Report on the Performance of Activities of the National Preventive Mechanism for 2015
security correctional facility. Apart from that, there are wards for healthcare of prisoners within
the state and county prisons, where civil servants with completed medical education and
licence to practice their profession independently are employed, by the Prison System
Directorate with the Ministry of Justice. If there are no prison physicians employed or if there
is not enough of them, heads of the prisons conclude service contracts with external healthcare
providers.
The Prison Hospital and the so-called “infirmaries”, i.e. prisoners’ healthcare wards, which are
established in each penal institution, are not medical institutions and they are not organized in
accordance with the Healthcare Act. The Healthcare Act does
The Prison hospital and the
prescribe the possibility for the Republic of Croatia to establish
prisoners’ healthcare
a medical institution for providing of healthcare to persons
wards, which are present in
deprived of their liberty, but this has not been done yet,
each penal institution, are
although the Ordinance on Minimum Standards of Space,
not medical institutions
Workers and Medical Equipment for Providing Healthcare to
and they are not organized
Persons Deprived of Their Liberty was adopted in 2014. Existing
in accordance with the
wards within penal institutions do not comply with prescribed
Healthcare Act.
requirements. Supervision of the providing of healthcare to
prisoners is carried out by the Ministry of Health, but this is extremely rare. In this context,
despite the Decision of the Constitutional Court U-III/64744/2009 of 2010, efficient supervision
over the quality of healthcare in the entire prison system has not yet been established.
When the state deprives the citizens of their liberty, it accepts the responsibility for their
healthcare, which should be the same as the healthcare provided to any person insured under
the compulsory health insurance. This is evident from the case law of the ECHR. Taking into
consideration the status of the ward where healthcare is provided to prisoners, as well as the
current number of healthcare providers and medical equipment available in those wards, it is
evident that systematic changes in prisoners’ healthcare are required.
A major problem is the fact that prison physicians, who are civil servants and employees of
penal institutions, cannot issue prescriptions for medications or referral slips that would be
accepted by external medical institutions due to not having a contract concluded with CHIF,
which results in the obligation of all prisoners to have their own elected physicians. This is a
source of constant dissatisfaction because those physicians generally never get to even see the
prisoners. In situations where penal institutions do not have their own “in-house” physician,
but rather have service contracts concluded with family practitioners, such difficulties are
avoided because prisoners can schedule examinations directly with them, and those
practitioners can issue prescriptions and referral slips. All this being considered, it is necessary
for the Ministry of Justice and CHIF to conclude a contract that would also enable prison
physicians to issue referral slips and prescriptions, and for this to be done as soon as possible.
As of 2014, all prisoners with permanent residence and foreign prisoners with approved
permanent address have the status of an insured person covered by health insurance, while
the costs of healthcare for other prisoners are borne by the penal institutions.
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