8
CENBAUER v. CROATIA JUDGMENT
He also reported that about 50% of inmates currently worked in the prison.”
II. RELEVANT DOMESTIC LAW AND PRACTICE
23. Article 23 of the Croatian Constitution (Ustav Republike Hrvatske)
provides as follows:
“No one shall be subjected to any form of ill-treatment ...”
24. The Enforcement of Prison Terms Act (Zakon o izvršavanju kazne
zatvora, Official Gazette no. 128/1999 of 30 November 1999, and
no. 190/2003 of 3 December 2003 (consolidated text)) came into force on
1 July 2001, whereas the provisions concerning the judge responsible for
the execution of sentences came into force six months later, on 1 January
2002. The relevant provisions of the Act read as follows:
Section 17
“(1) An inmate may file a request for judicial protection against any acts or
decisions unlawfully denying him, or limiting him in, any of the rights guaranteed by
this Act.
(2) Requests for judicial protection shall be decided by the judge responsible for the
execution of sentences.”
Section 74
“(1) The accommodation of the inmates shall meet the required standards in terms
of health, hygiene and space, including climatic conditions.
(2) Inmates shall as a general rule be accommodated in separate rooms ...
(3) Inmates' rooms shall be clean, dry and of adequate size. Each inmate shall have
at least 4 m² and 10 m³ of space in the room.
(4) Every room ... must have daylight and artificial light ...
(5) Penitentiaries and prisons must be equipped with sanitary facilities allowing
inmates to meet their physiological needs in clean and adequate conditions, whenever
they wish to do so.
(6) Inmates shall have drinking water at their disposal at all times.”
Section 77
“(1) The penitentiary or prison shall supply the inmates with underwear, clothes and
bed linen appropriate to the climatic conditions.”