Report on the Performance of Activities of the National Preventive Mechanism for 2015
also pointed out in last year’s report. This type of solution exists in some European countries
for years, and experience from Slovenia shows that the transfer of prisoners’ healthcare to the
public healthcare system resulted in quality improvement, which is evident from a significant
reduction in the number of prisoners’ complaints to the Slovenian ombudsman. In Slovenia, all
prisoners are entitled to both the compulsory and the supplementary health insurance and
their healthcare is provided within the framework of the public healthcare system.
Accommodation conditions
Accommodation conditions in which persons deprived of their liberty serve their sentences are
not the same in all penal institutions as some of them do not comply with the legal standard of
4m2 and 10m3. So, for example, the occupancy rate in Rijeka County Prison on 31 December
2015 was 125.86%, while in Pula County Prison it was 89.76%. The situation where the
minimum legal standards are not respected is unacceptable, especially when taking into
consideration the decisions of the ECHR due to frequent violation of Art. 3 of the European
Convention on Human Rights. Apart from that, the Council of Europe’s Council for Penological
Cooperation and the CPT suggested the implementation of an even better standard of four
persons per dormitory, where one person would be entitled to 6m2, and any subsequent
person to an additional 4m2. The UN Committee Against Torture expressed its concern in 2014
about the conditions in Zagreb County Prison and recommended that the Republic of Croatia
reduce the occupancy rate in all penal institutions, especially in high security ones.
The standards pertaining to serving of meals are still inconsistent, so in some penal institutions
the prisoners are only given a spoon, while in others they also get a fork and a knife. Given that
there have been no security-related problems in the institutions that gave prisoners a full set
of cutlery, this practice should be implemented in all penal institutions.
Special measures for maintenance of order and security
Inconsistency in implementing special measures for maintenance of order and security places
prisoners who serve sentences in different penal institutions in an unequal position. For certain
behaviour, a prisoner would be isolated from other inmates in one penal institution, but if
moved to a different penal institution, for the same behaviour he or she would be sent to the
specially secured room, free of dangerous objects. This situation leaves an impression of
arbitrariness and subjectivity, which is not acceptable as it is in fact a limitation of rights.
Absence of clearly defined, uniform rules and treatment criteria can cause mistakes with tragic
consequences, as was the case of the prisoner who set himself on fire in the specially secured
room free of dangerous objects in Pula County Prison, at which occasion the judicial police
officers committed several mistakes prior to and during the enforcement of the measure.
This inconsistency primarily results from faulty provisions of the EPSA, which are full of
ambiguousness and illogicality, as we have already pointed out in previous reports. For
example, the EPSA prescribes four types of separation of prisoners from joint serving of prison
sentence, of which isolation from other inmates, solitary confinement as a special measure and
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