PP
N PM
ANNUAL REPORT ON THE PERFORMANCE OF ACTIVITIES OF THE NPM
the measures are applied (e.g. in the prison hospital, as an outpatient service during
imprisonment, in a civil health centre, or the like). The need for detailed standardisation of
the application of security measures arises from a decision of the European Court of Human
Rights in the case Tomasic et al. v. Croatia (Application no. 46598/06 of 15 January 2009).
In this concrete case, the Court held that those regulations were of a very general nature
and that they did not solve the problem of the measure of obligatory psychiatric treatment
in a proper manner. The Court also emphasised the need for further standardisation aimed
at realising the purpose of criminal law sanctions (§ 57).
In addition, it must be noted that the process of harmonisation of regulations 2 containing
criminal and other provisions relevant for the implementation of the Criminal Code with
the Criminal Code itself (which entered into force in January 2013) has still not been
completed. For example, because of the lack of harmonisation of the provisions of the
Enforcement of Prison Sentences Act with the Criminal Code, the enforcement of a prison
sentence shorter than a year is not possible in correctional institutions. In such a way,
persons deprived of their liberty are not only prevented from serving their prisons
sentences in conformity with the Criminal Code, but the overcrowding of prisons is also not
relieved. In addition, the adjustment of the provisions of the Criminal Procedure Act with
the Constitutional Court decision (Decisions U-I-448/2009, U-I-602/2009, U-I1710/2009, U-I-18153/2009, U-I-5813/2010 and U-I-2871/2011) is still underway. In its
Decision, the Constitutional Court, in July 2012, partly abolished the Criminal Procedure
Act because it violated many constitutional provisions and values, as well as the provisions
of the European Convention for the Protection of Human Rights and Fundamental
Freedoms relating to the treatment of persons deprived of their liberty. Although the time
limit for the adjustment has not yet elapsed, it is necessary, in order to eliminate these
deficiencies, to fulfil a series of positive obligations arising from the aforementioned
Decision.
4. Treatment of persons deprived of their liberty
Despite the fact that in the course of the visits, no treatment was discovered that would
suggest the most severe form of violation of the rights of persons deprived of their liberty –
torture – and that the European Court of Human Rights has not in a single case against the
Republic of Croatia established the gravest violation of Article 3 of the European Convention
for the Protection of Human Rights and Fundamental Freedoms, there is no doubt that it is
possible to assess the treatment of persons deprived of their liberty, or their punishment in
2
Pursuant to Article 382 of the Criminal Code (CC), the Government of the Republic of Croatia must initiate a
procedure of harmonisation with the provisions of the CC, the corresponding provisions of the Criminal Procedure
Act, the Act on the Liability of Legal Entities for Criminal Offences, the Juvenile Courts Act, the Act on the Protection
of Persons with Mental Disorders, the Enforcement of Prison Sentences Act, the Probation Act, as well as other acts
which contain criminal and other provisions relevant for their application.
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