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Pursuant to Article 8, paragraph 1 of the Law on National Assembly (“Official Gazette”, No. 9/10) and
Article 238, paragraph 5 of the Rules of Procedure of the National Assembly (“Official Gazette of RS”, No.
20/12 – consolidated text),
On the Fourth Sitting of the Second Regular Session in 2014 held on 23 October 2014, The National
Assembly hereby passes this
CONCLUSION
BASED ON A REVIEW OF THE REPORT ON ACTIVITIIES OF THE
NATIONAL PREVENTIVE MECHANISM FOR 2013
1. The National Assembly finds that in his report on the activities of the National Preventive Mechanism
for 2013, the Protector of Citizens comprehensively presented the activities of the Protector of Citizens
in the capacity of the National Preventive Mechanism within his scope of his powers under constitution
and law and assessed the situation and the quality of exercise and protection of the rights of persons
deprived of liberty, highlighting the necessary improvements of the situation and prevention of torture
and other forms of abuse.
2. With regard to the assessment of the Protector of Citizens that the competent public authorities fail
to comply with their duties in the fight against impunity for torture, that they do not always conduct
timely and detailed procedures to determine whether the rights of persons deprived of liberty were
violated, that individual responsibility for violation of these rights and responsibility for omissions in
work and organization of work was apportioned to responsible persons only in few cases, as well as that
few persons responsible for violation of these rights were punished, and particularly having in mind
that the Protector of Citizens and the Constitutional Court identified certain cases of abuse, the National
Assembly orders the competent public authorities to fully comply with their duties in the fight against
impunity for torture, to take all necessary measures and activities to prevent abuse and, in accordance
with the law, to conduct timely and detailed procedures to investigate all substantiated allegations of
abuse and apportion subjective and objective responsibility and to punish those responsible.
3. With regard to the assessment of the Protector of Citizens that many existing detention rooms in
police stations are not compliant with the minimum standards of the European Committee for the
Prevention of Torture regarding necessary accommodation conditions, the National Assembly orders
the Government to allocate necessary funds for construction or refurbishment of detention rooms in
police stations in accordance with the applicable standards in budget proposal for 2015.
4. With regard to the assessment of the Protector of Citizens that the Instructions on Treatment of
Arrested and Detained Persons are not compliant with the applicable regulations and standards and
decisions of the European Court of Human Rights (use of physical restraint, presence of non-medical
staff during physical examinations, lack of duty to install alarms, authorizations of control mechanisms
etc.), which results in dilemmas for police officers regarding exercise of police authorities and divergent
practices in their actions, the National Assembly orders the Ministry of Internal Affairs to make the
Instructions on Treatment of Arrested and Detained Persons compliant with the applicable regulations,
standards and decisions of the European Court of Human Rights.
5. Due to significant shortcomings, pointed out by the Protector of Citizens in his Report, regarding active
individual and collective correctional work of correctional officers with convicts, work engagement of
convicts and their education, use of a system of subsequent reclassification of convicts which enables
convicts to progress into a more favorable correctional group in case of good behavior, preparation
of convicts for release and establishing of cooperation with social welfare organizations, the National
Assembly orders the Administration for the Enforcement of Penal Sanctions of the Ministry of Justice to
improve treatment of convicts in order to rectify the said shortcomings and emphasizes the duty to pass
regulations for implementation of the law in accordance with the applicable standards without delay.
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