PP N PM ANNUAL REPORT ON THE PERFORMANCE OF ACTIVITIES OF THE NPM Prison. In this concrete case, the Court held that a limited space can be compensated for, among other things, by freedom of movement (§ 59). Apart from overcrowding, accommodation conditions are largely determined by the lack of financial means due to which the prison system, like all other establishments under the authority of other ministries where persons deprived of their liberty are placed, are not in a position to fully adjust their accommodation conditions with international standards. According to the information from the media, the lack of funds explains why all activities connected with the building of a new penitentiary in Šibenik have been suspended. Despite the Constitutional Court Decision U-III/4182/2008 of 17 March 2009, by which the Government was ordered to adjust the capacities of Zagreb Prison to the needs for accommodation within a reasonable time of no longer than five years (in conformity with the standards of the Council of Europe and the case law of the European Court of Human Rights), the works have not even begun because funds were lacking. In addition, the accommodation conditions in custody units of some police stations are not even suitable for the short-term accommodation of persons deprived of liberty. In such situations, according to the information received from the Ministry of the Interior, efforts are being made to organise detention units within other facilities where better conditions can be offered to persons deprived of their liberty. These are, of course, only temporary solutions which are assessed as positive but not sufficient, particularly if we take into consideration the fact that arrested and apprehended persons who stay longer than those only temporarily detained are often placed in these facilities. However, insufficient funds are not and cannot be a justification for not eliminating the conditions which constitute torture and other cruel, inhuman or degrading treatment or punishment. 2. The quality of health protection and shortage of health care workers The quality of healthcare provision most frequently depends on organisational problems, the biggest one being the shortage of healthcare workers employed within the system of justice. Because of the insufficient numbers of healthcare workers, persons deprived of their liberty often wait longer for check-ups or operations than is medically indicated. There is no doubt that such a situation is negatively reflected in the quality of healthcare provision. It must be borne in mind that the European Court of Human Rights, in several cases against the Republic of Croatia, found a violation of Article 3 of the European Convention on the Protection of Human Rights and Fundamental Freedoms precisely because of the quality of healthcare offered to persons deprived of their liberty. In addition, it must be emphasised that no systematic medical inspection supervision has been carried out in the prison system, which the Ombudsman pointed to in his annual reports, and he also warned on the Decision of the Constitutional Court (case no. U-III/64744/2009 of 2010) by which the Government of the Republic of Croatia was ordered, among other things, to establish and carry out efficient supervision of the quality of health protection in 30