CROATIAN PARLIAMENT
Pursuant to Article 89 of the Constitution of the
Republic of Croatia, I hereby issue the
DECISION
PROMULGATING THE ACT ON NATIONAL
PREVENTIVE MECHANISM AGAINST
TORTURE AND OTHER CRUEL, INHUMAN
OR DEGRADING TREATMENT OR
PUNISHMENT
I hereby promulgate the Act on National Preventive
Mechanism Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
passed by the Croatian Parliament at its session on
28 January 2011.
Class: 011-01/11-01/5
No.: 71-05-03/1-11-2
Zagreb, 2 February 2011
The President of the Republic of Croatia
Prof. Ivo Josipović, D.Sc., m.p.
THE ACT
ON NATIONAL PREVENTIVE MECHANISM
AGAINST TORTURE AND OTHER CRUEL,
INHUMAN OR DEGRADING TREATMENT
OR PUNISHMENT
Article 1
This Act provides for the establishment of a body
competent for the activities of national preventive
mechanism against torture and other cruel,
inhuman or degrading treatment or punishment
(hereinafter: National Preventive Mechanism) in
accordance with the Optional Protocol to the
Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment of Punishment
(Official Gazette – International Agreements, No.
2/05) (hereinafter: Optional Protocol).
(3) In carrying out the activities of the National
Preventive Mechanism, the People's Ombuds-person
shall, where necessary, also include other
independent experts in compliance with Article 18,
paragraph 2 of the Optional Protocol.
Article 3
(1) The activities of the National Preventive
Mechanism are the following:
- regular visits to places where persons are or may be
deprived of their liberty, aimed at strengthening the
protection of these persons against torture and other
cruel, inhuman or degrading treatment or
punishment;
- giving recommendations to competent
government bodies and institutions aimed at
enhancing the treatment of persons deprived of their
liberty and upgrading the conditions in which they
live, with a view to preventing torture and other
cruel, inhuman or degrading treatment or
punishment;
- making proposals and observations concerning the
existing laws and regulations or their drafts with a
view to enhancing the protection of persons
deprived of their liberty against torture and other
cruel, inhuman or degrading treatment or
punishment;
- cooperation with the United Nations Subcommittee on Prevention of Torture and Other
Cruel, Inhuman or Degrading Treatment or
Punishment of the Committee against Torture
(hereinafter: Subcommittee on Prevention of
Torture), sending information and meeting with the
Subcommittee on Prevention of Torture.
(2) For the purposes of this Act, persons deprived of
their liberty are those who have been ordered into
any form of detention or imprisonment or
placement in a public custodial setting which they
are not permitted to leave at will.
Article 2
(1) The activities of the National Preventive
Mechanism shall be carried out by the People's
Ombudsperson. In the performance of the activities
of the National Preventive Mechanism, beside the
People's Ombudsperson, two representatives of
associations registered for the performance of
activities in the area of the protection of human
rights and two representatives from the academic
community shall also take part.
Article 4
In the performance of the activities referred to in
Article 3, paragraph 1, indent 1 of this Act, beside
the People's Ombudsperson or an authorised person
from the People's Ombudsperson's Office, the
participation of at least one representative from
associations registered for the performance of
activities in the area of the protection of human
rights, or a representative of the academic
community referred to in Article 2, paragraph 1 of
this Act, is required.
(2) The representatives referred to in paragraph 1 of
this Article are appointed by the People's
Ombudsperson on the proposal of associations
registered for the performance of activities in the
area of human rights and higher education
institutions on the basis of a public invitation.
Article 5
The persons taking part in the performance of the
activities of the National Preventive Mechanism
shall have the following powers:
- to pay announced visits to places or institutions and
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