Report on the Performance of the Activities of the National Preventive Mechanism for 2019
prisoners, regardless of age, should therefore be offered the possibility of free education, that is,
completing primary school.
The fact that treatment staff do not work with detainees is largely a consequence of the view within
the prison system that such inmates are only there "for safekeeping", and that treatment staff are
not really meant to systematically engage with them; a view which does not in fact have legal
grounding. Likewise, the absence of such work is justified by the
presumed innocence of remand prisoners, which is not
appropriate, as treatment work also involves discussing family
problems and participating in general and preventive
programmes, and should therefore be intensified.
In several annual reports, we have also highlighted the
inadequate means of prisoner transport. They are held in the
rear of a specialized vehicle, without safety belts, while
prisoners whose hands, and often feet, are tied, are seated on
side benches with nothing to hold on to. We asked the COPSPD
to stop using such vehicles, but certain penal institutions, for
instance the Split County Prison, nevertheless continue to do
so. This practice needs to cease, and only vehicles equipped
with safety belts that meet the requirements of the Road Traffic Safety Act, as well as CPT standards
(CPT/Inf(2018)24) should be used for prisoner transport.
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Practice in the prison system is still uneven, which we wrote about in the previous reports, while
officials in penal institutions have very frequently reported that communication with the COPSPD
and other institutions in the penal system is unsatisfactory, especially in comparison with previous
years, which is not good. Therefore, information exchange and communication among prison
system staff and the COPSPD need to be intensified, in order to harmonise and improve practice.
The lack of staff also negatively affects the level of respect for inmates' rights, so the vacancies in the
existing job classifications need to be filled.
During 2019, the Constitutional Court adopted four decisions determining that there has been a
violation of Art. 25, para. 1 of the Constitution, stating that the courts have not effectively protected
the applicant's constitutional right to serve their prison sentence in the conditions prescribed by
constitutional standards. That legal recourse is still insufficiently effective, also follows from the
decision in which the Constitutional Court took the view that the actions of the magistrate
responsible for the implementation of sentences rendered inactive an otherwise active legal
recourse, which constituted a violation of the rights guaranteed in articles 23 and 25 of the
Constitution, that is, the procedural aspect of article 3. of the ECHR (U-IIIBi-3201/2018). The situation
is the same when it comes to actions undertaken as a result of complaints, although certain positive
changes in the way investigative procedures are carried out in certain places of detention, such as
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