Report on the Performance of Activities of the National Preventive Mechanism for 2016
Adoption of new EPSA is certainly one of the preconditions for strengthening protection of
prisoners’ fundamental human rights and freedoms and for harmonising treatment in the
prison system. However, just like Annual Normative Activities Plan for 2015 and 2016 foresaw
its adoption, the latter is also foreseen by Annual Normative Activities Plan for 2017. What is
more, according to information available, drafting of the act has not yet begun, which,
considering complexity of the subject, is not promising. On the other hand, in their part
pertaining to execution of remand imprisonment, amendments to the Criminal Procedure Act
that are under way, foresee certain positive changes, especially with regard to the right of
prisoners on remand to file a complaint – without limitation or content supervision – to
Ombudsman as well as when it comes to competent judge’s acting upon complaints filed by
prisoners on remand, which he or she must respond to in writing within 30 days. In spite of
recommendation that CAT addressed to the Republic of Croatia in 2014, amendments do not
cover part of Article 108.a, stipulating that every arrested person, among other rights, has the
right to emergency medical assistance. Given that besides emergency medical assistance, an
arrested person has the right to request examination by an independent physician, which is
one of the fundamental guarantees for preventing torture and inhuman treatment, this should
certainly be taken into account.
2. POLICE SYSTEM
2.1. Protection of citizens’ rights, including persons deprived of their liberty, in
treatment by the police
Complaints made to Ombudswoman
I will be punished for the offence I have committed, I am aware of that and I don’t have any
problems with that. However, I would like to inform the public about the manner in which police
officers treated me and I would like to know whether they will be held responsible for what they
had done to me.
In 2016, Ombudswoman initiated 203 investigative procedures regarding police treatment and
unprofessional and unethical behaviour of officers towards citizens. Apart from acting upon
filed complaints, some investigative procedures were brought on our own initiative.
Large number of complaints pertained to misuse of powers within procedures that imply use
of physical force and result in deprivation of one’s liberty. Pursuant to CPT recommendations,
means of coercion should be used exclusively in proportion and when necessary, for persons
acting in a violent and/or agitated manner, to be brought under control; however, this year we
received complaints pertaining to misuse of such powers. In one case, complainant claimed
24
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents