7 1. Introduction 1.1. General assessment of compliance with the prohibition of torture and other cruel, inhuman or degrading treatments or punishments in the Republic of Serbia1 Human dignity, the right to inviolability of the physical and psychological integrity and the prohibition of torture, inhuman or degrading treatment or punishment are guaranteed by the Constitution of the Republic of Serbia, a number of laws, as well as major conventions ratified by Serbia. However, the general public lacks a clear awareness that every citizen is entitled to basic human rights, including the ones arrested, detained or convicted, asylum seekers or illegal migrants, as well as all persons with mental or developmental problems. Commitment to respecting international standards in Serbia is commonly perceived as something imposed, as acceptance of extraneous rules which are inapplicable in these areas. Thesis on the uniqueness of the culture of human rights, thus on characteristics of traditions and particular customs in these areas, has led to the populist thesis regarding the need for unduly harsh sentencing policies, and sometimes to advocating the justification of abuse. Accordingly, ideas of reintroducing the death penalty, increasing the length of prison sentences, and among other things, possibility of introducing chemical castration as a penal sanction has been constantly suggested. What is encouraging is the impression that awareness of the need to eradicate abuse prevails among authorities in charge of the treatment of persons deprived of their liberty. However, individual cases of ill-treatment of persons deprived of their liberty, established by the Protector of the Citizens in recent years, clearly indicate that they are largely a consequence of the weaknesses of the system established in such manner so as not to prevent the emergence of cases of torture and other cruel, inhuman or degrading treatments or punishments, detection of such occurrences, conduct of their effective investigation and exposure of those responsible and liable for their materialization. At the present time in the Republic of Serbia there are no instances where torture is being organized and encouraged, yet there are individual cases of ill-treatment still tolerated by the authorities. Competent authorities should improve their conduct in combating impunity for torture. One encouraging example is when the Constitutional Court in mid-2013 issued a judgment in which it found that a prisoner’s right to inviolability of the physical and psychological integrity was infringed.2 The decision, inter alia, was based on the factual findings and a recommendation proposed to the competent authorities by the Protector of Citizens himself a year earlier.3 Internal control mechanisms of the state authorities are not sufficiently effective as the methods used are generally not productive. Clearly defined commitment to the competency and independence of these mechanisms would provide a significant contribution to the combat against impunity and prevention of torture in the Republic of Serbia. In many aspects the existing housing and other living conditions of persons deprived of their liberty are not in accordance with the applicable regulations and standards, which in its continuity assume the character of inhuman or degrading treatment. 1 2 3 See more under section 6 of the Report. Decision by the Constitutional Court No. Už-4100/2011. Matter no 12-3630/12.