32
In a certain number of cases, the NPM has found that reports drawn up by physicians after the
use of force against detainees did not contain information on the alleged origin of any bodily
harm inflicted on the examined persons or the physician’s opinion whether the injuries could
have been caused in the manner alleged by the person in police custody. As a rule, such reports
also do not state whether the examination was conducted in the presence of police officers. To
ensure that the control of justifiability and regularity of any use of force is as impartial and sound
as possible, it is necessary to record all relevant and needed information concerning the
circumstances in which force was used.
Although the recommendations and reports of the NPM have been calling for amendments to
the Instructions on Treatment of Persons brought in by Police and Persons in police Custody90,
the Ministry of Interior has not undertaken any activities to make them compliant with the
positive regulations and applicable standards. Notwithstanding the NPM’s recommendation,
the Police Administration of Sombor has continued the practice of using handcuffs on all persons
who are brought to police stations. It should be noted that, where the use of force is not absolutely
necessary, it constitutes a violation of human rights and dignity and should be resorted to only
where specific circumstances of the case warrant it, taking into account all objective
circumstances.
The NPM is of the opinion that there is no justification for any further delays with regard to
amendment of the provisions91 of the Instructions on Treatment of Persons brought in by Police and
Persons in police Custody which provide for mandatory use of handcuffs when transporting
persons brought in by the police and mandatory attendance of medical examinations of persons in
police custody by police officers.92
In compliance with the NPM’s recommendations, certain positive tendencies have been
observed in 2014; namely, certain police stations93 have improved the conditions in their custody
cells and have adapted them to meet the applicable standards. Furthermore, the police officers
of the police administrations of Kruševac, Novi Pazar, Vranje and Sombor give all persons in
police custody written notice of their rights, while the police officers of certain police stations94
do not keep medical records on police files and instead provide them to the persons concerned,
taking into account the fact that medical records constitute particularly sensitive personal data.
In certain police stations95, police officers do not attend the medical examinations of persons in
police custody. Furthermore, in 2014 police officers have been trained on proper treatment of
persons brought in by the police and persons held in police custody. As part of that training,
they were also trained to provide first aid, while some police stations96 have also provided first
aid kits.
General recommendations for remedying the identified shortcomings
Custody cells in police stations should be made compliant with applicable standards and
the funds required for that purpose should be provided without any further delays.
The Instructions on Treatment of Persons brought in by Police and Persons in police
Custody should be brought in compliance with the applicable regulations and standards.
Instructions on Treatment of Persons brought in by Police and Persons in Custody, 01 No. 7989/12-10 of 10
December 2012.
91 Section 13 paragraph 2 and section 26 paragraph 3.
92 See e.g. judgement of the European Court of Human Rights in Berlinski v. Poland (App. No. 27715/95 and 30209/96),
pp. 59.
93 The Police Administration of Kruševac and the Border Police Station at the “Nikola Tesla” Airport
94 Report of the Visit to the Police Administration of the City of Belgrade case No. 71-71/13, Report of the Visit to the
Police Administration of Sombor case No. 71–5/14, Report of the Visit to the Police Administration of Valjevo, case
No. 71–18/14, Report of the Visit to the Police Administration of Subotica бр, предмета 71– 4/14.
95 Report of the Visit to the Police Administration of Vranje, case No. 71–45/14, Report of the Visit to the Police
Administration of Valjevo, case No. 71–18/14, Report of the Visit to the Police Administration of Novi Pazar, case
No. 71–57/14.
96 The Police Administration of Novi Pazar, the Police Administration of Valjevo, the Police Administration of Sombor.
90
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