One of the causes for unequal treatment of persons deprived of their liberty also arises from
restrictive interpretation or inconsistent application of regulations. For example, during our
visit to certain penal institutions, prisoners complained that during escort to court hearings
they are not allowed to wear their own clothes, but go to court wearing their denim prison
clothes and shoes which are sometimes of inappropriate size or without shoelaces. Such
treatment needs to be observed in the context of a prisoner who came to the hearing in his
prison clothes, while the two co-defendants on pre-trial release sitting next to him wore
suitable clothes. Because such treatment may create a feeling of low self-esteem, and cause
prisoners to feel humiliated and hurt, we warned the Central Office about the necessity to
comply with the EPSA and European Prison Rules under which prisoners who obtain
permission to go outside prison shall not be required to wear clothes that identifies them as
prisoners. Acting on our warning, the Central Office issued an instruction to all penal
institutions concerning this treatment and application of the EPSA in which, among other
things, it emphasized that the denying of wearing own clothes may not be applied generally,
but the head of the prison must decide upon each individual case.
Additionally, pursuant to the regulations in force and the House Rules of Lepoglava State
Prison, a prisoner whose performance of his/her individual programme for the execution of
prison sentence was evaluated as successful, may receive benefits such as going out with a
visitor, going out to the prisoner's place of permanent or temporary residence and going out
without a visitor. Nevertheless, during the visit to Lepoglava State Prison it was established
that not a single prisoner serving his prison sentence in the high security ward was granted
extra-institutional benefits. This is a clear case of restrictive application of the listed
provisions, of which the State Prison management was warned.
During the visits in 2013 we identified cases of inconsistent application of Article 10 of the
Ordinance on standards for prisoners' accommodation and meals, under which prisoners use
cutlery consisting of a spoon, fork, knife and small spoon in their standard sizes. While in a
smaller number of penal institutions prisoners are given the prescribed cutlery, in a majority
of penal institutions they are given only a spoon. Whilst respecting the security reasons,
which are always listed as those preventing consistent application of Article 10 of the
Ordinance on standards for prisoners' accommodation and meals, arbitrary treatment is
detrimental and thus it is required to comply with relevant regulations or, if that is actually
required, amend the listed provision.
Furthermore, accommodation conditions are certainly one of the causes of unequal treatment
of persons deprived of their liberty. For example, there is no specially secured room devoid of
dangerous objects in Bjelovar County Prison due to which a prisoner, as previously
referenced, was restrained to the bed during the entire night. According to the received
information, in a similar situation in another penal institutions, the specific measure of
maintaining order and security – placement in a specially secured room devoid of dangerous
objects would be imposed on that prisoner and he would not be restrained to the bed.
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