Lesij No. Xxv, Vol. 2/2018 Brief Overview on The
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BRIEF OVERVIEW ON THE PENITENTIARY SYSTEM – LESS COMMON ASPECTS Constantin Marc NEAGU Abstract After last year’s study regarding the occupational therapy as a possible solution for preventing the breach of criminal law1, in which we have analysed the penitentiaries in Europe, we have considered to further explore the penitentiary system in order to show the lesser-common aspects. Around the world there are prisons which offer those who have been convicted a decent life, as these facilities have been especially designed to re-educate them. Therefore, we have considered that it might be useful to approach the types of penitentiaries that exist around the world because the persons interested in this subject will have the possibility to get a comprehensive view on the evolution of one specific part of the punitive justice system, namely prisons, considering the development of the human society, as well as peoples’ mentalities. Keywords: penitentiary, prison, punitive measures, security. punitive measures, which have had direct 1. Introduction consequences on the organizations of the spaces allocated to offenders, so that these In our opinion, it might prove useful to places would either instil fear or regulate approach the types of penitentiaries that human relationships (e.g. keeping families exist in various countries round the world together). because the characteristics, that some of them have, underline not only lesser-known facts, but also lesser-common aspects. 2. Less Common Penitentiaries Thus, those interested in this issue will Around the World have the possibility to get a comprehensive The Sark Prison is the smallest prison view on the evolution of one specific part of in the world and is situated on Sark Island in the punitive justice system, namely prisons, Guernsey, a British territory, a few hundred considering the development of the human kilometres away from the French coast. This society, as well as peoples’ mentalities. prison was built in 1856 and it has only two Along time, in the evolution of cells. Local authorities still use it for short mankind, there have been different views on imprisonments1. Assistant Lecturer, Phd Candidate, Faculty of Law, “Nicolae Titulescu” University of Bucharest (e-mail: [email protected]). 1 Please see Constantin Marc Neagu, Occupational Therapy - Possible Solution for Preventing the Breach of Criminal Law and Socially Reintegrating Offenders, published in LESIJ – Lex et Scientia International Journal, no. XXIV, vol. 2/2017, p. 136 – 144, available at http://lexetscientia.univnt.ro/ro/articol/OCCUPATIONAL- THERAPY--POSSIBLE-SOLUTION-FOR-PREVENTING-THE-BREACH-OF-CRIMINAL-LAW-AND- SOCIALLY-REINTEGRATING-OFFENDERS~612.html. 1 Please see https://www.ziare.com/. LESIJ NO. XXV, VOL. 2/2018 234 Lex ET Scientia International Journal Another less common prison is the one gates, any resemblance to a normal prison from Aranjuez, Spain. This prison is said to goes away: there are children playing in the be the only one in the world providing not streets, stalls, barber shops and even a hotel. only special family cells displaying Disney There are no guards, uniforms or bars. characters on their walls, but also a Nevertheless, a price needs to be paid for kindergarten and playgrounds for the this freedom to exist: the prisoners must buy inmates’ children. The Spanish penitentiary their cells, so most of them are expected to was designed so as to give the prisoners the work. ‘If you have money, you can live like possibility to spend time with their children. a king here’, said a prisoner. And it seems Aranjuez is 40 kilometres away from Madrid that he is right as in the Los Pinos prison and has 36 family cells2. section the cells are large, they have their The first ecological prison in the world own bathrooms, kitchens and TV sets and in lies in Norway. Although the idea of an ‘eco- their courtyards, there are billiards tables, friendly’ penitentiary is not very popular, the kiosks and stalls. These cells can be bought small island Bastoey in Norway succeeded for $1,000-1,500. In the poor section of the in changing the local prison into a ‘green’ prison, the prisoners sleep in the open air or one. The minimum-security prison uses they are crammed in very small cells4. solar panels to obtain energy, produces In the Cebu Prison in the Philippines, almost 100% from the food it consumes and the inmates are very good dancers. The recycles everything it can. The prison looks 1,500 prisoners take dancing lessons every more like a farm and emphasize should be day and they have become so highly valued made that the extra ecological fruit and that they are often invited to cultural events vegetables are sent to other prisons in and they are really paid for their Norway. performances. They