Reynar: We Reject Any System That Leaves Court Rulings to Administrative Discretion

In a written statement, Reynar called for the amendments to be withdrawn, claiming they are incompatible with the principles of the rule of law.

He accused the government of making a habit of using regulations instead of legislation, arguing that the latest changes to the Prison Disciplinary Regulations would allow the consequences of judicial decisions to be determined by administrative authorities appointed by the political leadership.

Reynar stressed that the issue is not whether good behaviour by prisoners should be rewarded, but that it is "unacceptable" for administrative bodies to be granted broad powers that could effectively alter sentences imposed by independent courts.

He noted that courts determine sentences after carefully assessing evidence, the seriousness of the offence, the defendant's circumstances, the victim's situation and the public interest, describing criminal proceedings as the result of lengthy and meticulous investigative, prosecutorial and defence processes.

According to Reynar, allowing administrative authorities to determine a significant part of how court decisions are implemented does not strengthen the prison system but instead weakens the authority and credibility of judicial rulings.

He also referred to an official response from the Interior Ministry to a request filed under the Right to Information Law, which showed that 1,433 prisoners were released by decision of the Parole Board between July 15, 2021 and July 17, 2026.

Reynar said the figures demonstrate that the existing parole mechanism is already functioning actively and argued there is no need for further regulatory amendments expanding administrative discretion.

He maintained that reforms with significant consequences for the execution of criminal sentences should be introduced through comprehensive legislation passed by parliament rather than through administrative regulations.

Reynar also called for the structure of the Parole Board to be reviewed, arguing that it should be composed primarily of legal professionals and safeguarded from political influence to ensure its independence.

He said that not only the length of a sentence but also the conditions under which it is served must be clearly defined by law, adding that granting powers through regulations that could effectively alter court rulings is incompatible with the rule of law.

"The administration cannot replace the courts in a state governed by the rule of law," Reynar said, arguing that creating administrative mechanisms to exercise judicial discretion violates the principle of the separation of powers.

He further warned that decisions not subject to effective judicial oversight create conditions for arbitrary practices, stressing that the rule of law depends on transparent and accountable rules rather than trust in individuals.

While acknowledging that prison capacity, the execution of sentences, rehabilitation policies and the parole system could all be reviewed, Reynar argued that none of these issues justify transferring judicial authority to administrative bodies.

He concluded that society needs a transparent, predictable and equitable criminal justice system based on legislation that respects judicial independence, rather than new administrative powers that weaken the authority of the courts.

Reynar said the prison sentence enforcement regime should be comprehensively revised through parliamentary legislation instead of being amended piecemeal through regulations.