The protection of human rights and fundamental freedoms during the execution of prison sentences in Croatia was the central topic of a round table held on 25 November 2024, organized by the Croatian Academy of Sciences and Arts, with the participation of the Ombudswoman Tena Šimonović Einwalter.

In explaining the role of the institution in safeguarding the human rights and fundamental freedoms of persons in the prison system, the Ombudswoman highlighted its unique position in this context. This is based on the constitutional framework, legal mandates and powers of the institution, the nature of its ongoing work in practice, monitoring of international standards, handling complaints and individual cases, conducting preventive visits as part of the mandate of the National Preventive Mechanism (NPM), participating in the process of legislative amendments, and reporting on the situation both nationally and internationally. The institution’s ability to connect theoretical insights, normative frameworks, international standards, and the actual situation in practice grants it a distinctive role in the protection of the human rights of persons in the prison system, enabling it to identify specific problems and propose effective and comprehensive solutions.

Based on the institution’s mandates and various insights, the Ombudswoman pointed out the key issues faced by persons serving prison sentences in Croatia: conditions of accommodation and overcrowding, access to healthcare, implementation of special measures to maintain order and security, and exposure to various forms of violence. These challenges make the respect for human rights and fundamental freedoms in the prison system particularly demanding, alongside achieving resocialization as the core purpose of executing prison sentences.

In conclusion, Ombudswoman Šimonović Einwalter emphasized that each year the institution presents recommendations to the Croatian Parliament in publicly available annual reports, concerning observed problems, threats to rights, and failures to adhere to international standards, highlighting the most important ones, both at the normative level and in practice.

These five systemic recommendations are as follows:

  • amending and improving the normative framework, with due attention to regulatory alignment;
  • constructing new penal institutions;
  • ensuring a sufficient number of staff to work in these institutions;
  • significantly promoting the use of alternative measures and substitutes for prison sentences;
  • providing continuous training for staff on the rights and freedoms of persons deprived of liberty, which is essential for achieving the purpose of prison sentences based on a rehabilitative approach, while recognizing that humane treatment and respect for dignity are necessary preconditions for realizing that purpose.

More information on this topic is available in the Ombudswoman’s Report.