Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution and law prohibit such practices, but there were reports of isolated and sporadic cases of physical and verbal mistreatment of prisoners and detainees.
Prison and Detention Center Conditions
There were some reports regarding prison or detention center conditions that raised human rights concerns.
Physical Conditions: Several prisons remained overcrowded, such as Osijek Prison (159 percent). According to the February report of the Council of Europe’s Committee for the Prevention of Torture (CPT), there were still instances of living space below the minimum of 10-square-feet per inmate. Prisoner complaints generally concerned inadequate facilities, quality and accessibility of medical care, and mistreatment.
There were reports of isolated and sporadic cases of physical and verbal mistreatment of prisoners and detainees by correctional officers. Some prisoners and detainees alleged mistreatment consisting mainly of slaps, punches, and kicks inflicted at the time of arrest, during questioning at a police station, and later in prison. According to the CPT, in a few cases, medical evidence supported the allegations. The CPT report on its 2017 visit also included allegations of physical mistreatment and verbal abuse of patients at prison hospitals by custodial staff.
According to the CPT report, inter-prisoner violence was also a source of concern. The report noted several cases involving serious physical injuries inflicted on inmates by their cellmates, including a case of subdural hematoma (internal bleeding around the brain) and broken ribs.
Administration: The Ombudsperson for Human Rights investigated credible allegations of mistreatment, and issued recommendations to improve conditions for detained persons, reduce the use of coercion, and improve investigation of police brutality cases. The Office of the Ombudsperson conducted 26 visits between January and June but reported no significant major system improvements.
Independent Monitoring: The law provides for appointment of independent civil supervisors of police. No members of a supervisory group have been appointed, however, which government officials attributed to a lack of interested candidates. The Ministry of Justice (MOJ) reported progress cooperating with civil society organizations on the implementation of the individual punishment and education programs aimed at reducing recidivism.
Section 2. Respect for Civil Liberties, Including:
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and domestic violence. The law was in most cases effectively enforced. A separate law, the Law on Protection against Family Violence, came into force in January. Sentences range from fines to time in jail, depending on the crime’s gravity. Conviction for rape, including spousal rape, is punishable by up to 15 years’ imprisonment. Conviction for domestic violence is punishable by up to three years’ imprisonment, and the law provides for misdemeanor punishments and further protects victims’ rights. Violence against women, including spousal abuse, remained a problem.
Police and prosecutors were generally responsive to allegations of domestic violence and rape, but there were isolated reports that local police departments did not consistently adhere to national guidelines regarding the treatment of victims of sexual assault. According to Ministry of Justice data, from the total number of perpetrators (11,506), 68 percent were men and 32 percent were women. Only 7 percent of these perpetrators were convicted, of which; 63 percent were fined or given suspended jail sentences. The government adopted the Fourth National Strategy for Protection against Domestic Violence for 2017-22.
In October the trial of Pozesko Slavonska County prefect Alojz Tomasevic began in Slavonski Brod Municipal Court on charges of domestic violence against his wife, who testified that he almost killed her. Tomasevic was removed from his political party but retained his position as prefect.
Sexual Harassment: The law criminalizes and provides for a maximum prison sentence of one year for sexual harassment of both men and women. The law was not enforced effectively. Protection is also prescribed by the law, under which NGOs reported there were few serious sanctions for perpetrators. The ombudsperson for gender equality reported that in 2017 all new allegations of sexual harassment related to the protection of women. The ombudsperson’s report stated victims of sexual harassment were increasingly filing complaints anonymously, through third parties, or dropping charges entirely due to fear of reprisal.
Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods.
Discrimination: Women have the same legal status and rights as men. The law requires equal pay for equal work. In practice women experienced discrimination in employment and occupation (see section 7.b.).
Birth Registration: Authorities registered all births at the time of birth within the country or abroad. Citizenship is derived by descent through at least one parent who is a citizen of the country or through birth in the country’s territory in exceptional cases.
Child Abuse: The law criminalizes abuse of children. Penalties range depending on the crime’s gravity, and include long-term imprisonment if the consequence is death of a child. Child abuse, including violence and sexual abuse, remained a problem. The ombudsperson for children reported that police and prosecutors generally were responsive in investigating such cases.
Early and Forced Marriage: The legal minimum age for marriage is 18; children older than 16 may marry with a judge’s written consent.
Sexual Exploitation of Children: The law prohibits commercial sexual exploitation of children; sale; offering or procuring for prostitution; and child pornography, and authorities enforced the law. Cases of such abuses were isolated. The Ministry of the Interior conducted investigative programs and worked with international partners to combat child pornography. The ministry operated a website known as Red Button for the public to report child pornography to police. The minimum age for consensual sex is 15.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
According to the Coordination of Jewish Communities in Croatia, the country’s Jewish community numbered between 2,000 and 2,500 persons. Some Jewish community leaders continued to report anti-Semitic rhetoric online and in the media and an increase in anti-Semitic and Ustasha graffiti in the streets. NGOs reported cases of violent reprisal against community members who attempted to paint over swastikas.
