constitutional and legal powers, we take actions aimed at strengthening the protection and
respect of the rights and freedoms of persons deprived of their liberty. As a result, this
assessment of the current situation is based on the data collected while performing the
protective role and on the data collected while performing NPM activities.
3.1.
Accommodation conditions
Accommodation conditions, which include the totality of health, hygienic and spatial
requirements, are still one of the main causes for violation or restriction of the rights and
freedoms of persons deprived of their liberty. The overcrowding of the prison system is not
only one of the primary generators of violations of the right to accommodation guaranteeing
human dignity and health standards, but it also causes restrictions of numerous other rights
and freedoms of persons in the prison system. Further, overcrowding causes numerous
organisational difficulties and has direct effects on the security situation in penal institutions,
especially when having in mind the understaffing of the security department according to the
relevant systematizations. According to the data published in the annual Report on the
situation and functioning of penitentiaries, prisons and correctional facilities for 2012, the
prison system's occupancy rate was 154% in 2010, 134% in 2011 and 126% in 2012.
According to the data provided by the Central Office of the Prison System Directorate, on 31
December 2013 the prison system's occupancy rate was 115%, which continues the trend of
the declining overcrowding rate. Although this information is encouraging, we must keep in
mind that the prison system's average occupancy rate in high security conditions, regardless of
the trend of decline in the general overcrowding rate of the prison system, stands at 122%,
while the prisons' average occupancy rate in high security conditions amounts to 149%. What
this represents to a person deprived of liberty placed under high security conditions is best
illustrated with an example of Zagreb County Prison, where during the visit it was established
that up to seven prisoners are placed in 16 m2 dormitories. The table, on which the prisoners
eat because meals are distributed in dormitories, is located immediately next to the toilet,
which is partially separated from the rest of the room by a barrier not reaching the ceiling.
Because of the insufficient number of chairs, prisoners eat on their beds, where they in
general spend the largest part of their day.
At Lepoglava State Prison, the surface of the room intended for carrying out the specific
measure of maintaining order and security - placement in a specially secured room devoid of
dangerous objects, amounts to only 2.60 m2 and therefore is not in compliance with the
minimum legal standards. However, when considering the criteria referred to in CPT
standards, under which all rooms measuring less than 6 m2 should be taken out of service,
only two rooms out of twelve in the A1 ward would be suitable for the accommodation of
prisoners.
The claim that the prison system's accommodation conditions are a systematic problem is also
confirmed by the Office of the Representative of the Republic of Croatia before the European
Court of Human Rights' Report for 2012, where it is stated that Croatian cases related to
execution of prison sentences are characterised by a high share of repetitive cases and that in
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