Report on the Performance of Activities of the National Preventive Mechanism for 2017
of the Criminal Procedure Act should be amended in order to prescribe different types and measures
of punishment, as well as the procedure in terms of execution thereof.
Judicial protection
According to records of the COPSPD, in 2017, the number of complaints filed to the heads of prisons
grew by 7%. At the same time, the Lepoglava State Prison accounted for the 68% of all the complaints.
Although some positive trends have been observed during our visits to penal institutions, especially
when it came to records keeping, persons deprived of liberty are still dissatisfied given the insufficient
effectiveness of legal remedies. Mostly, they complain of the way complaints are handled – mostly
superficially and in an incomplete manner, without providing the facts that the decision on their
justification is based on.
They are dissatisfied with executing judges’ behaviour and state that proceedings launched on the basis
of their requests for judicial protection were too lengthy and that decisions are issued on the basis of
penal institutions’ reports only. According to records of the COPSPD, in 2017, only 36 requests for
judicial protection were assessed as justified due to a breach of right to accommodation in line with
human dignity and health standards. Judicial protection was granted to prisoners serving their sentence
Although some positive trends have been
observed during our visits of penal
institutions, especially when it came to
records keeping, persons deprived of liberty
are still dissatisfied given the insufficient
effectiveness of legal remedies.
at the Lepoglava State Prison only, and not a single
request put forward by prisoners from other penal
institutions was assessed as justified.
Prisoners’ allegations that, despite the obligations
from the EPSA, executing judges did not visit them
at least once a year, are backed by the records of
the COPSPD confirming that the executing judges did not at all visit four penal institutions, including
the Zagreb County Prison in 2017. Also, prisoners on remand complain about irregular visits of the
relevant judge. For example, the relevant County Court judge visited the Dubrovnik County Prison on
four occasions in 2017, although he was obliged to visit prisoners on remand at least once a week.
Since, in accordance with the Criminal Procedure Act, judges are obliged to apply measures to correct
irregularities observed during prison visits, we have notified the Ministry of Justice about this problem
and its potential negative effects on respect of rights of prisoners on remand.
Prisoners’ work
In accordance with the EPSA, the right to prisoners’ work is considered to be a positive element in
serving a prison sentence and may not be used for purposes of imposing additional punishments.
Prisoners can chose the type of work within the framework of jobs offered in line with their professional
background and options available within the prison. Work represents an important element of individual
programmes of execution of prison sentence and, as such, it is available to prisoners depending on
their health conditions and knowledge, provided that they pass a test on legislation regarding
occupational health and safety. In accordance with the EPSA and the Ordinance on Work and
Professional Training, List and Job Descriptions of Prisoners and Compensation for Work and Awards,
a special List and Job Description for Prisoners is being prepared. It includes the details regarding the
necessary time for training, coefficient of job complexity and number of persons engaged in work.
16
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