have even recorded a In Mexico one can find Cereso few videos. Moreover, the Cebu Prison Chetumal, a prison where disputes that arise organizes live shows and spectators can buy are solved in the boxing ring. Although, to T-shirts like those of the prisoners or other some extent, it may sound odd and one souvenirs5. might assume that violence is encouraged, for more than 10 years no violent acts have been committed by prisoners. According to 3. Less Common Penitentiaries in the warden, Victor Terazzas, ‘when there is Romania a dispute between two prisoners, they put on Less common prisons can also be their boxing gloves and climb into the ring, found in Romania. In 2017, BBC made a and 2 or 3 rounds later they end up their feature story in Biertan village in disagreement3.’ Transylvania. This unique Romanian village In the San Pedro Prison in Bolivia, the belonging to the UNESCO patrimony is the prisoners can ‘buy’ their cells. The San place where the fortified church, built in Pedro prison, the biggest prison in Bolivia’s 1490, sheltered a special cell, where couples capital city, La Paz, hosts approximately who were unable to get on well with each 1,500 prisoners. Once you enter it, leaving other were locked up by the priest for six behind the thick walls and the enormous weeks to solve their problems. 2 Please see www.9am.ro. 3 Please see www.ziua.ro. 4 Please see https://www.mediafax.ro/. 5 Idem. LESIJ NO. XXV, VOL. 2/2018 Constantin Marc NEAGU 235 Consequently, there was only one divorce in adultery), it was preferred that couples 300 years. attempt to save their union. Therefore, a According to the BBC reporter, couple seeking divorce would voluntarily ‘Picturesque Biertan, one of Transylvania’s visit the bishop, who would send them to the seven Saxon Unesco World Heritage marital prison to see if their differences villages, feels frozen in time. Horse-drawn could be reconciled before they parted ways. carts are still a part of daily life, and local ‘The prison was an instrument to keep residents gather to trade their wares in a society in the old Christian order,’ explained cobbled village square. At the heart of the Zielger, who noted that it also protected village, a 15th-Century fortified church women and children, who were dependent towers over the surrounding structures from on the family unit to survive. If a divorce did its hilltop perch.’ occur, the husband had to pay his ex-wife ‘Inside the Eastern part of the church, half of his earnings, but if he remarried and along one of its fortification walls, is a small divorced again, the second wife was entitled building with a room inside barely larger to nothing6. than a pantry, named the marital prison cell’ Another less common prison in continues the feature story. Romania is the one in Târgşor, in the For 300 years, couples whose Prahova county, which is, nowadays the sole marriages were on the rocks would find Romanian prison for women. Nevertheless, themselves here, locked away for up to six between 1948-1952, in Târgşor, functioned weeks by the local bishop with the hope that the only prison for children in the world. they would iron out their problems and avert Hundreds of minors who either explicitly a divorce. Documents from that period show fought against the communist regime or that this type of counselling, the ‘marital were members of the Romanian fascist prison’, was efficient, added the British movement were forced to study the works of reporters. Marx and Engels, had to undergo “Thanks to this blessed building, in the psychological experiments and were beaten 300 years that Biertan had the bishop’s seat so that they could be reborn as brand-new we only had one divorce,” said Ulf Ziegler, individuals, true communists.7 Biertan’s current priest. Today, the small dark prison is a museum exhibiting mannequins. The room 4. The ‘Pitești’ Phenomenon has low ceilings and thick walls, and is The Pitești penitentiary stood out sparsely equipped with a table and chair, a among Romanian prisons in the communist storage chest and a traditional Saxon bed era due to its harshness. Romanian political that looks small enough to belong to a child. prisoners arrested after 1945 were brought to As couples attempted to repair their the Pitești Penitentiary, in the Argeș county, marriages inside this tiny space, everything and they had to go through ‘the Pitești had to be shared, from a single pillow and experiment’ – an intensive brainwashing blanket to the sole table setting. torture program. Lutheranism, the religion of the The prison was built before starting the Transylvanian Saxons, governed most experiment. According to Eugen Măgirescu, aspects of life, and although divorce was work on this prison started in the late 1930s, allowed under certain circumstances (i.e. for during the reign of King Charles II of 6 Please see www.news.ro.