4 1. Introduction 1.1. General evaluation of compliance with prohibition of torture and other cruel, inhuman or degrading treatment and punishment in the Republic of Serbia 1 The Constitution of the Republic of Serbia guarantees human dignity and inviolability of physical and mental integrity and explicitly prohibits torture, inhuman or degrading treatment or punishment. The Republic of Serbia ratified the main international and regional conventions in the field of protection of human rights, including the UN Convention against Torture and the Optional Protocol to the Convention. Under the Law amending the Law on Ratification of the Optional Protocol enacted in 2011, the Protector of Citizens has been designated as the National Preventive Mechanism (NPM) which acts in cooperation with Ombudsmen of autonomous provinces and associations pursuing the goals of promoting and protecting human rights and freedoms. In 2012, the Protector of Citizens assumed the duties of the NPM in accordance with the Optional Protocol. In the past three years, the Protector of Citizens has performed numerous activities which largely contributed to the prevention of torture and abuse in the Republic of Serbia. Acting in the capacity of the NPM, the Protector of Citizens has persistently faced a lack of awareness of the general public that every citizen is entitled to fundamental human rights, including those arrested, detained, incarcerated or put under surveillance, those placed in psychiatric hospitals or residential social security institutions, those who stay at centres for foreigners or any other person deprived of liberty in any manner by a decision of a public authority. Commitment to prohibition of abuse and torture and to respect of other international standards in the field of protection of human rights was in Serbia for a long time perceived as something imposed from outside, as acceptance of foreign rules that have no footing in these parts of the world. The theories put forth that claimed the local culture of human rights had its specific aspects and that local tradition should be taken into account resulted in views that penal policy should be made more stringent, while some have even gone so far as to justify abuse. We have also periodically witnessed renewed populistic cries for the re-introduction of the death penalty and repeated motions to introduce chemical castration. What is encouraging is that the prevailing opinion of the public authorities responsible for the treatment of persons deprived of liberty appears to be that abuse and torture must be eliminated; it is also encouraging that the required level of cooperation with the Protector of Citizens acting in the capacity of NPM has been achieved and that most of the 1,000-strong recommendations issued have been complied with, which has brought about to a significant change in the public perception of prohibition of torture, with many instances of improved treatment of persons deprived of liberty. On 23 October 2014, the National Assembly of the Republic of Serbia passed conclusions based on a review of the Report on Activities of NPM for 2013, which stated that in his report on the activities of NPM, the Protector of Citizens comprehensively assessed the situation and the quality of exercise of the rights of persons deprived of liberty, highlighting the necessary improvements of the situation and prevention of torture and other forms of abuse. In addition, the National Assembly ordered the competent authorities to implement these recommendations without delay and to notify the National Assembly thereof in writing by 31 December 2014 at the latest, but the competent authorities failed to do so. 1 For more information, see Chapter 6 of this Report.