Principles of Transfer of Convicts and Detainees and Current Problems

Abstract

During the execution of sentences, the transfer of convicts and detainees to another prison due to discipline, public order and security, illness, education, training, crime, and place of trial, or temporarily taking them to foreign institutions comes to the fore. In this type of transfer, legal reasons such as the capacity of the prison and the status of the personnel are important, as well as the personal or family situation, health problems, and judicial status of the convict or detainee. In fact, when the transfer of the convict or detainee is on the agenda, the situation analysis of the convict or detainee should be done well, and a decision should be made within the framework of an individualized plan. In addition, necessary measures should be taken to ensure the safety of life of convicts, detainees, and transport personnel, to prevent their escape and to protect their health during transfer. However, in any case, the measures to be taken must not be of a nature that harms the essence of fundamental rights, renders them impossible to exercise, discriminates and is contrary to human dignity. The transfer process should be completed without disturbing the person.