PP
ANNUAL REPORT ON THE PERFORMANCE OF ACTIVITIES OF THE NPM
N PM
movement within a very small area. There is no sanitary facility in these premises and no
natural light. Artificial light is on throughout the application of the measure, regardless of
the time of day or night and this makes orientation in terms of time and sleeping even more
difficult and may even have a negative impact on the inmates’ mental health. The
ventilation is regulated by a judicial police officer and it is satisfactory. However, there have
been complaints that the room is sometimes additionally heated or cooled but it was
impossible to check such complaints on the spot. The rooms are equipped with bells so that
persons deprived of their liberty, if necessary, may call a judicial police officer.
Upon inspection, and taking into consideration the seriousness of the established situation
which might have suggested inhuman treatment, the NPM members gave verbal
recommendations for urgent changes regarding the application of the measure of
placement in a room without dangerous objects and the cumulative application of tying in
all situations. In addition, it was not clear if the measure was applied for security or health
reasons and whether it had a punitive or preventive character. It was particularly
questionable if this measure could be applied to persons who threatened to commit suicide,
which was particularly brought to the attention of the prison management.
The established situation clearly pointed to the necessity of prescribing the purpose, the
method of application, the reasons, as well as the duration and the time limit in which the
measure could be re-imposed.
Having taken into consideration the facts established during the visit, and the allegations
from the previously received complaints, the Ombudswoman, in order to be able to develop
a report on the visit, asked the Central Office of Prison Administration (hereinafter referred
to as: Central Office), to provide additional data. In addition, because of the seriousness of
the established situation, inspection supervision of the application of this measure was
requested. However, despite three rush notes having been sent to the Ministry of Justice, as
of June 2013, the Ombudswoman did not receive the requested data for the development of
a report, and, therefore, no report with recommendations on the visit to Zagreb Prison was
made.
Visit to Osijek Prison
Due to the fact that during the summer of 2011 an inmate died in Osijek Prison (according
to the media, the reason was his deteriorated health as a result of bad accommodation
conditions), the purpose of the visit was to examine these conditions during the summer
months. Although in July 2012 the temperature in Osijek rose to about 40º C, on the day of
the visit (23 July 2012), it was 24º C, so that it was not possible to determine directly the
accommodation conditions on extremely hot days.
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