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Temporary release from prison or provision of escort for urgent family reasons as part of the right to respect for private and family life of detained persons
Drahorád, Jakub ; Řepa, Karel (advisor) ; Suchánek, Radovan (referee)
Temporary release from prison or provision of escort for urgent family reasons as part of the right to respect for private and family life of detained persons The thesis deals with the issue of exercising the right to respect for private and family life by persons deprived of personal liberty due to detention or imprisonment in the form of the possibility to temporarily leave prison space, accompanied by an escort or alone, for serious family reasons. By these the thesis means attending the funeral of a close relative or the possibility to visit them in the hospital while suffering from a life-threatening condition. While in the case of persons remanded in custody, this issue is not regulated in any way by legal or secondary legislation, in the case of persons serving a custodial sentence in prisons with increased security or for life, it is partially explicitly prohibited. In practice, therefore, these persons are barred from exercising their right under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. In the case of persons in the "regular mode" of serving a prison sentence, the execution of this right is dependent on the discretion of the prison director, who does not have to justify his informal decision to suspend the sentence, which is not...
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