31
Due to poor conditions of the detention facilities within certain police stations, recommendations to suspend their further use were sent, and most of the police directorates and police stations acted in accordance with the recommendations made by the NPM.95
As examples of detention facilities complying with all necessary requirements, the NPM emphasizes
detention facilities at the headquarters of the Police Directorate for the City of Novi Sad, detention
facilities at the headquarters of the Police Directorate for the City of Pančevo, detention facilities at
the headquarters of the Police Directorate for the City of Belgrade, detention facilities at the Zemun
Police Station and detention facilities at the Čukarica Police Station. These facilities have been renovated
and adapted in accordance with the current standards, providing full respect for the rights of persons
deprived of liberty regarding accommodation conditions. Detention facilities at those police directorates
and police stations are large enough, clean, dry and ventilated, with an adequate flow of fresh air, well
illuminated both by natural and artificial light and appropriately heated.
With regard to the recommendations for the improvement of the material conditions of detention,
all visited police directorates addressed to the Ministry of Internal Affairs, filing the requests to obtain
necessary funds for the renovation of detention facilities, as well as the requests for the procurement
of the necessary means and equipment for detention facilities. Acting in accordance with the NPM
recommendations, the Department for Joint Affairs of the Ministry of Interior sent a memo to all
police directorates in December 2013, calling upon them to submit a list of the necessary means and
equipment for detention facilities (blankets, bedding, mattresses, first aid kits, etc..), in order to include
them in the procurement plan for 2014.
In accordance with the recommendations of the NPM, during 2013, persons detained in police stations
were provided with a food, from the budget funds earmarked for such purposes. Furthermore, special
electronic records (detention records) are introduced, containing information about all important
events and actions that affect detainees, such as visits of the detainees, nutrition, health checks, etc..
During visits performed by the NPM, police officers and all encountered detainees stated that, at the
time of admission to the detention facility, the information about the detainees’ rights was provided
verbally. However, on the basis of detention files review, it has been observed that in some police stations, information in writing regarding the detainees’ rights has not been given to persons who have
been detained on the basis of the Law on Misdemeanors and Law on Road Traffic Safety. Furthermore, in
some police stations96, it has been observed that detainees “due to safety reasons” were not allowed to
carry decision on detention, i.e. detention order as well as other relevant documentation, inside the detention premises; aforementioned documentation is seized and returned upon the release from detention. In order to eliminate the aforementioned irregularities, the recommendations were proposed to
public authorities, which affirmed that appropriate actions were taken in this regard.
It was observed that the use of means of coercion increased during 2013. This fact is primarily a
consequence of newly adopted Instructions on the Treatment of Arrestees and Detainees97, which
prescribes a mandatory use of restraints every time when arrestees are being transported to the police
premises.
In respect of a person deprived of his liberty, recourse to physical force which has not been
made strictly necessary by his own conduct diminishes human dignity and is in principle an
infringement of the right set forth in Article 3 of the Convention for the Protection of Human
Rights and Fundamental Freedoms.98
95 NPM report on the visit to the Police Station in Bač, No. 71-151/12; NPM report on the visit to the Police Station in Bečej, No. 71-154/12; NPM
report on the visit to the Police Station in Beočin, No. 71-156/12; NPM report on the visit to the Police Station in Temerin, No. 71-157/12; NPM
report on the visit to the Police Station in Lazarevac, No. 71-25/13; NPM report on the visit to the Police Directorate in Šabac, No. 71-52/13.
96 Traffic Police Unit Smederevo and Police Station Zvezdara.
97 Instructions on the Treatment of Arrestees and Detainees, 01 No. 7989/12-10 from 10.12.2012., item 13, par. 2.
98 European Court of Human Rights judgment, case of Berlinski v. Poland (Appl. nos. 27715/95, 30209/96).
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