CENBAUER v. CROATIA JUDGMENT
5
prisoners were on a waiting list for work. Further, 83 prisoners had been categorised
as permanent non-workers, either through choice or disability, though many such
prisoners interviewed by the delegation advanced that they did in fact wish to work.
The situation of the non-workers was rendered all the more unsatisfactory by the
scarcity of other regime activities at the prison. Although the establishment was
equipped with good educational facilities, only about 50 prisoners – including some
who already worked – were attending classes. Further, there was little evidence of
therapeutic (i.e. offence-focused) programmes and no organised sport activities. To
sum up, almost two-thirds of the prisoners accommodated in the closed unit were
subject to an impoverished regime; the typical daily programme for a non-working
prisoner was found to consist of little else besides watching television in an
association area and outdoor exercise.
64. ... For the majority of prisoners in the establishment's closed unit, there was no
positive regime in place which might encourage them to address their offending
behaviour.
The CPT recommends that the Croatian authorities take the necessary steps to
ensure that all prisoners at Lepoglava State Prison have access to an appropriate range
of work, educational, sports and recreational activities.”
D. Report of the fact-finding mission to Lepoglava State Prison
22. On 1 July 2002 a delegation of the Court visited LSP in connection
with the Benzan case (see Benzan v. Croatia (friendly settlement),
no. 62912/00, 8 November 2002). Its findings in respect of the general
conditions at LSP were as follows:
“Meeting with the governor of LSP
The prison governor informed the delegation that the only unrenovated wing is
B wing. He further informed the delegation that the prison held 683 inmates. He
admitted that the prison was overcrowded, especially B wing.
Tour of LSP
B wing
We found cell 17 situated next to the communal bathroom. It measured 5.6 m2.
There were no in-cell sanitary facilities. There were two non-working electrical
sockets. There was a dim light on the ceiling. The window on the wall opposite the
door measured 0.64 m2. There was one wooden chair and a metal locker. There was
one set of bunk beds. The mattresses were dirty and bloodstained. The cell smelled
strongly of moisture. The cement walls were damp to the touch.
Shower, toilet and laundry area
There were three toilets and two showers for 60 inmates. There was no heating in
the toilet. In the shower there was one radiator. There was no toilet paper. Next to the