Professional paper
https://doi.org/10.54070/hljk.30.2.15
Compensation for Damages Due to Conditions in Prison Through the Practice of the Constitutional Court of the Republic of Croatia
Ivana Đuras
; Ustavni sud Republike Hrvatske
Abstract
Due to the inhumane and humiliating conditions of accommodation in prison units, the
State as the defendant is responsible for the damage suffered by prisoners, while according
to legally concluded court proceedings, dissatisfied applicants of constitutional complaints
challenge the aforementioned judgments by referring to Articles 23 and 25 of the Constitution,
often citing Article 35 of the Constitution as well. The constitutional prohibition of ill-treatment implies that no one may be subjected to any form of ill-treatment, that every arrestee
and convicted person must be treated humanely and with respect for their dignity, and that no
one may be subjected to torture or inhuman or degrading treatment or punishment. In accordance with the practice of the European Court of Human Rights, the Constitutional Court has
reiterated in recent decisions that the marked lack of personal space in a prison cell has great
weight as a factor that needs to be taken into account for the purpose of determining whether
the described conditions of serving a prison sentence are “degrading” from the point of view
of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms
and whether they can lead to a violation when considered separately and in connection with
other deficiencies
Keywords
abuse, humiliation, dignity, prison, preventive measure, compensatory measure
Hrčak ID:
313092
URI
Publication date:
5.12.2023.
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