9
from the fact that medicines are procured individually by institutions, instead of being
purchased through centralised procurement.
Physicians mainly do not exercise their role in the protection against abuse because in certain
cases they fail to identify and describe in detail all injuries observed, particularly because they
fail to provide their opinion about cause and effect between the coercion used or an explanation
how the injuries were inflicted and the injuries observed directly during examination.
Incarcerated persons with mental disorders are still placed in the regular prison system, which
is not appropriate for their needs and causes a large safety risk for those persons and their
environment and is in any case a large burden for staff who are not trained to act in such cases.
In Conclusions 73. of the National Assembly of the Republic of Serbia of 23 October 2014 states:
“The National Assembly orders the Administration for the Enforcement of Penal Sanctions of
the Ministry of Justice to improve its treatment of convicts in terms of provision of health care,
in accordance with the applicable regulations and standards. This is based on the assessment of
the Protector of Citizens that there are serious shortcomings in the provision of health care to
convicts in penal facilities, particularly regarding the provision of necessary medicinal products
and therapy, medical examinations after prison intake procedure, lack of unique medical
examination protocols, failure to perform periodic medical examinations of convicts and daily
medical examinations of patients, inclusion of non-medical staff, placement of convicts with
mental disorders in regular prison regime, failure to submit compulsory periodic reports on
health condition of convicts, sanitary and hygiene conditions in institutions, the quality of food,
physical activities of convicts etc., stipulated by the Law on Enforcement of Penal Sanctions.
Taking into account that the Protector of Citizens repeated his assessments stated in all previous
annual reports that competence for health care services in penal facilities should be transferred
from the Administration for the Enforcement of Penal Sanctions of the Ministry of Justice to the
Ministry of Health, which is one of the preconditions for efficient investigation of allegations of
violent treatment of persons deprived of liberty, the National Assembly emphasizes it is
necessary for the Government to consider this issue as soon as possible and propose to the
National Assembly amendments to the relevant legal arrangements.”
In the field of work of psychiatric hospitals, certain improvements have been observed during
visits in application of procedures for involuntary commitment of patients. Namely, courts
deliberate and decide on involuntary commitment in the manner and within the time limit set
by the law. Hearings are conducted at the hospitals, where persons who are to be committed are
also interrogated, and decisions on involuntary commitment are given to patients. Hospitals
have improved informing of patients on the code of conduct in hospitals and on their rights
through provision of special brochures which are distributed to patients and their families and/
or guardians immediately upon admission for treatment in a hospital. Although some
adaptation and renovation work was done in certain hospitals, the rooms in the large psychiatric
hospital in Kovin are dilapidated and do not meet the applicable standards.
The Law on the Protection of Persons with Mental Disabilities6 contains numerous shortcomings.
It provides that community-based mental health care should be organised as an additional
activity at the existing psychiatric institutions and medical centres, which lack trained human
resources and are unwilling to provide this service. Due to such arrangements, efforts aimed at
deinstitutionalisation in Serbia remain marginal. The Law provides for isolation of psychiatric
patients, which not only violates the applicable standards, but was effectively abolished as a
practice in Serbia many years ago. In addition, the Law sets out the powers of police officers with
regard to maintaining order within psychiatric hospitals, which is not compliant with the
6
Official Gazette of RS, No. 45/13.