PP N PM ANNUAL REPORT ON THE PERFORMANCE OF ACTIVITIES OF THE NPM a) Visits to establishments under the authority of the Ministry of Justice Visit to Zagreb Prison The NPM visited Zagreb Prison, Osijek Prison and the Prison Hospital. The visits were targeted, and the decisions on the selection of establishments and the purpose of the visits were based on the information collected by the Ombudsman in inspection proceedings conducted upon inmates’ complaints, and information presented in the media. The purpose of visiting Zagreb Prison was to examine the performance of a specific measure of maintaining order and security – pursuant to Article 135, para. 2, point 4 of the Execution of Prison Sentences Act (Official Gazette, nos. 128/99, 55/00, 59/00, 129/00, 59/01, 67/01, 11/02, 190/03 – consolidated text, 76/07, 27/08, 83/09, 18/11, 48/11 – decision of the Constitutional Court of the Republic of Croatia, 125/11 and 56/13, hereinafter referred to as EPSA). Namely, a suspicion arose based on previously collected information on the legality of implementing this measure. In their complaints, the inmates claimed that contrary to Article 136, para. 7 of the EPSA (according to which placement in a room without dangerous objects could last no longer than 48 hours at a single instance), the measure was implemented for a successive period of more than 48 hours. It was established during the visit that the maximum duration of the measure was 48 hours but that it was possible to repeat the measure after an interruption which, in fact, extended its duration. Pursuant to the EPSA, in the course of the implementation of this measure, stronger surveillance is carried out which consists of frequent checks by an on-duty officer through spy-holes and rarely by way of verbal or direct contact. An insight into the prison’s official documentation revealed that in all cases of placement in a room without dangerous objects, stronger surveillance was applied (which is compulsory pursuant to Article 136, para. 7 of the EPSA) with handcuffs and, if necessary, also leg restraints or belts. Furthermore, it was established that in the course of 2011, the measure had been applied two or three times in a row after short interruptions of several minutes or hours) in 10% of the cases. In 2012, in 16% of cases, the measure was applied two or even several times after only short interruptions (of several minutes or hours). In 2011, in as many as 3 cases, the measure was applied 3 times in succession with interruptions shorter than an hour, while in 2012, one such case was established. Although the Register of Special Measures of Maintaining Order and Safety suggested that the most frequent reason for the application of the measure was the danger of attacking others or self-harm, a better insight into the Register showed that the measure had also been applied because of passive resistance. In Zagreb Prison, three rooms are designated for the application of this measure with a surface area of about 8m2, completely covered with mats. Because of the video surveillance of inmates, they permanently stay in the other part of the room which limits their 14