Report on the Performance of Activities of the National Preventive Mechanism for 2017
II.
CONCLUSION
In 2017, no instances of treatment that might constitute torture have been detected; however, we
have detected those that potentially constitutes inhuman or degrading treatment as well as breach
of constitutional and legal rights of persons deprived of liberty and those with limited freedom of
movement. What is especially worrying is the fact that most of the detected problems have already
been raised before, including normative shortcomings, inconsistent treatment, lack of compliance of
accommodation conditions with legal and international standards, insufficient officials’ awareness of
human rights and lack of material and human resources. These problems are present within every
system for which the National Preventive Mechanism is competent.
In addition, the prison system should improve health care services provided to prisoners by including
them in the public healthcare network and by using state budget funds to cover supplementary
health insurance for prisoners who meet the requirements. In addition, it is necessary to thoroughly
investigate allegations pertaining to torture and inhuman or degrading treatment as well as those
regarding use of excessive force or verbal abuse, which is not being done at the moment.
Apart from introducing civil supervision over police activities, it is necessary that the Police
Headquarters ensure up-to-date assessment of justification and lawfulness of usage of means of
coercion and that the Ministry of Interior and State Attorney’s Office conduct ex officio efficient
investigations of allegations regarding potential occurrences of police harassment.
A number of persons with mental disorders are still required to pay one part of treatment expenses
during their involuntary hospitalization, despite the fact they are unable to freely leave the institution.
Such expenses should be financed by the State budget. In addition, it is extremely important that
psychiatric institutions establish and duly keep records on the usage of means of coercion as well as
on the treatment of persons subject to such measures.
Social welfare system does not regulate either the accommodation of persons in departments of
homes for elderly and infirm that cannot leave of their own accord or the types and methods of
usage of safety measures within such departments. Application of coercion measures in this type of
institutions must be aligned with the Act on Protection of Persons with Mental Disorders.
Croatia has still not drafted a new migration policy, and it is necessary to promptly proceed to its
preparation, at the same time ensuring it includes all aspects of contemporary mixed movements,
especially integration. It is important, pursuant to applicable regulations and international
conventions, to ensure access to international protection for all migrants present on the territory of
the Republic of Croatia, as well as to provide them with minimum information on their rights in the
language they understand when reaching decisions on return or deportation.
All of the foregoing is contained in a total of 33 NPM recommendations specified in this Report.
Their implementation would raise the level of human rights protection for persons deprived of liberty
and those with limited freedom of movement as well as the level of rule of law in Croatia, in
accordance with the national regulations and international conventions that our country has
undertaken to abide by.
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