Report on the Performance of Activities of the National Preventive Mechanism for 2017
1.
PERSONS DEPRIVED OF LIBERTY AND THE FUNCTIONING OF THE
NATIONAL PREVENTIVE MECHANISM
1.1. THE PRISON SYSTEM
Persons in the prison system are deprived of their liberty, but they still enjoy fundamental human rights
enshrined by the Constitution, legal acts and international legal documents. Nonetheless, they are often
subject to different restrictions during their stay in prison. When analysing their complaints, our basic
task is to determine whether the restrictions and treatments on the basis of which they file their
complaints are proportional to the reasons for
The basic task is to determine whether the
restrictions and treatments are proportional to
the reasons for which they are implemented
and whether they are crucial to achieve the
goal as set by the law or, alternatively, whether
they go beyond the inevitable suffering caused
by deprivation of liberty.
which they are implemented and whether they
are crucial to achieve the goal as set by the law
or, alternatively, whether they go beyond the
inevitable suffering caused by deprivation of
liberty.
Unlike reactive approach to handling complaints,
preventive visits of penal institutions that we
make within the National Preventive Mechanism (NPM) aim to strengthen the protection of persons
deprived of liberty and prevention of torture and other acts of cruel, inhuman, or degrading treatment.
In 2017, we received 136 complaints, carried out 31 field investigative procedures and visited nine penal
institutions.
1.1.1. Complaints filed by persons deprived of liberty in the prison system
Most of the complaints addressed the quality of healthcare, treatment by officers and accommodation
conditions. The fact that the majority of complaints filed to the Central Office of the Prison System and
Probation Directorate with the Ministry of Justice (COPSPD) dealt with the same problems confirms the
fact that these problems cause most dissatisfaction among prisoners1. In 2017, the number of complaints
addressing the work of the treatment department was on the increase. In addition, prisoners
complained about the effectiveness of legal protection and violation of their right to contact with the
outside world.
The nature of the complaints against the quality of healthcare, as indicated in our previous reports, did
not change in 2017. Prisoners complain that doctors in certain penal institutions refuse to grant them
access to their medical records or provide them with the copies. This was the case of the Pula prison,
for example.
In this chapter, the term COPSPD shall be used as an acronym to denote the administrative unit of the Croatian
Ministry of Justice that, inter alia, manages administrative and professional affairs regarding the prison sentence
serving, execution of remand imprisonment and the so-called educational measures of referral to the juvenile
correctional institution (JCI), regardless of the date of the entry into force of the Regulation on Internal Structure
of the Ministry of Justice (Official Gazette NN no. 98/17), amending its name and scope of work.
1
7