PERSONS DEPRIVED OF THEIR LIBERTY AND PERFORMANCE OF ACTIVITIES OF THE NATIONAL PREVENTIVE MECHANISM Activities of the Ombudswoman with regard to persons deprived of their liberty, that is, persons who have been ordered into any form of detention, imprisonment or placement in a public custodial setting which they are not permitted to leave at will, include both preventive and reactive actions. Pursuant to the Ombudsman's Act, the Ombudswoman takes reactive actions and protects the rights of persons deprived of their liberty by examining individual complaints. Conversely, under the Act on the National Preventive Mechanisms against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OG 18/11, hereinafter: ANPM), the Ombudswoman takes preventive actions in order to strengthen the protection of persons deprived of their liberty from such treatment. Although this seems like a dual role with apparently different objectives, preventive and reactive actions constitute a single, indivisible whole aimed at strengthening the protection and respect of the rights and freedoms of persons deprived of their liberty, laid down in the Constitution, laws and international legal acts on human rights and freedoms accepted by the Republic of Croatia. Consequently, the regulatory framework is very extensive and, in addition to the Constitution and national legislation, includes a number of international legal acts relating to freedoms and rights of persons deprived of their liberty, irrespective of their legal power. In order to successfully perform our tasks, we are regularly monitoring case law of the Constitutional Court of the Republic of Croatia, the European Court of Human Rights and other relevant European and international case law as well as the views, annual and individual reports of the UN Subcommittee for the Prevention of Torture (SPT) and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) and other mechanisms for the protection of the rights of persons deprived of their liberty. 1. Actions taken on complaints from persons deprived of their liberty In the course of 2013, we have taken actions on complaints received from persons deprived of their liberty and, as part of investigative procedures, visited Bjelovar County Prison, Požega State Prison and Turopolje State Prison. In addition, we have inspected the facilities for the accommodation of persons deprived of their liberty at Pazin Police Station. As we are visiting establishments where persons deprived of their liberty are placed, as part of preventive actions within the performance of activities of the National Preventive Mechanism against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter: NPM), we are generally not performing inspections of prisons and penitentiaries under the powers laid down in the Ombudsman's Act, but those inspections are carried out as part of investigative procedures conducted on the basis of individual complaints.

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