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It is necessary to develop a system of continual training on human rights for judges, prosecutors,
decision-makers and all officers directly treating persons deprived of liberty in the Republic of
Serbia, particularly trainings on prohibition of torture and other forms of abuse.
The conditions for police detention in certain police stations have been improved, but there is
still a large number of inadequately equipped custody cells in certain police stations, i.e. They
are not compliant with the applicable standards. The police interrogate suspects in rooms which
do not have audio and video surveillance equipment.
In Conclusions 73. 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 many existing custody cells 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 custody cells in police stations in accordance with the applicable standards in budget proposal
for 2015.”
In spite of recommendations by NPM, the applicable Instructions on Treatment of Persons
brought in by Police and Persons in Custody of the Ministry of Internal Affairs has not been
improved and in accordance with its provisions, which are not compliant with the applicable
standards, police officers are mainly present during medical check-ups of detained persons; the
installed video surveillance systems invades the privacy of detained persons in a large number
of cases (toilets are also under video surveillance); police officers mainly put handcuffs on
detained persons during transport.
In Conclusions 73. 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 the Instructions
on Treatment of Persons brought in by Police and Persons in Custody 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, authorisations 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 Persons brought in by Police and Persons in Custody compliant with the applicable
regulations, standards and decisions of the European Court of Human Rights.”
There is still an impression that detention is often too readily ordered, that its duration is
excessive and that courts rarely order measures such as bail bonds, which provide an effective
alternative to detention. The circumstances surrounding the enforcement of detention measures,
the violation of the presumption of innocence of detainees and the conditions in which such
measures are enforced constitute a sort of punishment before sentencing.
During the reporting period, the situation improved significantly with regard to overpopulation
of detention units. Most detainees have the space of minimum eight cubic meters and four square
meters at their disposal in dormitories. Although many detention facilities have recently seen
adaptation and refurbishment, some rooms in detention units are dilapidated, worn-down and
unclean. Rooms are not sufficiently aired, which makes the position of non-smokers particularly
difficult because they are placed in the same rooms with smokers. In certain rooms natural light
is insufficient, while artificial lighting is poor.
The problem in the system for enforcement of detention measures in Serbia is that detainees mainly
spend the whole day indoors, locked up in their cells/dormitories. Detainees are as a rule not
allowed to spend spare time during the day outside of their cells, in communal areas with other