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ANNUAL REPORT ON THE PERFORMANCE OF ACTIVITIES OF THE NPM
N PM
some cases, as inhuman or degrading, constituting a violation of fundamental human rights
guaranteed by the Constitution of the Republic of Croatia and numerous international
documents. Therefore, it is necessary, regardless of the previously mentioned organisationally
aggravating factors, to make permanent and systematic efforts to eradicate torture and other
cruel, inhuman or degrading treatment or punishment and to ensure respect for human rights
of persons deprived of their liberty.
We are of the opinion that it is necessary to make further efforts to prevent violations of the
rights of persons deprived of their liberty and to upgrade protection against torture and other
cruel, inhuman or degrading treatment or punishment. In this regard, we particularly
emphasise several measures and activities within the authority of relevant ministries.
I. Measures and activities under the authority of the Ministry of
Justice
a) Activities following the Ombudswoman’s requests and recommendations
contained in the reports on visits
Unfortunately, the current cooperation between the Ombudswoman and the Ministry of
Justice and the Central Office of Prison Administration in carrying out NPM work is not
satisfactory. As we have already stated, despite the rush notes, we have not been informed
about the taken measures upon our recommendations and have not received any data
necessary for drawing up our report. In such a way, the Ministry of Justice has not only
failed to observe the ANPM and OPCAT but it has also jeopardised the purpose for which the
NPM was established. Moreover, in the situation where the Ministry of Justice ignores the
Ombudswoman’s requests, it is justified to question the appropriateness of visits. Namely,
the purpose of the visits is to highlight irregularities and give recommendations to
eliminate violations. If the Ministry ignores the report, a visit becomes an end in itself,
which is absolutely wrong. Such a lack of cooperation is even more surprising taking into
consideration that until 2012 the Ombudsman, as a rule, assessed cooperation with the
Central Office as very successful.
b) Reduction of overcrowding in the prison system
It is necessary to continue taking measures and conducting activities directed at reducing
overcrowding, by building new establishments and ensuring the conditions for enforcing
alternative sanctions, or harmonising the Enforcement of Prison Sentences Act with the
Criminal Code.
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