Report on the Performance of Activities of the National Preventive Mechanism for 2016
Responses to complaints still provide superficial explanations, thus it is impossible to discern
the facts on the basis of which it is decided whether complaints are well-founded or not. For
example, during our visit to Glina State Prison, it was established that a prisoner wrote a
statement according to which he was beaten by judicial police officers in Prison Hospital, who
then ordered the other prisoners to “set him straight”, after which he suffered yet another
attack in the room. Medical examination following his return from Prison Hospital revealed
scratches on the temple region of the head, behind the ear and on the upper lip. His statement
and medical history were forwarded to Prison Hospital, which provided a one-sentence reply,
stating they had found no elements that would prove that the prisoner had been treated
illegally, or that means of coercion had been used, or that he had suffered any form of threat,
mental or physical abuse. Such conduct on the part of competent bodies did not allow for
prisoner’s allegations to be sufficiently and adequately examined.
Pursuant to Criminal Procedure Act (CPA), one of the
forms of protecting the rights of prisoners on
remand arises from the obligation of either President
of the Court or a judge appointed by the former, to
at least once a week visit prisoners on remand and
take necessary measures in order to eliminate any
irregularities. However, during our visit to Rijeka
Prison, following insight into Records on Judicial
Control, it was established that the last time the competent judge performed supervision of
the execution of remand imprisonment was in June 2011, which is unacceptable. On the other
hand, most prisoners on remand detained in prisons regularly visited by the competent judge,
claim that judicial control is only formal, that judges ask if everything is fine while standing in
the corridor and never enter their rooms unaccompanied by a judicial police officer, in order to
hear their complaints.
During our visit to Rijeka Prison,
following insight into Records on
Judicial Control, it was established
that the last time the competent
judge performed supervision of the
execution of remand imprisonment
was in June 2011.
Failure to decide upon appeal against the decision on pronounced disciplinary measure within
the legal deadline of 48 hours, is still common practice, which is something that we mentioned
in the last-year report.
Contacts of prisoners on remand with the outside world
“I am single and have nobody, but I feel sorry for inmates who see their wives for only 15
minutes. Afterwards, they become nervous.”
In four prisons, those in Varaždin, Zagreb, Pula and Rijeka, an anonymous survey of 113 male
and seven female prisoners on remand was conducted, regarding the manner in which visits
are organized. In their opinion, persons serving prison sentence have more rights than they do,
which is something that surprises them, because given the presumption of innocence, the
situation should be the opposite. 18% of the surveyed prisoners receive no visits at all – some
because they have nobody, some because their parents are sick and old, some have families
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