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Events

The Kragujevac District Prison acted in part on the recommendations of the National Mechanism for the Prevention of Torture, which were sent to it after an announced control visit of the NPM on January 29, 2019.

The District Prison's response submitted to the NPM states that the District Prison acted on the recommendation of the NPM and that in the future, the first medical examination upon admission would include an examination of all bodily areas with special attention given to injuries and photographing them, and that it would notify the public prosecutor's office if it suspected that the injuries indicate abuse. The response also stated that the medical staff had received the necessary training required for this type of examination and treatment.

In accordance with the recommendations, a disinsectization of the dormitories was carried out, while in detainment unit, the rooms were painted and a shared bathroom was repaired. The procedure for roof repair has been started and, as the answer states, the tender procedure for the contractor is underway.

However, the institute cannot comply with the NPM recommendation and provide regular health check-ups for employees, because it lacks the necessary resources. The answer also states the institute is not able to increase the level of engagement of convicts and detainees, since there are no job positions or technical conditions where they could perform tasks without requiring additional conditions in terms of security.

The last time the NPM visited the District Prison in Kragujevac was in 2013. The last visit was a regular visit in order to systematically control the situation in the institution with regard to respect for the rights of persons deprived of their liberty. A Report was prepared on the visit, outlining the established situation and recommendations for eliminating the identified deficiencies.

Acting on the recommendations of the NPM, the Gerontology Center of Kragujevac undertook activities aimed at enabling smooth functioning and improving the accommodation conditions and the quality of life of its users. During the year, the Center will prepare the project documentation for the renovation of Facility 3, including the enhanced surveillance block, where mobile users with dementia are housed, and will request funding from the competent ministry. In the meantime, closets and non-functional locks have been repaired and notifications on the existence of video surveillance have been posted, and video surveillance cameras have been removed from some rooms in order to preserve privacy.

In order to improve the treatment of patients, support from the Republic Institute for Social Protection has been sought, and in order to create a safe and comfortable environment, the Center will implement restrictive procedures and measures in accordance with the established standards. In order to give the users access to open spaces and fresh air, the Center also organized daily walks outside for the users.

The NPM visited the Kragujevac Gerontology Center on February 26, 2019. A Report on the visit was drafted with recommendations for removing the identified shortcomings.

The Protector of Citizens submitted to the National Assembly the Annual Report on the activities implemented in the performance of the activities of the National Preventive Mechanism (NPM) in the Republic of Serbia in 2018. In the reporting period, the NPM paid 44 visits to the locations where persons deprived of their liberty were located or may be located and based on confirmed irregularities in the operation of competent bodies 296 recommendations were issued.

The Report presents that in the previous year the progress was made with regards to the prevention and elimination of torture, but there was still inadequate treatment of official persons towards persons deprived of their liberty present in certain number of cases, which is, inter alia, the consequence of insufficient number of employees, rooted stereotypes and mild punishment policy toward official persons.

This year, too, the Report records poor material conditions at the premises for police detention, their insufficient equipment, lack of possibility for staying in an open space for detained persons and insufficient number of premises. In the field of operation of the Administration for Execution of Criminal Sanctions in the report it is stated that prisons in Serbia have been overcrowded for years, that they are in poor material conditions and in facilities which do not fulfill contemporary requests for the treatment of persons deprived of their liberty. In the institutions of social protection there still is a great number of users accommodated for a longer period of time, while in the process of deinstitutionalization no significant progress has been noticed.

During 2018 the trend of the decrease of the number of migrants entering the Republic of Serbia was continued, which resulted in temporary closing of three reception centers and improved conditions for the staying of migrants at existing facilities. Their health protection has been well organized and the inclusion of children of migrants in preschool and primary education has continued.

The Protector of Citizens symbolically presented the report on the activities of the National Preventive Mechanism on the day of birth of the president of the Republic of South Africa, Nelson Rolilala Mandela, which by the Resolution of the United Nations General Assembly from 2010 has been celebrated as the International Day of Nelson Mandela as recognition of his contribution to the culture of peace and freedom.

In 2015 the General Assembly expanded the scope of the International Day of Nelson Mandela using this day to promote humane conditions of prison, values of the work of prison employees as social service of special importance and for raising of the awareness about prisoners being part of the society.

On the second day of the visit to the Protector of Citizens of the Republic of Serbia, the representative of the institution of the Ombudsman of the Netherlands, Ian Prince, met the representatives of the National Preventive Mechanism, who, first at the meeting, introduced him to the establishment of the NPM in Serbia, its competence, manner and scope of operation, and then together with him visited the Institute for persons with developmental delays “Heart in apple” (“Srce u jabuci”) in the village of Jabuka near Pančevo.

b_280_0_16777215_00_images_20190717janprins.jpgPrince was presented with the data about 500 visits paid by the NPM to the locations of detention and institutions where persons deprived of their liberty are or may be accommodated and around 2000 recommendations to competent state authorities and institutions since 2012, when NPM started functioning operatively in Serbia. In prisons, detention, psychiatric hospitals and social institutions of home type in Serbia there are 25 thousand persons deprived of their liberty. The competence of the NPM comprises protection and improvement of their rights, position and status primarily through preventive visits to the locations where they are, execution of reports and issuing of recommendations to competent bodies.

Even though the Netherlands is the signatory of the Optional protocol from 1988, as it was explained by the representative of the Dutch Ombudsman, due to specific system of social and health protection and unclear division of competence between existing inspectorates and commissions, this country still does not have an independent Mechanism for prevention of torture in the manner defined by OPCAT. Therefore, he expressed interest in the practice, manner of operation and functioning of the NPM, which have already been developed in Serbia, so future mutual cooperation and exchange of experience in this field was agreed.

The representative of the National Preventive Mechanism (NPM) Tamara Blagojevic participated today at the first meeting of the Steering Committee of the second phase of the horizontal facility of the Council of Europe and European Commission for Western Balkan and Turkey titled “Strengthening of human rights of detained and convicted persons in the Republic of Serbia”, which is financed by the European Commission and Council of Europe and implemented by the Council of Europe.

The Protector of Citizens, who is authorized to perform the activities of the National Preventive Mechanism and in charge of the protection and improvement of the rights of persons deprived of their liberty and convicted persons, at the first phase of the project had the role of an observer while during the second phase he was a fully-fledged participant in the program. At the meeting of the Steering Committee the plan of activities for the following three years was explained, as well as the duration of the second phase of the project, while all the activities in which the Protector of Citizens participates will be defined in greater details during six-month plans.

At this meeting three publications were presented: “Review of findings and recommendation of the Protector of Citizens on the protection of persons with mental disabilities in social and health care institutions (2011–2016)“, “Review of findings and recommendation of the Protector of Citizens on the protection of rights of persons detained at police stations (2008 – 2017)“ and “Review of findings and recommendation of the Protector of Citizens on the protection of persons deprived of their liberty (2008 – 2017)“, which were prepared and printed within the first phase of the project and will be published at the website of the NPM and Council of Europe.