Report on the Performance of Activities of the National Preventive Mechanism for 2017
entered into records, especially when applying means of coercion, as indicated in our previous reports.
We have warned the COPSPD against irregularities and inconsistencies in terms of collecting
information about implementation of special measures because they were extremely important for
evaluation of treatment of persons deprived of liberty and respect of their rights.
Despite the decrease in the total number of implemented measures, the severest special measure isolation - was implemented in 19 cases, which represents a 73% increase compared to 2016. In the
majority of cases (15 out of 19) it was implemented in the Lepoglava State Prison that, in accordance
with the Framework Measures for Referral and Categorization of Prisoners for Execution of Prison
Sentence, accommodates high risk prisoners and recidivists. Although the EPSA lays down a provision
according to which implementation of a measure shall be suspended if reasons for which it was adopted
no longer apply, isolation is mostly implemented for the maximum period of three months. This shows
that the need for its implementation is not considered frequently enough or in detail. Furthermore,
medical supervision of the isolation measure is still not being carried out in line with the EPSA that
stipulates medical checks of prisoners in isolation twice a week. For instance, during the visit to the
Lepoglava State Prison, we found out that the isolated prisoner had not undergone a medical check
for two months – such a practice is unacceptable bearing in mind potentially detrimental effects on his
mental health. In addition, it is not clear how a head of prison can fulfil his obligation to propose
suspension of the isolation measure to the executing judge on the basis of a medical opinion if prisoners
covered by the measure are not subject to a medical check for two months.
Also, the time span between the incident that brought to implementation of the measure and the
beginning of the implementation is rather problematic. For example, the prisoner in isolation during
the visit to the Lepoglava State Prison said that he had gone into a fight with another prisoner and due
to that incident, isolation measure had been proposed, the implementation of which lasted for a month.
After the implementation had ended, he was referred to the ward under increased security supervision.
One month after the incident had broken out, the State Prison was issued with a decision by the
executing judge requiring isolation, but since no free rooms were available in the relevant ward at the
time, the implementation began two months later. In the meanwhile, a statute of limitation was enacted
for the disciplinary proceedings brought before the prisoner. This brings into question the necessity
and, consequently, lawfulness of this measure. One can get the impression that this was not the case
of a special measure for maintenance of order and security but rather a punishment for disciplinary
breach. The fact that less severe special measures had successfully been implemented between the
incident and the implementation of the measure since he had not posed a threat to order and security,
illustrates this fact.
Inconsistencies in terms of giving orders and implementation of special measures, as indicated in our
previous reports, still represent a problem. For example, unlike the Lepoglava and Glina State Prisons,
the Zadar County Prison does not submit written
decisions on isolation of prisoners. In other penal
institutions, e.g. the Požega State and County Prison,
decisions
are
Inconsistencies
not
prevail
even
formally
when
it
adopted.
comes
to
13
The most severe special measure isolation - was implemented in 19 cases,
which represents a 73% increase
compared to 2016.
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