The Municipal Court in Novi Zagreb on Tuesday issued an inadmissible judgment according to which the state of a former prisoner should pay 9000 kuna for inhumane conditions in which he served two sentences on two occasions.
The remuneration, as pointed out in the verdict, "should be a satisfaction in the monetary equivalent of over-discomfort, suffering and suffering through the necessary measure" in prison.
The Prisoner stated in the lawsuit that he was serving imprisonment in Zagreb on two occasions, during 2010. and from 2011. to 2013. spent a total of 817 days and that due to poor conditions there was a violation of his rights guaranteed by the Constitution, law and other regulations.
In short, he noted that the prison cells were overcrowded, causing limited movement, leading to anxiety, irritability and clashes between prisoners. He also pointed out that the sanitary node in the same room was only partially separated, emphasizing that prisoners perform physiological needs while the others are eating nearby. He also said there was no ventilation in the room, that the shower was performed in shared bathrooms once a week and that he was placed together with prisoners suffering from various illnesses.
He particularly emphasized the inadequately accessible and poor quality healthcare, which is why he has to wait in prison for weeks and weeks. He said he was suffering from glaucoma from the right eye and the court accepted his statement that he had not received timely and appropriate medical care for which he had been stinging hunger for five days. The lawsuit also states that there is no emergency switch or fire alarm system in the cell.
He also pointed out in the Ombudsman's report for 2013. as well as decisions and reports of the Constitutional Court on living conditions in prisons, clearly results in overcrowding of the prison system and other violations of prisoners' rights due to insufficient health and spatial conditions and insufficient coverage of health care.
Due to all the above mentioned for the total 817 of the prison sentence he sought compensation for non-material damages for violation of the personality right in the amount of 81.700 kuna.
The State Attorney's Office in response to the lawsuit as well as during the trial stated that the prosecutor had addressed the request for a peaceful solution to the dispute that was not complete and that the claim was not filed validly for the entire term. He also denied the allegation of the claim, stating that the plaintiff had been placed in accordance with the statutory provisions, and the space of the detention room was only a part of the legal rights, emphasizing that the diminished cell space was not intended and intended to deliberately deny the prisoner's right.
Due to all this, the Municipal State Attorney's Office has proposed that the appeal be dismissed in its entirety.
The court partially dismissed the lawsuit for those periods in which the plaintiff had previously failed to file an obligatory request for a peaceful settlement of the dispute, but also found that they were serving a sentence during 2010. and 2011. violated his rights.
"Therefore, estimating the length of these injuries from the total 166 days and their nature, and the content and consequences of the described clarity and limited hygiene conditions of residence, increased for an additional sense of discomfort and fear always over again due to untimely access to health care, the court finds that because of these violations the plaintiff is entitled to fair monetary compensation in the total amount of 9.000 kuna, "the verdict says. The court also accepted the plaintiffs' allegations that they felt bad and miserable, that they were subjected to unlawful prison conditions by excessive mental pain, for which the defendant or the state is responsible.