series of laws). Until now, Romania did
not use to supervise those released from prison. But soon, probation officers will add
a new duty to their job requirements.
Opportunities for social intervention
In the following I will insist on the alternative methods to detention and what
it can be done in regard to rehabilitation and reintegration.
Nowadays we hear more often about restorative mechanisms as part of the
criminal justice system. Finding concepts such as restoration of social justice in the
Azerbaijani Criminal Code, one can only wonder about the potential for
implementing restorative principles in prisons and probation. The presence of the
probation system in Romania, as an alternative to prison, and the new Criminal and
Civil Codes open a platform of opportunities for the development of the criminal
justice system.
Both countries refer to work, either if it is public work or corrective
work in Azerbaijan, or community work in Romania. The concept of community
work in Romania, as part of the probation sentence, can be rehabilitative as long as
the offender is given the meaning of why he or she is doing that work. Working can
also be rehabilitative if it is complemented with social, psychological and / or
educational assistance.
Talking about probation, we need to mention that we find in the Azerbaijani
laws concepts such as officer of justice, which is described in terms a probation
officer in Romania is. As long as an officer has attributions beyond supervision of
offenders, such as counseling and mentoring, rehabilitation can be achieved.
In the Azerbaijani laws the restriction of freedom and the sentence of
custodial restraint are considered alternative measures. To what extent are they
really alternatives is hard to understand from this simple analysis, but it would be of
interest to look in more depth at these types of sentences.
74
Code of the Azerbaijan Republic for Carriage of Sentences, (approved by the Law of July 14, 2000
and effective as of September 1st, 2000. Amended and revised as of March 1st, 2004), art. 178.
36
37
can support themselves while imprisoned or they can even support their own
families.
Partnerships between institutions and even between systems from different
countries can build the know-how between experts in order to improve their own
workplace and make the systems they work in effective.
I cannot stress enough the importance of this dual rehabilitative-reintegrative
intervention. The Romanian professor Gheorghe Florian PhD once mentioned that
the actual problem is not the recidivism of offenders, which is caused by the
inefficiency of these rehabilitative-reintegrative interventions, but our lack as a
system to prevent new crimes and so, new criminals who enter into our prison and
probation systems. He argued that if a society has to deal only with re-offences made
by the same offenders and not new crimes made by new comers, than it is a society
way safer than others. But is it really? If a criminal justice system fails to reintegrate
offenders, what is the use of it, anyway? Moreover, dealing with the same offenders
who become experienced offenders can set a bad example for the potentially new
ones. These recidivists could help in the making of new criminals through their own
example. In this order to ideas, rehabilitation programs for offenders are crucial, as
are the reintegrative programs.
Also, it is very important to insist on the development of alternative
mechanisms to incarceration. It does not necessarily need the establishment of a
totally different system, but it needs the social actors within the criminal justice
system to use their resources in producing such alternatives. The anchors needed in
order to operate new mechanisms are already mentioned in the laws.
Lastly, Romania has a civil society for more than 20 years and Azerbaijan has
a Public Committee created four years ago. These community agents can collaborate
with the system and help it develop. As the Romanian professor Sorina Poledna PhD
once said, solutions consist in collaboration and this is the only way we can create
a safer society by improving the prison and probation systems.
38
References
Code of the Azerbaijan Republic for carriage of sentences, (approved by the Law in
July 14, 2000 and effective as of September 1st, 2000. Amended and revised
as of March 1st, 2004).
Criminal Code of Romania, June 28, 2004, published in the Official Monitor of
Romania, Part I no. 575, June 29, 2004 (the original code dates since 1968).
Criminal
Code
of
the
Azerbaijan
Republic
http://www.legislationline.org/documents/section/criminal-codes/country/43,
accessed on November 27, 2010.
Government Ordinance 92/2000 regarding the function of services for reintegration
and supervision, Romania.
Law no. 275, July 4th, 2006 for carriage of sentences and measures ordered by the
court during the criminal trial, published in the Official Monitor of Romania
no. 627, July 20, 2006.
Law no. 83, May 13, 2010 for modifying and completing the Law no. 275, July 4th,
2006 for carriage of sentences and measures ordered by the court during the
criminal trial. Published in the Official Monitor of Romania, Part I no. 329,
May 19, 2010.
Law Project regarding the Criminal Code of Romania, form sent to parliament http://www.just.ro/Sections/PrimaPagina_MeniuDreapta/NoileCoduri/tabid/1
473/Default.aspx, accessed on October 3rd, 2009.
Ministry of Justice of Azerbaijan Republic, 2010, Ministry of Justice of Azerbaijan
2010 Presentation.
National
Administration
of
Penitentiaries,
Romania
http://e-
39
40
41
42