The Jewish community also stated government officials did not sufficiently condemn, prevent, or suppress Holocaust revisionism.
On April 22, the government held its official annual commemoration for victims killed by the Ustasha regime at Jasenovac concentration camp. The Jewish community, along with the Serb National Council (SNV) and the Alliance of Anti-Fascist Fighters, boycotted the official commemoration for the third year in a row, holding their own commemorations instead. Jewish community leaders said the boycott was necessary to condemn the government’s insufficient response to historical revisionism and lack of progress on property restitution.
Police prevented members of the Autonomous Croatian Party of Rights (A-HSP) from entering the Jasenovac Concentration Camp Memorial Site to hold meetings on April 22 and May 6. Prior to both attempts, A-HSP President Drazen Keleminec sent the media an online invitation that included the Ustasha salute “Za Dom Spremni” (For the Homeland Ready).
In June Jasenovac officials condemned a presentation on HRT by writer Igor Vukic in which Vukic denied that crimes were committed at Jasenovac. They expressed concern that state-owned television presented a Holocaust denier as an authority on the subject of the concentration camp at Jasenovac.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The law prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities, including their access to education, employment, health services, information, communications, buildings, transportation, the judicial system, or other state services, but the government did not always enforce these provisions effectively. While the law mandates access to buildings for persons with disabilities, building owners and managers did not always comply, and there were no reported sanctions.
Children with disabilities attended all levels of school. They were included in classes with nondisabled peers, although NGOs stated the lack of laws mandating equal access for persons with disabilities limited educational access for students with disabilities.
Constitutional protections against discrimination applied to all minorities. According to the ombudsperson for human rights, ethnic discrimination was the most prevalent form of discrimination, particularly against ethnic Serbs and Roma.
According to the SNV, the Serbian national minority faced hate speech, graffiti, and other vandalism of Serb monuments, and significant discrimination in the justice system, particularly regarding missing persons and war crimes cases. They also stated that counterprotestors often infringed on their right to free assembly by shouting threats and hate speech during solemn Serb commemorations. The SNV reported police provided significant protection of a recent Serb commemoration in the town of Glina.
The government allocated funds and created programs for development and integration of Romani communities, but discrimination and social exclusion of Roma remained problems. An August study by the Government Office for Human Rights and Rights for National Minorities found Roma to be the most marginalized community in the country, living largely in isolated, impoverished communities without access to basic infrastructure, education, or employment. The study found 28 percent of Roma older than 14 finished only elementary school, 44 percent were unemployed, and only 50 percent had a bathroom in the home.
In a report released May 15, the Council of Europe’s European Commission against Racism and Intolerance (ECRI) noted an escalation of hate speech in public discourse in the country between April and December 2017. The report pointed out a rise in youth nationalism, often in the form of praising the country’s World War II Ustasha regime. The report described racism and xenophobia against Serbs; Roma; lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; and refugees in the media and on the internet, abusive language toward the Roma population, and even some physical attacks against those groups and their property. The report said authorities failed to condemn hate speech and promote tolerance sufficiently.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The law prohibits discrimination in employment and occupation, nationality laws, housing, access to education, and health care based on sexual orientation, gender identity, or gender expression. Minority groups said these provisions were not consistently enforced. In May ECRI reported the country was becoming increasingly hostile to LGBTI persons. In response to civil society concerns, the government revised the 2016-20 National Plan for Combating Discrimination better to address LGBTI issues.
LGBTI NGOs noted uneven performance by the judiciary on discrimination cases. They reported members of their community had limited access to the justice system, with many reluctant to report violations of their rights due to concerns regarding an inefficient judicial system and fear of further victimization during trial proceedings. NGOs reported that investigations into hate speech against LGBTI persons remained unsatisfactory. Police initiated court proceedings in only two of 19 cases in 2017.
Organizations which opposed the ratification of the Istanbul Convention invoked anti-LGBTI sentiment in their rhetoric, declaring same-sex couples, same-sex parents, and transgender persons a threat to the country and to traditional society. In February anti-LGBTI protestors burned a poster-sized effigy of a book for young children of same-sex parents (My Rainbow Family) during a children’s carnival in the coastal town of Kastela.
In May vandals destroyed a large rainbow Pride flag marking the entrance to an event celebrating the International Day against Homophobia, Transphobia, and Biphobia. Subsequent police presence was heavy. A police investigation was ongoing.
HIV and AIDS Social Stigma
Societal discrimination against persons with HIV/AIDS remained a problem. The NGO Croatian Association for HIV (HUHIV) reported some physicians and dentists refused to treat HIV-positive patients. HUHIV reported violations of confidentiality of persons diagnosed with HIV, with some facing discrimination including employment discrimination after disclosure of their status. There were reports that transplant centers refused to place HIV-positive patients on their lists of potential organ recipients.
HUHIV reported that the government’s recently implemented National Plan for Fighting HIV helped combat the stigmatization and discrimination of persons with HIV/AIDS. Additionally, HUHIV reported that an HIV diagnosis was no longer listed on government-supplied sick leave forms, protecting the privacy of HIV-positive individuals.