conditions and treatment; at Lepoglava State Prison, to health care, accommodation conditions, transfers, conduct of judicial police officers and treatment. From these figures it is clear that the accommodation conditions are still one of the most frequent reasons for lodging complaints, which are primarily related to the violation of spatial standards for accommodation referred to in Article 74 paragraph 3 of the EPSA, which prescribes that the living space per prisoner in multi-occupancy cells should be at least 4m2 and 10m3. Unfortunately, with regard to such complaints all we can do is to establish a violation of the right and make a recommendation which, due to overcrowding in the prison system, generally does not result in elimination of the established violation. Moreover, both written and oral complaints from prisoners concerning the insufficient number of cabinets for personal belongings, which must be provided in accordance with the Ordinance on standards for prisoners' accommodation and meals (OG 92/02), are frequent. In fact, due to the prison system overcrowding, certain prisoners, generally those held in detention on remand or serving prison sentences for misdemeanours, do not have their own cabinet, so they keep their personal belongings in bags under the bed. This situation is additionally aggravated by the fact that during walks, which generally occur in open walking yards, they cannot have an umbrella, so wet clothes are dried in overcrowded rooms or stuffed wet under the bed. Furthermore, a number of complaints, both written and oral, were received from prisoners claiming that they were, against their will, placed in rooms with smokers, despite the fact they are non-smokers, so they are constantly exposed to passive smoking and fear for their health. Numerous research studies have shown that exposure to passive smoking may pose a serious risk to health, and for these reasons the Republic of Croatia passed the Act on Restriction of Usage of Tobacco Products (OG 125/08 and 119/09). The prohibition of smoking in enclosed public places is based on Article 16 (human health) in conjunction with Article 70 of the Constitution of the Republic of Croatia (right to a healthy life, and everyone's duty to, within the scope of their powers and activities, accord particular attention to the protection of human health, nature and the human environment). Despite the fact that prisons and penitentiaries are exempt from the Act on Restriction of Usage of Tobacco Products and the Ordinance on standards for prisoners' accommodation and meals prescribes that prisoners who are smoking will be, in line with the capabilities of each penitentiary or prison, placed separately from nonsmoking prisoners, our position is that it is urgently required to find ways of ensuring protection from passive smoking to those prisoners who demand it, regardless of whether they are non-smokers or smokers. Moreover, exemption from the smoking ban of prisons and penitentiaries, as listed in the Act on Restriction of Usage of Tobacco Products, may be discriminating against prisoners on the basis of their social position. We are aware that the implementation of a complete ban on smoking in the prison system would be very difficult and that a large percentage of prisoners are smokers (according to the Council of Europe's report on the prevalence of tobacco smoking amongst prisoners from April 2008, it is estimated that smokers represent 64 to 88% of the male prison population). We are also taking into consideration the fact that, because of the prison system overcrowding, it is very difficult to provide specially designated rooms for smokers within prisons and penitentiaries, but