Report on the Performance of Activities of the National Preventive Mechanism for 2017
Prisoners’ work is evaluated and as such plays an important role in adopting a decision about benefits.
That is why it is extremely important to make a decision regarding the posting of prisoners at workplace
in line with their health condition, education and knowledge. It is also important to make sure that they
are appropriately fit for jobs assigned to them and monitored by their trainers. That is why prison
directorates were advised, after the visits to the Zagreb, Dubrovnik and Gospić County Prisons and the
Glina State Prison, to consider the option to list all the jobs performed by prisoners within wards and
subwards that include engagement of hired trainers, in order to evaluate their work accordingly.
Some penal institutions (for instance, the Zagreb and Dubrovnik County Prisons) have not carried out
risk assessment, i.e. it is not clear what jobs require an obligatory opinion of the OM (occupational
medicine) specialist as opposed to jobs that call for the opinion of the prison physician only. Other
penal institutions had developed risk assessments. On the other hand, the Glina State Prison failed to
refer prisoners to an examination by an OM specialist due to austerity measures, although they were
performing jobs that required such an examination. Furthermore, although the EPSA states that, when
assigning prisoners to work, a physician’s opinion must be obtained, the Act does not stipulate in detail
the content thereof, so if, in order to assign prisoners to workplace, it is necessary to obtain the opinion
of the official physician of a penal institution, COPSPD should, in collaboration with the Ministry of
Health, develop guidelines as a basis for formulation of such opinions.
Apart from the Dubrovnik County Prison, none of the penal institutions allow work engagements for all
prisoners who want to work. For that reason, prisoners who are eager to work should thus be assigned
to posts that do not call for any special professional qualifications or health requirements, i.e. the
required number of workers should be engaged to cover all the workplaces envisaged by the abovementioned List.
Vacancies have been registered for certain posts, especially in the catering industry, usually filled by
prisoners from the medium security wards in the Lepoglava State Prison. Given the strict criteria that
prisoners have to meet, they cannot be transferred to medium security wards in sufficient numbers, so
those assigned work in the catering industry work overtime as defined in accordance with general
regulations.
None of the penal institutions keep records on the number of prisoners engaged to work in accordance
with the decision on work assignments. These records, particularly in case of large numbers of prisoners
deployed, would allow for transparency regarding available vacancies, monitoring of prisoners’ work
assignments and compliance in terms of the number of workers with the List.
In 2017, on average, 1,148 prisoners were assigned to work each month, of which 1,060 full time, whereas
88 of them worked overtime. In line with the contracts concluded between penal institutions and
employers, no more than 112 persons were assigned to work, as opposed to 879 of non-engaged
prisoners, who had not been provided with job opportunities, although they had said they wanted to
work. New forms of work assignments covering more prisoners should be considered by taking into
account all the elements listed above, in particular, the structure of prisoners in terms of their
qualifications, work capability, criminological characteristics, length of sentence, possibility to refer them
to certain types of imprisonment and availability of jobs.
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