47
For years already, the NPM has been pointing to the necessity of amending the Instructions
on treatment of the detained and brought in persons,83 due to its inconsistency with substantive regulations and standards. Particularly problematic provisions are those laying down the
mandatory use of restraints, particularly when transporting the persons, including the obligation of police officers to attend the medical checkup of the detained person. Despite the
delivered recommendations, the Ministry of Interior has still not initiated an amendment to
the instructions.
According to the information made available to the NPM, the Ministry of Interior failed to
organize trainings of officers from all Police Administrations in the Republic of Serbia on the
treatment of persons having mental disorders.
An additional and important prevention and protection measure against mistreatment of persons deprived of their liberty is recording the collected notifications from citizens (the interviews) and interrogation of suspects. The Ministry of Interior was addressed with recommendations to, in cooperation with the Ministry of Justice, within the legal powers, ensure funds
and required technical equipment for audio and visual recording of interrogation process.84
However, this recommendation has not been acted upon yet.
GENERAL RECOMMENDATIONS FOR ELIMINATION OF SHORTCOMINGS
Police officers should not be present in the course of the medical checkups of
detainees, unless this is exceptionally required by the doctor. Police officers need
to timely provide any available information to the doctor, where relevant for the
doctor do decide about the presence of a police officers in the course of a medical
checkup of a detainee.
The Ministry of Interior needs to refurbish the existing and provide new premises
for the police detention in accordance with the current standards.
The Ministry of Interior should align individual provisions of the Instructions on
treatment of the detained and brought in persons with the applicable regulations
and standards.
The Ministry of Interior should organize training for police officers in all police
administrations of the Republic of Serbia on the treatment of persons with mental
disorders.
The Ministry of Interior should, in cooperation with the Ministry of Justice and
within the legal powers, provide funds for the required technical equipment for
audio and visual recording of the hearing process.
83 01 no. 7989/12-10 dated December 12, 2012.
84 Report on visit to Police Administration in Niš, no. 281-24/16, ref. no. 18085 of May 17, 2016 and Report on teh visit to
Police Administration in Leskovac, no. 281-40/16, ref. no. 23301 of June 20, 2016.
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