examine the facilities where persons deprived of
their liberty are kept;
- to have free access to all information concerning
the places and institutions where persons deprived
of their liberty are kept;
- to have free access to all information concerning
the number of persons deprived of their liberty in the
visited places or institutions;
- to have free access to all information concerning
the treatment of persons deprived of their liberty in
accordance with the law;
- to have private interviews with persons deprived of
their liberty by choice and without the presence of
the officials of the visited place or institution of
detention;
- to talk to other persons who may provide relevant
information regarding the suspected violation of
human rights by the treatment given in the place or
institution visited.
Article 6
The People’s Ombudsperson shall prescribe the
appointment procedure and the work of the
representatives of associations registered for the
performance of the activities in the field of human
rights, the representatives of the academic
community, or experts referred to in Article 2,
paragraphs 1 and 3 of this Act.
Article 7
Persons participating in the activities carried out by
the National Preventive Mechanism are bound to
keep secret all personal data on the persons deprived
of their liberty which they acquire in the
performance of their work.
Article 8
(1) Minutes shall be taken of the visit referred to in
Article 3, paragraph 1, indent 1 of this Act and
signed by all the persons who have taken part in the
visit.
(2) On the basis of the minutes referred to in
paragraph 1 of this Article, the People's
Ombudsperson shall write a report on each visit and
send it to the visited place or institution, and in the
case of any irregularities detected during the visit,
the report shall also be sent to the body competent
for the supervision of the visited place or institution.
(3) If any forms of torture or other cruel, inhuman or
degrading treatment or punishment are discovered
during the visit, the People’s Ombudsperson shall
warn and give recommendations to the visited place
or institution where the violations have occurred.
Upon such warning or recommendations given by
the People’s Ombudsperson, the body or the
institution where such violation has been
established is bound to take measures within the
deadline specified in the report and inform the
People’s Ombudsperson without delay on such
measures. If the body or the institution fails to take
measures within the deadline given by the People’s
Ombudsperson, or does not follow his
recommendations, the People’s Ombudsperson shall
inform the Croatian Parliament accordingly.
(4) Upon the delivery of the report, the persons
taking part in the activities of the National
Preventive Mechanism are authorised to carry out a
control examination of the place or institution where
the cases of torture and other cruel, inhuman or
degrading treatment or punishment were found.
Article 9
The People’s Ombudsperson shall write and
publicise his or her annual report on the
performance of the activities of the National
Preventive Mechanism and send it to the Croatian
Parliament before 1 July of the current year for the
previous year.
Article 10
The funds for the activities of the National
Preventive Mechanism shall be allocated in the State
budget as a special item within the budget assigned
to the People’s Ombudsperson’s Office.
Article 11
(1) The representatives of associations registered for
the activities in the area of the protection of human
rights and the representatives of the academic
community referred to in Article 2, paragraph 1, as
well as the independent experts referred to in Article
2, paragraph 3 of this Act, are entitled to
corresponding remuneration for the work carried
out by the National Preventive Mechanism.
(2) The amount of remuneration referred to in
paragraph 1 of this Article shall be established by a
separate decision issued by the People’s
Ombudsperson.
Article 12
The People’s Ombudsperson shall issue the
regulation referred to in Article 6 of this Act within
two months from the day of the entry into force of
this Act.
Article 13
This Act shall enter into force on the eighth day
following its publication in the Official Gazette of
the Republic of Croatia.
Class: 004/01/10-01/04
Zagreb, 28 January 2011
CROATIAN PARLIAMENT
President
of the Croatian Parliament
Luka Bebić, m.p.
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