From the described situation, which is based on the data we collected by acting in accordance
with the Ombudsman's Act and the ANPM, several conclusion may be made regarding the
respect of the rights of persons deprived of their liberty in the Republic of Croatia.
Despite the fact that in 2013 no treatment was identified that would constitute torture, as the
most severe form of violation of Article 3 of the European Convention for the Protection of
Human Rights and Fundamental Freedoms, other violations of the rights of persons deprived
of their liberty that could constitute inhuman or degrading treatment were identified.
One of the most frequent causes for violation or restriction of the rights of persons deprived of
their liberty is definitely the accommodation conditions, which are still, despite the observed
declining trend, characterised by overcrowding and inability to ensure compliance with legal
and international standards. The efficient supervision of the quality of health care is yet to be
carried out. With regard to the treatment of persons deprived of their liberty, one of the key
shortcomings and causes of violations of the rights is certainly unequal treatment. Although
the reasons for unequal treatment are multiple, our opinion is that they primarily arise from
specific shortcomings in the legal framework, restrictive interpretation or inconsistent
application of regulations, and the accommodation conditions. The level of respect of human
rights of persons deprived of their liberty is directly affected by the level of legal protection
and the efficiency of legal instruments, which are both insufficiently effective.
Cooperation with the state authorities in 2013 was good, but we would like to point out the
significant improvement of cooperation with the Central Office of the Prison System
Directorate. Replies from the Ministry of Health are in some cases received only after sending
rush notes. As good cooperation is one of the prerequisites for successful performance of
NPM activities and protection of the rights of persons deprived of their liberty, we consider it
is necessary to further strengthen the dialogue with relevant state authorities and state
administration bodies.
In conclusion, the current situation regarding the respect of the rights of persons deprived of
their liberty is not alarming, but there is still plenty of room for improvement. We are equally
aware of the state's severe financial situation, but we are again emphasizing that the lack of
funds may not be used to justify violations of human rights. Therefore, having in mind the
information collected by performing activities in accordance with the Ombudsman's Act and
the EPSA, we make the following recommendations:
RECOMMENDATIONS:
1. To the Government of the Republic of Croatia, to fulfil its obligations from the
Constitutional Court decisions of 17 March 2009 and 3 November 2010 in the shortest
possible period;
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