You may be punished if you have violated the 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 Lithuania, there are several types of disciplinary sanctions - from a warning to a temporary placement in solitary confinement. 

Rules on disciplinary proceedings and sanctions are set out in the Penal Execution Code and Internal Rules of Deprivation of Liberty for convicted prisoners.

A written decision

According to Lithuanian law, disciplinary penalty can be imposed by a written decision. This decision, issued in writing, must include a full description of the violation, your explanations, and the reasons why the particular disciplinary penalty was applied. 

When the decision is taken, your opinion and explanations must be heard. 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 officers to agree with your opinion. 

Appeal

You can appeal the decision to the head of the prison. The decision of the head of the prison can be appealed to the regional administrative court. 

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.

Resources

Last updated 13/07/2024