Report on the Performance of Activities of the National Preventive Mechanism for 2017
Since the adoption of a new EPSA was prescribed in the Annual Normative Activities Plan for 2015, 2016
and 2017, formation of a special working group entrusted with drafting the legal text including the
representatives of our Office was regarded as a positive step. On the other hand, although the working
group created a complete draft between April and September 2017, its members have not met since.
Regardless of our efforts, we have failed to obtain information regarding the status of preparation of a
new EPSA, but the fact that it has not been included in the Annual Normative Activities Plan for 2018
does not sound very promising. Also, we took part in the preparation of the Action Plan for the
Development of the Prison System in the Republic of Croatia but we did not get any information
regarding its adoption.
We evaluate our cooperation with the COPSPD in 2017 as good, but there is still room for improvement.
Better cooperation would result in better respect for the rights of persons deprived of liberty and
prevention of torture and other acts of cruel, inhuman, or degrading treatment. Although some positive
changes in some penal institutions have been registered, none of the seven recommendations from
our 2016 Report have been implemented in the whole prison system, which is why we repeat them in
this year’s Report.
1.2.
THE POLICE SYSTEM
1.2.1. Protection of citizens’ rights, including persons deprived of liberty in police
treatment
Complaints to the Ombudswoman
In 2017, the Ombudswoman acted in 148 cases regarding police treatment on the basis of citizens’
complaints and on her own initiative. Just as in previous years, a significant number of complaints
addressed overstepping of authority in procedures involving the use of force and resulting in
deprivation of liberty and infliction of injuries.
In accordance with the ECHR case law, any injury sustained in detention or confinement, gives rise to
suspicions about police violence, even abuse. In such cases, efficient investigation should be carried out
ex officio in order to prove that police officers have not overstepped their authority, regardless of the
fact whether criminal charges were brought. However, it was not initiated in cases in which the
competent state attorney’s office had insights into alleged police violence, and it acted only after the
aggrieved party brought criminal charges. For instance, during the questioning, a detainee reported a
case of police violence to the state attorney’s office. This report did not lead to a prompt reaction,
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