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is given to the complex operational issues that cannot be achieved within the institution, or through
individual activities, but it is necessary to attain the cooperation of multiple organs, in which case the
NPM assumes the role of mediator in overcoming the same.
5.6.
Prevention of reprisals against persons cooperating with NPM
The NPM concentrates a lot on the protection from retaliation of persons deprived of their liberty,
employees in the institutions where persons deprived of their liberty are placed, as well as all other
persons who have had contact with the NPM and provided information about the treatment of persons
deprived of their liberty indicating the occurrence of abuse.
In the NPM Serbia, a great importance is given to prevention of retaliation in a way that protects the source
of information or date about persons who have provided information. If their identity is recognized,
the NPM’s preventive activity is achieved through subsequent visits to such persons monitoring their
movements i.e. through the way they are treated by the employees in the detention institutions.
Additionally, the responsible persons and employees of the institutions are pointed out that taking reprisals against persons who have cooperated with the NPM is considered the cruelest way of torture.
5.7.
Improving legislation on prevention of torture
The NPM instructed the competent authorities on the views and opinions regarding the improvement
of legislation in the field of protection of rights of persons deprived of their liberty and prevention of
torture.
During the reporting period, the NPM noted that Guidelines of the Ministry of Interior on the treatment
of detainees brought in contains a number of provisions that are not in compliance with applicable
regulations and standards (competence of the control mechanisms, mandatory binding during
transport of detained persons, the obligatory presence of police officers during medical examinations
of detainees, no need for installing alarm for contacting police officers on duty when there is video
surveillance room).78 The failures in the above mentioned have created doubts of police officers on
the correctness of the ways to exercise police powers, which resulted in urgently recommending the
necessary alignment of the Guidelines with the applicable regulations and standards without further
delay.
In accordance with the recommendation submitted to the Ministry of Health in the Report on the NPM
performance of duties for 201279, to create a legal framework for mental health care in the Republic
of Serbia in accordance with the rules of the international law, applicable standards and Strategy for
Development of Mental Health Care80, stating that treatment and care for people with mental problems
should take place within the community and as closer to the family of ill person, during the reporting
period, specific legislations were enacted to establish the legal framework for deinstitutionalization
in the treatment of people with mental problems. In May 2013, Law on protection of persons with
mental problems81, followed with the Ordinance on the type and specific conditions of structuring
organizational units and performing duties in the mental health care in the community82.
In the Report on the NPM performance of duties for 201283 the emphasis was on the necessity of passing
on the Probation law so as to protect the society from crime with the aim of re-socialization of offenders
and their reintegration into the community, and to assist the victims, damaged parties and their families.
78 Matter No. 78-6/13 and the NPM Report on the visit to the Police Directorate in Belgrade, No. 71-71/13.
79 72/160/12 Report on the NPM performance of duties for 2012.
80 “Official Gazette of the Republic of Serbia”, No. 08/2007.
81 Official Gazette of the Republic of Serbia, No. 45/13.
82 Official Gazette of the Republic of Serbia, No. 106/13.
83 72/160/12 Report on the NPM performance of duties for 2012.
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