Report on the Performance of Activities of the National Preventive Mechanism for 2017
be filed on the thirtieth day of the day when breach was made known, the storage of the footage should
be regulated so as to provide for its use within that period or even longer in each individual case.
Citizens also complained about insufficient provision of information regarding the actions taken after
their applications, even though police officers had acted promptly and were engaged in field work.
Such a practice may be misleading because applicants might think that they filed a complaint for
criminal offence whereas the police considered it as misdemeanour. This was the case with complaints
filed by two citizens: one of them thought that she had complained about a criminal offence, whereas
the police had initiated misdemeanour procedure for the alleged breach of the peace; the other one
thought that the police would bring charges ex officio, only to find out that the police officers considered
the alleged offence an accident. In accordance with the APDA, a police officer is obliged to warn the
applicant on justifiability of his/her complaint. In case of a criminal offence where the defendant is
prosecuted ex officio or if the event does not have the characteristics of a criminal offence, the officer
is obliged to inform the applicant thereof.
1.2.2. Visits to police stations and detention units
In line with its authorities, with the aim of preventing torture and other acts of cruel, inhuman, or
degrading treatment, the NPM visited 17 police stations within three police directorates and the
detention units of the Lika-Senj and Zadar Counties. All the visits were regular, apart from the visits to
the detention unit of the Pag Police Directorate and Police Station and the Zadar Second Police
Directorate, whose aim was to establish the level of implementation of warnings and recommendations
issued after the previous visits. Accommodation conditions were inspected, as well as records on
persons deprived of liberty. It was determined that the accommodation conditions were not completely
in line with international standards, which may represent degrading treatment and is contrary to the
Standards of Rooms Where Persons Deprived of Liberty Are Held.
Accommodation conditions
Although the Ordinance and CPT standards provide that the detention unit has to have appropriate
lighting (daylight, if possible), ventilation, a place to rest (fixed chair or bench), availability of drinking
water, availability of a lavatory with appropriate hygiene standards and possibility to spend time
outdoors, the visits showed that these standards are still not implemented.
Even though, in line with the warnings and recommendations to the Zadar Police Directorate, the
General Police Directorate informed us that the installation of water supply network would ensure
drinking water access to persons deprived of liberty and that small-scale construction works next to the
premises for accommodation of prisoners should ensure space for outdoor stay, none of these two
projects have been carried out. For instance, despite spatial adaptations, persons deprived of liberty in
the Pag Police Station still lack direct access to drinking water and a lavatory.
In addition, three premises of the detention unit within the Lika-Senj Police Directorate, as well as some
police stations, do not have access to daylight. Artificial lighting coming from reflectors inside corridors
is insufficient to enable reading. Access to daylight and fresh air represent basic living conditions that
each person deprived of liberty is entitled to and their restriction can lead to development of diseases.
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