BackA number of convicted non-smokers complained to the Ombudsman that a non-smoking area was no longer delimited in their prison. Even though they had been moved to a non-smoking accommodation area, the common areas were still constantly full of cigarette smoke and the same was happening in the staircase area where the convicts stand in queue for meals. The inquiry in the prison concerned confirmed the convicts’ allegation. The whole unit contained only a small smoking room (1.1 x 2.2 metres) for four convicts of a smaller stature; the unit housed 13 non-smokers and 52 smokers who themselves confirmed that they also smoked in non-smoking common areas despite the prohibition because the smoking room did not meet their needs.
After the inquiry, the Ombudswoman concluded that the prison made an error when it allowed non-smokers to be regularly exposed to the negative effects of passive smoking. Several solutions were proposed to the prison director to solve the undesirable situation. The Ombudswoman also noted that the prison had undoubtedly failed to punish convicts for violating the smoking ban; however, the prison did not change its practice in this regard.
After issuing the inquiry report, the prison established – based on the Ombudswoman’s recommendation – a non-smoking unit for 25 convicts, to which all convicts who had requested non-smoking accommodations were moved.
Source: Office of the Public Defender of Rights, Czech Republic
