CAT/C/HRV/CO/4-5
The State party should pursue its efforts to combat prison overcrowding, in particular
in high security wards. It should also take steps to improve the material conditions in
the prisons, in psychiatric institutions and in the detention facility for foreigners.
Women and juveniles in detention
13.
The Committee is concerned that there is only one prison for females in the State
party and that it is located in a remote geographic location, which makes family visits
difficult, in particular for families with small children. The Committee is also concerned
that, although the domestic legislation prescribes that juveniles convicted of crimes shall be
placed in a separate enclosed institutional facility, such a facility has not been established
and juvenile convicts are placed in prisons (arts. 1 and 16).
The State party should take steps to provide more correctional facilities for female
prisoners to ensure that they have reasonable opportunity to maintain relations with
their families, in particular if they have minor children. The State party should
establish a separate enclosed facility for juvenile convicts.
Redress for victims of torture
14.
The Committee is concerned that, according to the information from the State party,
the State party has not provided any compensation to victims of torture in the reporting
period. It is also concerned at the lack of specific examples of cases in which victims of
torture received medical/psychosocial rehabilitation (art. 14).
The State party should provide to victims of torture redress, including compensation
and the means for as full rehabilitation as possible, in law and in practice. The
Committee draws the attention of the State party to its general comment No. 3, in
which the Committee explained the content and scope of the obligations of States
parties to provide full redress to victims of torture, and recommends amending the
domestic legislation accordingly.
Situation of refugees and non-refoulement
15.
The Committee is concerned that: (a) asylum seekers are detained in the detention
facility in Ježevo together with illegal migrants, some for extended periods of time;
(b) there is a lack of provisions for medical treatment, outside of emergency treatment, and
for psychological counselling for asylum seekers; (c) there is no information regarding
mechanisms for early identification of victims of torture and other persons with specific
needs among asylum seekers; and (d) free legal aid is not provided in procedures related to
the decision on detention, neither to asylum seekers nor to irregular migrants; (e) the
information provided by the State party regarding its extradition and expulsion proceedings
and their compliance with the non-refoulement obligation under article 3 of the Convention
is insufficient (arts. 1, 3, 4, 12, 13, 15, 16).
The State party should place asylum seekers in detention only in exceptional cases and
should regularly monitor the facilities used as accommodation for asylum seekers
through the national preventive mechanism or other monitoring mechanisms. The
State party should: (a) provide medical treatment and psychological counselling for
asylum seekers; (b) ensure the early identification of victims of torture and other
persons with specific needs among asylum seekers through the implementation of
appropriate national protection mechanisms; (c) establish a mechanism that will
provide access to counselling, treatment and rehabilitation for victims of torture, and
any specific accommodations necessary during refugee status determination
procedures; (d) ensure that free legal aid is provided to asylum seekers and migrants
in procedures related to the decision on detention; and (e) provide the Committee with
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