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Pursuant to Article 8, paragraph 1 of the Law on National Assembly (“Official
Gazette”, No. 9/10) and Article 238, paragraph 5 of the Rules of Procedure of the National
Assembly (“Official Gazette of RS”, No. 20/12 - consolidated text),
On the Fourth Sitting of the Second Regular Session in 2014 held on 23 October 2014, The
National Assembly hereby passes this
CONCLUSION
BASED ON A REVIEW OF THE REPORT ON ACTIVITIIES OF
THE NATIONAL PREVENTIVE MECHANISM
FOR 2013
1. The National Assembly finds that in his report on the activities of the National
Preventive Mechanism for 2013, the Protector of Citizens comprehensively presented the
activities of the Protector of Citizens in the capacity of the National Preventive Mechanism within
his scope of his powers under constitution and law and assessed the situation and the quality of
exercise and protection of the rights of persons deprived of liberty, highlighting the necessary
improvements of the situation and prevention of torture and other forms of abuse.
2. With regard to the assessment of the Protector of Citizens that the competent public
authorities fail to comply with their duties in the fight against impunity for torture, that they do
not always conduct timely and detailed procedures to determine whether the rights of persons
deprived of liberty were violated, that individual responsibility for violation of these rights and
responsibility for omissions in work and organization of work was apportioned to responsible
persons only in few cases, as well as that few persons responsible for violation of these rights
were punished, and particularly having in mind that the Protector of Citizens and the
Constitutional Court identified certain cases of abuse, the National Assembly orders the
competent public authorities to fully comply with their duties in the fight against impunity for
torture, to take all necessary measures and activities to prevent abuse and, in accordance with
the law, to conduct timely and detailed procedures to investigate all substantiated allegations of
abuse and apportion subjective and objective responsibility and to punish those responsible.
3. With regard to the assessment of the Protector of Citizens that many existing detention
rooms 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 detention rooms in police stations in accordance with the applicable standards
in budget proposal for 2015.
4. With regard to the assessment of the Protector of Citizens that the Instructions on
Treatment of Arrested and Detained Persons 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,
authorizations 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
Arrested and Detained Persons compliant with the applicable regulations, standards and
decisions of the European Court of Human Rights.
5. Due to significant shortcomings, pointed out by the Protector of Citizens in his Report,
regarding active individual and collective correctional work of correctional officers with
convicts, work engagement of convicts and their education, use of a system of subsequent
reclassification of convicts which enables convicts to progress into a more favorable correctional
group in case of good behavior, preparation of convicts for release and establishing of
cooperation with social welfare organizations, the National Assembly orders the Administration
for the Enforcement of Penal Sanctions of the Ministry of Justice to improve treatment of convicts
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