In line with obligations from the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (OG IT 2/05), after the
discussion in the Croatian Parliament, we have printed and delivered the report to the SPT,
CPT, APT and NPMs from the South East Europe NPM Network, and it was published in the
electronic newsletter of the European Ombudsman Network.
2.4. Capacities of the Ombudsman's Office for performance of NPM activities
With regard to the performance of NPM activities, we consider it is important to point out
that, based on the Rules of Procedure of the Ombudsman (OG 99/13) from June 2013, the
Service for persons deprived of their liberty and the NPM was established. However, the
assignment of this new competence to the Office and the beginning if its functioning in 2012
were not followed by appropriate funding in line with the requests of international
stakeholders.
More precisely, in its report on the visit to Croatia in September 2012, the CPT notes that the
current staffing levels, in the part related to persons deprived of their liberty and the NPM
within the Ombudsman’s Office, appear insufficient, and that the expansion of the mandate to
NPM activities has not given rise to any organisational or other strengthening of the Office.
Moreover, the UN Committee against Torture (CAT) requested information from the
Republic of Croatia on whether the resources required for the performance of NPM activities
are ensured, that is, has the Office received the human, technical and financial resources
required for fulfilling its mandate in terms of the prevention of torture and other cruel,
inhuman or degrading treatment or punishment.
Despite all of the above, our capacities are still at an unsatisfactory level which, inter alia,
results in a lower than optimal number of visits and delays in drafting written reports after the
visit. In fact, although the amount of HRK 212,000 was allocated in the State Budget for 2013
under the special activity within the budget of the Ombudsman's Office for the performance
of NPM activities, that amount was reduced by reallocation during the year to HRK 109,150,
while the amount allocated for 2014 is HRK 111,000. These amounts refer to material costs,
excluding expenses for employees. With regard to the number of advisors in the office who
carry out NPM activities in conjunction with their regular work on complaints from persons
deprived of their liberty, and considering the ANPM's shortcomings in terms of prescribing
the number of academic and civil society representatives, it is not possible for the NPM to
significantly increase the number of its activities, particularly with regard to visits. As a
consequence, we will, in cooperation with the Ministry of Justice, initiate amendments to the
ANPM in the course of 2014.
3. Assessment of the current situation in terms of respecting the rights of persons
deprived of their liberty
As previously stated, we consider that preventive and reactive actions constitute an indivisible
whole, within which, using different methodological approaches in accordance with our
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