Report on the Performance of Activities of the National Preventive Mechanism for 2016
A problem that still remains unresolved is irregular medical supervision of prisoners who are
subject to special measures or to the disciplinary measure of solitary confinement, which is
prescribed by EPSA. For example, in Pula County Prison, it is common practice that physicians
do not perform daily check-ups of prisoners
whose security or health are not at risk and who
Lack of medical supervision may call
do not oppose the imposition of solitary into question the legality of execution of
confinement measure. In addition, it is not
certain special measures, such as
always possible to organize medical check-ups on
placement in a specially secured room,
weekends either and, contrary to the provisions
free of dangerous objects, restraining
of EPSA, results and physician’s observations are
and disciplinary measure of solitary
not recorded in the book on the execution of
confinement.
disciplinary measure of solitary confinement.
During our visit to Glina State Prison, difficulties have been noticed when it comes to obtaining
physician’s consent to implement the measure of placement in a specially secured room, free
of dangerous objects, which head of the prison must obtain within six hours from the beginning
of measure execution. Community Health Centre in Glina, which was responsible for granting
such consent in cases where measure was ordered to be imposed during the night or on
weekends, has ceased to perform such medical check-ups because they do not represent
emergency cases. As a result, State Prison officials had to escort prisoners against whom the
measure was pronounced, to the Prison Hospital, which may represent a security risk, because
those prisoners are often in a very poor mental state. Even though, according to COPSD, in the
meantime this problem has been resolved, it is important to notice that lack of medical
supervision may call into question the legality of execution of certain special measures, such as
placement in a specially secured room, free of dangerous objects, restraining and disciplinary
measure of solitary confinement.
Legal protection
Despite the fact that during our visit, we noticed certain positive changes, effectiveness of legal
protection is still insufficient. For example, Rijeka County Prison has installed a complaints post
box, but, according to information collected during our visit, not a single complaint has been
filed. This would not be at all surprising, had the majority of prisoners not complained about
accommodation conditions and treatment by the prison staff during NPM visit. The situation is
almost the same In Pula County Prison, where according to data collected by COPSD, in 2016,
not a single complaint was filed.
During our visit to Glina State Prison, it was established that the head of the prison regularly
responds to complaints, even those submitted anonymously, in which case the response is
posted on the notice board, which is certainly an example of good practice. In some penal
institutions, for example in Pula County Prison, no records of complaints are being kept, making
it impossible to determine the frequency and the reasons for which prisoners complain, nor
whether complaints have been responded to within the legally determined time limit.
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