2012, among 46 Croatian cases which were marked as "leading cases", there is also the so
called Cenbauer group i.e. the group of judgments related to conditions in the prison system.
Furthermore, according to the data received, the Central Office in 2013 received a total of 412
applications for alternative dispute resolution with regard to compensation of damages,
whereas the accommodation conditions and overcrowding are the most frequent reasons for
seeking compensation.
When accommodation conditions are concerned, overcrowding is not the only cause for
violating the rights of persons deprived of their liberty. For example, during the visit to the
new block of Glina State Prison, which without question has the best accommodation
conditions in the entire prison system, a prisoner, who is a person with disability moving in a
wheelchair, complained that the State Prison's facilities are not adapted to persons with
disabilities. As an example, he listed that he cannot open the window by himself because the
window handle is too high, so he requires the help of an assistant that was provided by the
State Prison. Further, he also requires the assistant's help when dialling numbers on the phone
device which is set too high, so he cannot reach the dials on his own. In the Prison Hospital,
despite the expiry of the period prescribed in the Constitutional Court decision of 3 November
2010 by which the Government was ordered to, within a reasonable time not longer than three
years, ensure undisturbed mobility of prisoners with special needs, the elevator has yet to be
installed. Moreover, despite the Constitutional Court decision of 17 March 2009, by which the
Government was ordered to, within a reasonable time not longer than five years, adjust the
capacities of Zagreb County Prison to the needs for accommodation of detained persons in
conformity with the standards of the Council of Europe and case law of the European Court of
Human Rights, which shall not be demeaning to detained persons or prisoners, the works have
not even begun.
The inappropriate accommodation conditions in certain police stations and police detention
units that were visited, irrespective of the fact that persons are placed there during a much
shorter period, can also result in violation of the rights of persons deprived of their liberty and
may constitute inhuman or degrading treatment. This is primarily related to the conditions of
the rooms for accommodation of persons deprived of their liberty, the use of which should be
discontinued because of numerous shortcomings.
Although we are aware of the fact that any improvement of the accommodation conditions
and their harmonization with national and international standards depends upon available
financial resources, which are at this moment lacking due to the lasting financial crisis, the
lack of funds may not be used to justify violations of human rights of any person, including
persons deprived of their liberty.
3.2. Quality of health care
Under the Constitutional Court decision of 3 November 2010, the Government of the
Republic of Croatia was ordered, inter alia, to establish and carry out efficient supervision of
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