18
Protector of Citizens’ competence in respect to the field of protection of rights of persons deprived of their
liberty, under The Law on the Protector of Citizens, is equivalent to the NPM mandate as prescribed in the
Optional Protocol.
In the explanatory note to the Draft Law on designation of the NPM73, material conditions
necessary to execute NPM mandate are envisaged as well as the engagement of required
number of employees in the Expert Service of the Protector of Citizens assuring earmarked
funds as additional funds in the Budget of the Protector of Citizens.74
4. Methodology, resources and organisation of the NPM in 2013
4.1.
Methodology of the NPM
The NPM Serbia in their work uses purely preventive approach. The NPM does not control the legality
and regularity of the competent authorities on individual cases, but directly notifies the organizational
unit of the Ombudsman to act on complaints of persons deprived of their liberty accordingly.
NPM in Serbia conducts visits to institutions in which the persons deprived of their liberty are
placed, according to previously established methodology.
Working methodology of the NPM in Serbia is above all based on the provisions of the Optional Protocol
to establish the NPM mandate conducting regular visits to the institutions in which the persons deprived
of their liberty are or may be placed.
The plan of the NPM in Serbia is to conduct visits to all institutions in which people deprived of
their liberty are placed, within the first four years of operation.
NPM Methodology defines the following types of visits: regular visits, follow-up (control) visits, thematic
visits and extraordinary (ad hoc) visits.
Visits may be announced or unannounced. After the initial period of operation, in which the visits were
mostly announced, the goal is to increase the number of unannounced visits in the future. This will
create a more complete insight of the real situation, which will result in an increase of the preventive
effect.
The NPM methodology of Serbia gives special attention to the preparation and implementation
of unannounced visits to institutions where the persons deprived of their liberty are or may be
placed.
After the initial period, in which the objective of the methodology was to conduct regular visits to all
institutions, it is planned to increase the number of subsequent (follow-up) visits in the future. This
allows monitoring of the situation established during the regular visits, especially the activities of the
competent authorities upon the recommendations directed by the NPM.
The NPM methodology of Serbia gives special importance to the subsequent (follow-up) visits
to the institutions where persons deprived of their liberty are placed.
73
74
Law amending the Law on the Ratification of the Optional Protocol to the Convention against Torture.
Draft Law on Amendments to the Law on the Ratification of the Optional Protocol, explanatory note.
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