56
6.5.
Detention of persons in home type institutions for social protection
In 2016, the NPM visited overall 6 home type institutions for social protection, with the aim
to oversee the position of beneficiaries accommodated there, in particular: Home “Veternik”,
Home for adult persons Kulina; Home for adult and elderly persons ”Gvozden Jovančičević”,
Veliki Popovac, Home for the Blind “Zbrinjavanje“, Gerontology Centre in Novi Sad – the working unit Home for the retired and elderly persons in Novo Naselje and Gerontology Center
in Vršac. 6 Reports were made, out of which 4 were sent in 2016 and two in the beginning
of 2017. The competent authorities were addressed 44 recommendations for the elimination
of identified deficiencies in their work. Out of this number, the competent authorities acted
upon 27 recommendations, while 8 require further monitoring and 9 are systemic. In the next
period, the NPM plans a dialogue with the competent ministries96 in order to find a common
solution to the method of implementing the recommendations and improve the practise in
line with the standards.
In its reports on visits97 the NPM sent its recommendations for introducing the procedures
related to physical restraint of social welfare beneficiaries, establishing the Records of injuries
of beneficiaries and outsourcing an independent certified who would be issuing death certificates for the patients. Also, the recommendations addressed the requirement to provide the
sufficient number of staff for working with the patients, and to provide the required orthopaedic aids for them. Certain recommendations referred to the requirement of respecting the
privacy of beneficiaries. The NPM expresses its concern due to the situation in certain home
type institutions for social care where the persons having mental and intellectual disorders
are placed in isolation for the entire time, some of which being in rooms with no elementary
conditions for staying there, resembling cages,98 without tap water or available toilet facility. Such treatment is the case of abuse and where prolonged, represents a torture. Also, it
was found that in the social welfare institutions – homes, other than isolation, the measure of
mechanical restraint with tying of patients is used, although, unlike psychiatric institutions,
there are no legal grounds for either of such conducts.
Acting upon received recommendations of the NPM, and in order to improve the treatment
of beneficiaries, Home for adult persons Kulina and Gerontology Centre Novi Sad adopted
the procedures for implementing the physical restraints - fixations. The Home for adult persons Kulina introduced these improvements by ceasing the measure of the prolonged isolation of one of the beneficiaries. The Records were introduced in the Home for adult and elderly persons ”Gvozden Jovančičević”, Veliki Popovac and the Home for adult persons Kulina
to maintain the log of injuries of beneficiaries, while the expert determination of the cause
and time of death of beneficiaries who passed away in these institutions are no longer conducted by doctors employed in these institutions, but the doctors who have been designated by the local self-governments to provide an expert determination of time and cause of
96 Ministry of Health and the Ministry of Labour, Employment, Veteran and Social Affairs
97 Home for adult persons Kulina, Report no. 281–36/16, Gerontology Center Novi Sad, Report no. 281–58/16, Home for
adult and elderly persons ”Gvozden Jovančičević”, Veliki Popovac, Report no. 281–70/16, Home for the Blind “Zbrinjavanje“, Report no., 281–80/16.
98 Identified after the visit to the National Prevention Mechanism to the Home for persons with mental disabilities
“Otthon“ in Stara Moravica, published on October 6, 2016.
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