11 In Conclusions 74. of the National Assembly of the Republic of Serbia of 23 October 2014 states: “With regard to the assessment of the Protector of Citizens that in social welfare homes a number of children with mental disorders and/ or intellectual disabilities are isolated, and having in mind the position of the UN Committee against Torture that isolation of persons with severe or acute mental disorder is not allowed, as well as the position of the UN Special Rapporteur on Torture that isolation of such persons, regardless of its duration, constitutes cruel, inhuman or degrading treatment, the National Assembly orders the competent public authorities to take all available measures to prevent social welfare homes from isolating children with mental disorders and/ or intellectual disabilities.” Public authorities have not established a systemic approach which would ensure effective actions in accordance with the applicable regulations and international standards in the field of asylum-seeking and migrations. According to the figures of the Ministry of Internal Affairs, in 2014 there were 23,429 foreign nationals who illegally entered the territory of the Republic of Serbia, mostly from the warstricken areas and majority of them intending to continue on to Northern and Western European countries. In that period, certificates have been issued to 16,730 foreigners who expressed a wish to seek asylum in the Republic of Serbia. During visits to places where foreigners are registered, the NPM found that these certificates had been issued by default to all foreigners who came, although most of them never stated any intent to seek asylum in the Republic of Serbia. This is supported by the fact that, out of the total number of foreigners registered, only 388 of them have applied for asylum and almost all of them left Serbia within a short period of time. The NPM believes that an insufficiently effective system for managing migration flows through the Republic of Serbia has resulted in an increase in the number of illegal entries by irregular migrants into the country. For that purpose, the Protector of Citizens, acting in the capacity of the National Preventive Mechanism, issued 27 recommendations to the Ministry of Internal Affairs and the Commissariat for Refugees and Migration in early 2014 for potential improvements in the treatment of irregular migrants/asylum-seekers in the Republic of Serbia. In 2014 his activities were focused on overseeing compliance with these recommendations, which prompted a large number of visits to relevant authorities and institutions. On the basis of direct inspection of activities of the competent authorities and collected data, NPM found that the competent authorities have not complied with the majority of recommendations issued. Foreigners who obtained certificates of their intent to seek asylum in the Republic of Serbia de facto legalised their stay in the Republic of Serbia; however, instead of reporting to an asylum centre within 72 hours, they move towards Serbia’s Northern border, unimpeded by the police. It is beyond believe that the competent authorities allow thousands of these migrants to move individually across the territory of the Republic of Serbia, without any restrictions or control. This has given rise to an informal system which has taken on an important role with regard to the position of migrants and their crossing of borders to neighbouring countries, with ample scope for corruption among Serbian officials. In Conclusions 72. of the National Assembly of the Republic of Serbia of 23 October 2014 states the following: “With regard to the assessment of the Protector of Citizens that there are numerous illegalities and irregularities in the treatment by competent authorities of irregular migrants and foreigners who expressed their intention to seek asylum in the Republic of Serbia, the National Assembly, endorsing all recommendations the Protector of Citizens gave to the Ministry of Internal Affairs and the Commissariat for Refugees and Migration in that regard, orders the authorities to which those recommendations were given to fully implement them without delay, particularly to register all migrants who entered into the territory of the Republic of Serbia, to keep migrants under full control of the competent authorities pending final

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents