You may be punished if you have violated the prisoner’s obligations and prohibitions provided by the law, the bylaws and internal rules of the prison. These punishments are called disciplinary sanctions.
Only disciplinary sanctions that are legally permitted can be imposed. The law has to clearly state the type of penalty that can be imposed for a specific violation. In Moldova, there are several types of disciplinary sanctions - from a warning to the transfer to a stricter detention regime.
Rules on disciplinary proceedings and sanctions are set out in the Execution Code and Statute on execution of the sentence by the convicts.
A written decision
According to Moldovan law, the head of the prison can impose a disciplinary penalty by a written decision. This decision, issued in writing, must include a description of the violation, refer to your explanations, and the reasons why the particular disciplinary penalty was applied.
When the head of the prison takes this decision, he/she must consider your opinion and explanations. This is particularly important if the potential penalty is to be placement in solitary confinement. Bear in mind that the right to be heard means that you must be able to express your opinion, but it does not require the head of the prison to agree with your opinion.
Appeal
You can appeal the decision of the head of the prison to the investigative judge within 3 working days of its notification. The decision of the investigative judge can be appealed to the relevant Court of Appeal.
The procedure for the appeal is laid out in the Execution Code of and in the Criminal Procedure Code.
What human rights violation may there be?
Right to a private and family life
Depending on the type of penalty applied, serious violations of the disciplinary procedure may violate your right to a private and family life.
example If the chief of the prison has prevented you from meeting your family members as a disciplinary punishment, but such decision has not been issued in writing, it may violate your right to family life.
Right to a fair trial
Your placement in solitary confinement is comparable, in its seriousness, to a deprivation of liberty. Therefore, you are entitled to the guarantee of a right to a fair trial in disciplinary proceedings involving solitary confinement.
example If you are placed in solitary confinement for 15 days, without an opportunity to express your opinion during the decision making process, your right to a fair trial may have been violated.
Read more about the right to a fair trial.