47
I/I Part One
–
Recommendations made in 2014 in the Reports
of Visits conducted in late 2013
I/I - 1 Police Administration of the City of Belgrade and the police stations it comprises128:
Written notice of the rights of persons remanded in custody shall be given whenever persons are
remanded in custody on any grounds (Code of Criminal Procedure, Law on Police, Law on
Misdemeanours and Law on Road Safety).
The Ministry of Interior shall amend the existing Instructions on Treatment of Persons brought
in by Police and Persons in Custody and bring them in compliance with the relevant standards
of the Council of Europe by stipulating that police officers are not allowed to be present during
medical examination of persons deprived of liberty, unless explicitly asked to do so by the
attending physician. Police officers shall be present during medical examination only at the
explicit request of a physician, which fact shall be recorded in an official note.
The documentation/case files compiled in connection with the deprivation of liberty or
remanding in custody cannot contain medical records of the person created in connection with
the medical examination of the person concerned after the passing of a decision to remand the
person in police custody or in the period immediately preceding the passing of such decision. If
a medical doctor or another health care professional who examines a person remanded in
custody under a relevant decision or who attends to such person in other ways believes it is in
the best medical interest of the patient/person remanded in custody to provide a police officer
with certain information and/or instructions, i.e. medical data (e.g. if medicines must be
administered at specific intervals, if special handling is required etc.), the medical doctor or
another health care professional shall provide such information and/or instructions to the police
officer in charge. The police officer in charge shall make an official note of the information thus
received without delay, which information shall be included in that person’s custody files.
The Police Station in Zvezdara shall provide persons remanded in custody without delay with a
decision or order to remand them in custody, as well as all other relevant documentation (notice
of the person’s rights, receipt for confiscated items, medical report etc.) and persons remanded
in custody shall be allowed to keep this documentation on their person while they are remanded
in custody.
The Police Station in Stari grad shall create a custody report on the standard form also for any
persons remanded in custody under the Code of Criminal Procedure and the Law on Road Safety
and all custody reports shall be made available to the persons remanded in custody, who shall
sign such reports; alternatively, if a person in custody refuses to sign a report, a note to that effect
shall be included in the report.
The Ministry of Interior shall amend the Instructions on Treatment of Persons brought in by
Police and Persons in Custody by stipulating that binding is to be applied only when strictly
necessary, rather than whenever a person in custody is transported, as is currently the case.
At the Police Administration of the City of Belgrade, police officers shall not use handcuffs on
every person brought in by police vehicles; instead, this shall be done only when justified reasons
pertain, in the cases provided for by the law.
128
Report of the Visit to the Police Administration of the City of Belgrade, 71-71/13.
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