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particularly those designated for minors, which makes the adequate treatment impossible.
In such central institutions, the problem is that certain prisoners are kept very far from their
residence, which considerably obstructs their contacts with families.
During 2016, the NPM also dealt with the position of transgender persons deprived of their
liberty. The competent authorities were recommended to, upon admission of trans gender
persons to the institution, enable them select whether their personal search would be performed only by the officer of a certain gender or whether the combined search and examination will be conducted, whether the officers are to address the trans gender persons in the
gender these persons feel they belong to, unless otherwise requested by these persons, as
well as to have appropriate training for the staff about the way in which the lesbians, gays,
bisexual, transgender and intersex prisoners should be treated.
Special attention should be paid to the deprivation of liberty and treatment of persons placed
in social welfare institutions – homes. The improvements primarily need to be made to regulations so as to regulate the issue of restricting the rights of persons placed in home social institutions, particularly their forced apprehension and keeping, including their physical restraint.
The conclusion of the NPM is that among the persons deprived of their liberty, the persons
having mental disorders are in the worst position, whether they be placed in social welfare
institutions – homes, psychiatric hospitals or in institutions for enforcement of criminal sanctions.77
There are numerous acts in which the NPM stated that persons with severe mental disorders
should not be placed under regular prison regime. Moreover the NPM points out that persons
suffering from serious mental disorders who committed an offence containing the elements
of criminal act, who do not pose particular threat upon the society, should not be processed
based on the Criminal Procedure Code, but rather be kept and placed in a psychiatric institution, pursuant to the Law on Protection of Persons with Mental Disorders. It is unacceptable to
keep persons having serious mental disorders in custody due to the threats shared over social
networks or to keep the persons on the security measure of compulsory medical treatment
and care at the health care institution over ten years, due a bicycle theft.
NPM believes that the practice of keeping the persons with mental and/or intellectual disorders at residential institutions (psychiatric hospitals and social welfare institutions – homes)
for a prolonged period, for some of them even for life. This is largely the consequence of
having no resources to provide care and support to these persons outside the institutions.
More specifically, there is no efficient concept of deinstitutionalization in the Republic of
Serbia that would provide the living conditions for persons having mental and/or intellectual disorders within the local community, with their close family. The current concept is not
comprehensive and is based on providing services and administering of accommodation as
a part of care. Instead, it is necessary to establish a unified national care and support concept
for these persons and their families and at the level of local communities form multidisciplinary services that shall be fully equipped in terms of staffing, logistics and finance, to provide
a continuing support and care for the persons that require this, including to their families.
77 Persons serving measures of compulsory psychiatric treatment and stay in health care institutions, detention and
prison sentences.
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