Report on the Performance of Activities of the National Preventive Mechanism for 2016
Allegations made by prisoners that they have been beaten up, are insufficiently investigated
even when medical documentation exists, which is unacceptable given that such cases possibly
represent violation of Articles 23 and 25 of the Constitution of the Republic of Croatia, of Article
3 of ECHR and Articles 1 and 4 of the Charter
Allegations made by prisoners that they have
of Fundamental Rights of the EU. In addition,
been beaten up are insufficiently investigated
prison system has still not created an
even when medical documentation exists,
atmosphere in which reporting unlawful
which is unacceptable given that such cases
conduct or misuse of powers, would be a
possibly represent violation of Articles 23 and
common practice. European Committee for
25 of the Constitution of the Republic of
the Prevention of Torture and Inhuman or
Croatia, of Article 3 of ECHR and Articles 1
Degrading Treatment (CPT) Standards from
and 4 of the Charter of Fundamental Rights
2015, emphasize that it necessary to clearly
of the EU.
understand that responsibility for unlawful
conduct is attributed not only to
perpetrators, but also to those who were aware or should have been aware of such conduct
and who failed to prevent or report it. Moreover, physicians employed by penal institutions are
almost completely uninformed of their exceptionally important role when it comes to
protecting human rights of persons deprived of their liberty, pursuant to international
standards such as Istanbul Protocol (Manual on Effective Investigation and Documentation of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment).
In November 2016, in two largest penal institutions – Lepoglava State Prison and Zagreb County
Prison – we carried out an anonymous survey of prison officials, regarding their knowledge of
UN revised Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules). Although
this being one of the most important international
As much as 81 % of surveyed
documents from this field, data obtained through the
officials in Zagreb County Prison
survey were devastating, given that as much as 81% of
and 71% in Lepoglava State
respondents in Zagreb County Prison and 71% in
Prison, claimed that they were
Lepoglava State Prison, reported that they were
unfamiliar with Mandela Rules.
unfamiliar with the document. Since treatment of
prisoners depends directly upon the level of knowledge of their rights, it is necessary to
organize intensive and systematic trainings of officials and to translate and make available all
international standards pertaining to treatment of persons deprived of their liberty.
Even though according to the Report on the State and Functioning of State Prisons, County
Prisons and Reformatories from December 2016, the number of judicial police officials is
satisfactory, the data collected during our visit shows the opposite. The noticed lack of judicial
police officers directly affects not only treatment of prisoners and exercise of their rights, but
also security of penal institutions. In 2016, this problem was also pointed to by Croatian Judicial
Police Trade Union, emphasizing that reduced number of officials is dangerous and may
represent a threat to general security.
23
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents