Report on the Performance of Activities of the National Preventive Mechanism for 2015
of treatment is generally based on statements given by judicial police officers themselves.
Attention was drawn to such treatment by the ECHR in its decision on Dolenec vs. Croatia
(2009), in which it found that the procedural aspect of Article 3 of the European Convention on
Human Rights was violated. Although all reports on use of means of coercion, including those
containing statements of prisoners claiming that judicial police officers had hit them, are
delivered also to the competent judge of execution, according to information obtained during
the visits there were no cases where the judge requested additional clarifications or sought to
investigate the prisoners’ allegations of possible inhuman or degrading treatment. The fact that
a proactive approach on the part of judges is required has also been pointed out by CPT in its
standards, indicating that even without explicit complaints, in cases where there is suspicion
that a person has been victim of torture, inhuman or degrading treatment, it is necessary to
order an investigation by a medical expert and to determine all the facts. This obligation
pertains equally to physicians as well as to other staff members of the prison system. Without
adoption of this type of proactive practice the danger will remain that potential violations of
fundamental human rights will not be processed and sanctioned, which is unacceptable.
Prisoners’ complaints
Prisoners’ complaints are still not responded to in the legally prescribed time, and the
responses are usually superficial and general. Furthermore, the decision on appeal against the
decision on disciplinary measure is also not made in the legally prescribed time, and procedures
initiated based on requests for court protection last too long in some cases. Records on filed
complaints are not kept in all penal institutions, and according to statements of some prisoners,
complaints are not filed for fear of negative consequences. Until this situation changes
significantly, legal remedies available to persons deprived of their liberty who are in the prison
system will not be effective. Therefore, in order to strengthen the efficacy of legal remedies, it
is necessary to introduce changes in the legal framework, educate officials and prisoners and
publicly condemn any determent or prevention of filing complaints.
Elderly persons deprived of their liberty
In recent times, the number of elderly persons deprived of their liberty has been increasing,
which is why methods of their serving of prison sentence, as well as the accommodation conditions,
should be adapted to their specific needs in all penal institution.
No country that has ratified the European Convention on Human Rights has a prescribed
maximum age limit for one to be deprived of his/her liberty. However, the ECHR finds that when
a country deprives a person in a serious health condition of his/her liberty, it has to pay special
attention to providing the conditions in which he/she will be held or, in other words, those
conditions have to suit this person’s specific needs.
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