Report on the Performance of Activities of the National Preventive Mechanism for 2016
In some penal institutions, for example in prisons
in Bjelovar and Karlovac, no cases of special
measure implementation were recorded in
2016, whereas in others, for example in Pula
103
2016
County Prison, there was a significant increase in
2015
13
their number. Although it is stated that this is the
result of consistency in the keeping of Records
2014
2
on Implementation of Special Measures, the
2013
8
impression gained is that after in 2015, a
prisoner detained in a specially secured room
free of dangerous objects, set himself on fire, treatment of prisoners by judicial police officers
has become more repressive, which is also contributed to the fact that positions in Security
Department remain unfilled. Even though a more repressive approach does not necessarily
imply unlawful or unprofessional conduct, it is necessary to ensure that pursuant to EPSA,
prisoners’ rights are restricted only exceptionally and if this is completely necessary, whereas
the manner in which their rights are being restricted must be reasonable.
NUMBER OF SPECIAL MEASURES
FOR MAINTENANCE OF ORDER AND
SECURITY IN PULA COUNTY PRISON
Last year, the special measure of placement in a specially secured room, free of dangerous
object, was imposed 40 times, with Pula County Prison registering the highest frequency rate,
where measure was imposed 15 times. However, the room intended for implementing this
measure has only been partially renovated after a prisoner set himself on fire there, which
means that detention conditions there are completely
Prisoners’ rights may be restricted
inadequate (walls are unlined with sponge, there is an
only exceptionally and if this is
exercise mat on the floor, there is no call bell) and that it
completely necessary, whereas
should not be used until it has been completely
restrictions must be reasonable.
renovated. Despite our recommendation to COPSD that
unique minimum technical conditions for ensuring security of implementation of this measure
should be developed, in order to ensure that rights of persons deprived of their liberty – their
right to life, to humane treatment and protection of dignity – are respected, these technical
conditions have not been adopted yet.
Similarly, conditions in the premises intended for implementing disciplinary measure of solitary
confinement, are not aligned with legal and international standards. For example, in Glina State
Prison, although this room is located in the new building and is well-equipped, since outer walls
of the building are covered with vertical security slats, there is no daylight coming through. In
Rijeka County Prison, solitary confinement cell is in a very dilapidated state and since it is
located underground, there is no daylight. However, during our visit, we were informed that,
pursuant to our warning, the cell is no longer used for this purpose.
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