19
The Protector of Citizens shall carry out the duties of the NPM in cooperation with Ombudsmen
of the autonomous provinces and associations pursuing the goals of promoting and protecting
human rights and freedom57.
When this complex NPM model was chosen in Serbia, due consideration was given to the
principles relating to the status of national institutions for the promotion and protection of
human rights58.
Pursuant to the Serbian Constitution59, the Protector of Citizens is an independent public authority
which protects the citizens’ rights and oversees work of public administration authorities and
any other authorities vested with public powers60. Under the Law on the Protector of Citizens61,
the Protector of Citizens is an independent public authority which autonomously performs its
duties and protects and ensures promotion of citizens’ rights62. In April 2010 the Protector of
Citizens was recognised as an authority acting on the basis of the Paris Principles63.
The Protector of Citizens is an independent and autonomous public authority, a general-type
Ombudsman, accredited as a National Human Rights Institution with the “A” status at the
International Coordinating Committee (ICC).
Under the Law on the Protector of Citizens, the Protector of Citizens is authorised to visit places
where persons deprived of liberty are placed, to interview in private persons deprived of liberty
and all employees in such institutions and to access any information of relevance for
achievement of the objectives of his preventative actions, regardless of the degree of
confidentiality of such information64.
The powers of the Protector of Citizens in the field of persons deprived of liberty set out by the
Law on the Protector of Citizens is equivalent to the NPM mandate specified by the optional
Protocol.
The statement of reasons for the draft law establishing the NPM65 contemplates the provision of
the material resources needed for the exercise of the NPM’s mandate, including the employment
of the necessary number of staff at the Secretariat of the Protector of Citizens, and the provision
of the necessary funds as a dedicated line within the budget of the Protector of Citizens 66
4. Methodology, Resources and Organisation of NPM in 2014
4.1.
Methodology of NPM
The approach taken by the Serbian NPM is exclusively preventative. The NPM does not oversee
the lawfulness and regularity of work of the competent institutions on a case-by-case basis;
instead, it timely notifies about this the organisational unit of the Protector of Citizens which acts
on complaints of persons deprived of liberty.
The Serbian NPM visits institutions where persons deprived of liberty are placed according to
the previously established methodology.
Article 2а of the Law amending the Law on Ratification of the Optional Protocol.
Article 18, item 4 of the Optional Protocol.
59 Official Gazette of RS, No. 98/2006.
60 Article 138, paragraph 1 of the Serbian Constitution.
61 Official Gazette of RS, No. 79/2005 and 54/2007.
62 Article 1, paragraph 1 and 2 and Article 2, paragraph 1 of the Law on the Protector of Citizens.
63 http://www.ohchr.org/Documents/Countries/NHRI/Chart_Status_NIs.pdf.
64 Article 21 paragraphs 1 and 2 and Article 22 of the Law on Protector of Citizens.
65 The Law amending the Law on Ratification of the Optional Protocol to the Convention against Torture.
66 Draft Law amending the Law on Ratification of the Optional Protocol, explanation.
57
58
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