Report on the Performance of Activities of the National Preventive Mechanism for 2015
something to be considered as degrading treatment it is
sufficient for the victim to feel humiliated and that any
unjustified use of force represents degrading treatment,
regardless whether the physical force was of lesser
intensity than the force that would have left permanent
consequences.
Following a visit to the Republic of Croatia in 2007, the
European Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment
(hereinafter: CPT) recommended that the police officers use
force strictly to the extent necessary for persons acting
violently or agitatedly to be brought under control. However,
the conducted investigative procedures indicate that this
recommendation is sometimes not respected.
2.3.
When persons are made to lie
with their face down on the
ground, in front of a group of
observing citizens or
journalists, and when video
recordings of such treatment
are posted on the website of
the Ministry of the Interior
without protecting the
identity of the person in the
video, this can certainly
represent degrading
treatment.
Complaints filed by persons with mental disorders
In 2015, persons with mental disorders or members of their families mostly complained about
involuntary hospitalization, conducting of certain medical procedures without prior freely given
consent and violation of certain rights of persons with mental disorders under the Act on
Protection of Persons with Mental Disorders (hereinafter: APPMD). In recent years there has
been a noticeable increase in the complaints filed by persons with mental disorders and
members of their families, due to their being better informed about our competence and due
to our more frequent visits to psychiatric institutions.
Considering that the Ombudswoman is not competent for diagnosing a mental disorder or for
evaluation whether it was medically justified to involuntarily detain and place somebody in a
psychiatric institution (and the complainants very often have precisely such expectations), we
have provided them with information about who to appeal to. In a small number of cases it was
found that the complainant’s constitutional and legal rights had been violated. One such
example is a complaint about a hospital’s failure to grant a patient access to medical records in
2014, where the hospital explained that access could only be granted upon request of the court.
However, pursuant to Art. 23 of the Act on Protection of Patients’ Rights and Art. 23 of the Act
on Medical Practice, the hospital was obligated to show the patient her medical records and to
have them copied at her expense, considering the fact that the APPMD that was in effect at the
time neither prescribed the patient’s right to access medical documents nor did it prohibit or
limit that right.
3. NATIONAL PREVENTIVE MECHANISM
In the fourth year of operation of the NPM, we had 72 visits, which was 227% more when
compared to the previous year. The visits included the prison system, the police system,
locations affected by the refugee crisis and homes for the elderly and the disabled.
6
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