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1.
mandate, principles and goals
1.1. MANDATE
The mandate of the Preventive Mechanism for monitoring places of detention of persons
deprived of liberty (hereinafter: Preventive Mechanism), comes within the legal authority of
the Protector of Citizens (Law on the Protector of Citizens, “Official Gazette of the RS”, no.79/2005
and 54/2007) laid down in the Protector of Citizens’ Decision on Establishment of Preventive
Mechanism for monitoring places of detention of persons deprived of liberty, reg.no. 4846, of
2 July 2009.
The Preventive Mechanism conducts monitoring of places of detention of persons deprived
of liberty.
Monitoring places of detention of persons deprived of liberty includes continuous and
systematic gathering, checking and processing of data, as well as determining the situation in
institutions concerning respect of rights of persons deprived of liberty and with regard to that
recommending adequate measures.
Monitoring places of detention of persons deprived of liberty is first of all conducted by visiting
those institutions, as well as by collecting information on the status of persons deprived of
liberty in those institutions in any other way, particularly from: the reports of these institutions
(e.g. filled-in questionnaires); findings of other subjects that conducted monitoring of these
institutions; other activities of the Protector of Citizens; media etc.
Preventive Mechanism is entitled to:
1. Unimpeded and unannounced visits to institutions
2. Unrestricted access to all institutional premises
3. Unrestricted and unsupervised interview with all persons deprived of liberty
4. Unrestricted and unsupervised interview with the personnel
5. Unrestricted access to all records, regardless of degree of confidentiality
6. Unrestricted copying of documentation, regardless of degree of confidentiality
Agreement on bringing of camera and taking of photographs is worked out with the
management of institution
1.2. PRINCIPLES
Principles of functioning of the Preventive Mechanism are set out by the Protector of Citizens’
Decision on Establishment of Preventive Mechanism, as well as by other generally accepted
monitoring principles: do no harm, act strictly according to the law, respect management and
personnel of the institution, adhere to the house rules of the institution and comply with internal
rules, respect established competences and internal job assignments in the institution, do not
become involved in existing interpersonal conflicts in institution, treat all contacted persons
in a polite manner, demonstrate respectful attitude towards the institution that one presents,
act in accordance with the set goal of visit following the determined method of work, respect
the hierarchy and special assignments of the monitoring team members, act in coordination
with other monitoring team members, demonstrate professional behaviour, do not deal with
circumstances that are outside the competence, respect interlocutor’s integrity, avoid any
partiality, draw attention to the confidentiality of interview, show empathy for suffering that
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