Report on the Performance of Activities of the National Preventive Mechanism for 2016
around 20. According to available information, even though funds had been available already
in 2016, the construction could not have started given that it took one year for project
documentation to be drafted, whereas now, building permit is waiting to be issued.
Persons with mental disorders who do not have
Certain persons with mental disorders
supplementary health insurance are still charged
who do not have supplementary health
a participation fee during involuntary
insurance are still being charged a
hospitalization in psychiatric institutions, unless
participation fee during involuntary
their diagnosis is indicated in the decision of
hospitalization in psychiatric institutions,
Croatian Health Insurance Fund on the list of
which is unacceptable.
diagnoses the treatment for which is completely
covered by compulsory health insurance, which is unacceptable.
We made unannounced visits to the Department for Psychiatry of the Clinical Hospital Centre
Rijeka and Department for Psychiatry of the Pula General Hospital. Moreover, after receiving a
request for help because of difficulties experienced during work performance caused by
unacceptable workplace conditions, we made targeted visits to the Psychiatric Hospital for
Children and Youth as well as Department for Child and Adolescent Psychiatry of the Clinical
Hospital Centre Osijek. Following completion of our visits, even though no conduct that could
represent torture was established, there were those that may be classified as degrading and
even inhuman; therefore, 10 warnings and 20 recommendations were issued.
Considering that means of coercion restrict the rights of persons with more serious mental
disorders, in 2016 we devoted more attention to their use. During our visit to Department for
Psychiatry of the Clinical Hospital Centre Rijeka, we found a patient who was cumulatively being
subject to the measures of isolation and restraint, which not only is contrary to the Ordinance
on Types and Manner of Applying Means of Coercion on Persons with Serious Mental Disorders,
but this may also constitute an infringement of Article 3 of ECHR, as was already established by
ECHR Decision in the case M.S. v. Croatia (2015). At the same time, it is necessary to take into
account that the premises used by this Hospital, for implementing the measure of isolation, are
completely inadequate and that it is unacceptable that they are being used for this purpose.
Even though Ordinance on Means of Coercion lays down that a restrained patient should be
placed alone in a room always when this is possible, they are usually restrained in front of other
patients. Thus, during our visit to the Department for Child and Adolescent Psychiatry of the
Clinical Hospital Centre Osijek, we established a case of a child being subject to the measure of
restraint while in an eight-bed hospital room, in front of adult patients, which may represent a
security risk; in addition, being seen by other patients may cause a feeling of low self-esteem
and may represent degrading treatment.
Due to high number of unfilled systematized job positions for nurses / medical technicians,
restraint procedures and measures are not always possible to carry out in accordance with the
Ordinance on Means of Coercion – stipulating that such measures should be carried out by at
least five persons – especially during the night or on weekends, which may result in violation of
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