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NPM was established in Serbia by the Law on Amendments to the Law on Ratification of Optional Protocol, adopted on July 28th 2011.51
In line with the consensus reached in the public debate, no new NPM entity was established
in Serbia, instead of which a complex model of the NPM was chosen, which implied that all
NPM tasks would be performed by the existing independent state authority in cooperation
with the decentralized units and the civil sector. 5152
The Protector of Citizens is performing the tasks of the NPM in cooperation with
the Autonomous Province Ombudsmen and associations whose statute envisages
improvement and protection of human rights and freedoms.52
In the course of selection of the complex NPM model in Serbia, all principles related to the
status and functioning of the national institutions for the improvement and protection of
human rights were taken into account53.
By virtue of the Republic of Serbia Constitution54, the Protector of Citizens has been established as an independent state authority protecting the rights of citizens and controlling the
work of state administration bodies and other holders of public powers55. The Law on Protector of Citizens56 establishes the Protector of Citizens as an independent state authority, having
autonomy in discharging its work that protects and takes care of improving the rights of citizens57. In April 2010, it has been recognized as the authority whose actions are based on
the Paris Principles58.
The Protector of Citizens is an independent and autonomous state authority, the
ombudsman having universal competences, accredited as a national institution
for the human rights with the “A” status with the International Coordinating Committee (ICC).
The Protector of Citizens is authorized under the Law on the Protector of Citizens to visit
any institution accommodating the persons deprived of their liberty, to talk in private with
them and with any employee of the institution and also to have access to all data relevant for
achieving the goal of the prevention, irrespective of the level of secrecy59.
51 Law on Amendments to the Law on Ratification of Optional Protocol to the Convention against Torture and
other cruel, inhuman or degrading treatment or punishment, „Official Gazette of the RS – International Treaties”
no. 7/11.
52 Law on Amendments to the Law on Ratification of Optional Protocol, Article 2а.
53 Optional Protocol, Article 18 Item 4.
54 “Official Gazette of RS”, no. 98/2006.
55 Constitution of the Republic of Serbia, Article 138, Para 1.
56 “Official Gazette of RS”, no. 79/2005 and 54/2007.
57 Law on Protector of Citizens, Article 1, Para 1 and 2 and Article 2, Para 1.
58 http://www.ohchr.org/Documents/Countries/NHRI/Chart_Status_NIs.pdf .
59 Law on Protector of Citizens, Article 21, Para 1 and 2 and Article 22
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