Report on the Performance of Activities of the National Preventive Mechanism for 2015
such measures are further limitations of prisoners’ rights, this is certainly a positive thing, but
nevertheless, the shortcomings and inconsistencies that have been found have to be remedied
as soon as possible.
Most inconsistencies were found in the implementation of the measure of isolation from other
inmates. While in some penal institutions this measure is implemented by putting inmates in a
single room for a period of 30 days as a rule, in others it is implemented in a section of the
corridor separated by bars, where the inmate gets a mattress brought in if the measure lasts
overnight. This is the case, for example, in Osijek County Prison. Such treatment is contrary to
international standards and it can be considered degrading treatment. There are further
inconsistencies also in the giving of orders to implement this measure, so in some penal
institutions there is no written decision on isolation, in some an order is issued for
implementation of the measure, while in others a
There are great differences in the
written decision is made, although this is not
frequency of ordering the measure of
prescribed by the EPSA. In addition to that, in
isolation from other inmates, which
Lepoglava State Prison and in Šibenik State and
indicates that there are inconsistent
County Prison, the written decision also contains an
criteria for its implementation. For
instruction on legal remedy, which is certainly an
example, in Osijek County Prison,
example of good practice. There are great
which has a capacity of 110 persons, in
differences in the frequency of ordering this
2014 there were 44 orders for
measure to be implemented, which indicates that
isolation, while in Zagreb County
there are inconsistent criteria for its
Prison, which has a capacity of 626
implementation. For example, in Osijek County
persons, this measure was not
Prison, which has a capacity of 110 persons, in 2014
implemented at all.
there were 44 orders for isolation, while in Zagreb
County Prison, which has a capacity of 626 persons, this measure was not implemented at all.
In several cases, prisoners were separated from the group method of execution of prison
sentence for security reasons, although they were not formally the subjects of any particular
or disciplinary measure. Such regimen of serving of prison sentence, which sometimes lasts for
several months, is implemented by county and state prisons pursuant to the instruction of
COPSD. It is undisputed that in some cases the prisoner has to be isolated from group execution
of prison sentence, but this has to be decided upon in a legally regulated procedure.
Although the measure of accommodation in a specially secured room, free of dangerous
objects is ordered very rarely (it was only ordered on 19 occasions in 2015 in the entire prison
system), it requires special attention, both due to the empty, sponge-lined room without
daylight in which it is implemented and due to the fact that it is often ordered as a result of the
prisoner’s pronounced mental disorders. The basic problem definitely comes from incomplete
and unclear regulations, which is something we have already written about in our previous
reports. For example, it is regulated that this measure can last up to 48 hours on a single
occasion, but it is not regulated how long the time interval should be between two instances
of implementation of this measure, as is the case with execution of disciplinary measure of
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