Report on the Performance of Activities of the National Preventive Mechanism for 2015
work in two shifts only on work days, so on weekends and on holidays, the judicial police officers
dispense the medications.
In most penal institutions that we visited in 2015 the judicial
The presence of a person
police officer is as a rule present at the infirmary during the
other than a healthcare
physical examination (except in Glina State Prison) but during
provider during medical
psychiatric examinations this occurs in a small number of cases.
examinations, except for
The presence of a person other than a healthcare provider
security reasons, is a
during medical examinations, except for security reasons, is a
violation of the prisoner’s
violation of the prisoner’s right to privacy, which is something
right to privacy, and
we have already written about in previous reports. Deprivation
deprivation of liberty does
of liberty does not represent an automatic deprivation of the
not represent an automatic
patient’s right to privacy. There is much resistance from judicial
deprivation of the patient’s
police officers to changes of such practice, as well from the
right to privacy.
physicians who report that they were introduced to such
practice upon their arrival and accepted it by inertia. In situations where they insist on the
presence of judicial police officers, certain technical adjustments need to be implemented, for
example, the arrangement of furniture in the room or installing a Plexiglas opening on the front
door. That way the judicial police officer would be allowed visual supervision of the room, while
at the same time privacy of the patient would be preserved.
There are different ways of submitting requests for medical examinations, and the need for
urgent examination is directly notified to judicial police officers who are on duty. In some penal
institutions there are special boxes installed, the keys to which are only in possession of
healthcare providers, for example in county prisons in Split, Rijeka, Gospić and Osijek and in
Šibenik State and County Prison, while in other penal institutions the requests are directly
handed over to nurses during the dispensing of medications, for example in Lepoglava and Glina
State Prisons. In Zagreb County Prison the requests for medical examinations are still handed
over to judicial police officers, but they no longer indicate the reasons for requesting the
examination.
Penal institutions generally do not keep records that would show when the prisoner submitted
the request for medical examination or when he/she underwent the examination. Lepoglava
State Prison has organized such a system, but the records are not kept regularly and it was not
possible to verify when the requested examinations were carried out without looking at the
prisoners’ medical records. A prisoner was selected at random, and with his consent, his
medical records were examined and it was found that he requested an examination on 14
occasions between mid-February to mid-June 2015, but that he never underwent an
examination. Although healthcare providers report that his condition is under control, it is not
acceptable for a prisoner to unsuccessfully apply for a medical examination for so long. All
prisoners who apply for medical examination have to undergo such examination within a
reasonable time, with taking due consideration of their conditions, and with regular keeping of
records on performed examinations.
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