Report on the Performance of the Activities of the National Preventive Mechanism for 2019
1.1.1. FULFILLING THE FUNCTIONS OF THE NPM IN THE PRISON
SYSTEM
Acting in line with the powers granted us by the Act on the National Preventive Mechanism against
Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (ANPM), during 2019 we
made unannounced visits to prisons in Šibenik, Zagreb, Sisak and Varaždin. The visit to the Zagreb
County Prison was targeted, with a focus on respect for the rights pertaining to accommodation in
high-security units, while the other visits also focused on how the treatment, order and security, and
complaints departments were organised.
Following the visits, we issued 11 warnings (one to the Ministry of Justice (MJ), six to COPSPD and
four to the penal institutions and 44 recommendations (one to MJ, 16 to COPSPD and 27 to penal
institutions), while an evaluation of their implementation will be issued after we have received all the
reports and carried out follow-up visits.
Acommodation conditions
According to COPSPD data, the prison population increased over the past four years. On 31
December 2019, secure detention units were at less than 100% capacity in just three out of a total of
14 prisons, while in six prisons, they were at more than 120% capacity, which is considered critical
according to European Committee on Crime Problems (ECCP) standards. The situation was the worst
in the Karlovac (175%), Osijek (174%) and Požega (167%) County Prisons.
6
In the Sisak County Prison, whose population was at 167% capacity, tables occasionally have to be
taken out of rooms so that mattresses could fit in. In conversations with prisoners, they described to
us how one person slept on a mattress on a table, and another on a mattress beneath the table,
which is degrading. Due to the overcrowding,
both prisoners and convicts were together in
individual rooms, which is contrary to the
EPSA. Also, the common rooms have been
repurposed to accommodate persons in
detention even though they have almost no
daylight, while the rooms lack the space for
sufficient number of lockers, so some persons
have to keep their personal belongings in
boxes under their beds. In all penal institutions,
sanitation facilities are still not physically
separated from the rest of the rooms, for
instance, in the Zagreb County Prison. This makes privacy impossible, and in certain cases is
degrading – as persons deprived of liberty also eat in their rooms, it does happen that a person is
having their meal at the same time as another is defecating. In certain penal institutions, showers
are not partitioned off with panneling, so the prisoners have no privacy whilst they shower.