18
consideration the relevant norms of the United Nations, as well as to submit proposals and
observations concerning existing or draft legislation48.
The States Parties shall guarantee the functional independence of the NPM as well as the
independence of their personnel49.
No authority or official shall order, apply, permit or tolerate any sanction against any person or
organisation for having communicated to the NPM any information, whether true or false, and
no such person or organisation shall be otherwise prejudiced in any way50.
The States Parties undertake to make available the necessary resources for the functioning of the
NPM51.
The relation between NPM and public authorities is based on the principles of trust and
cooperation.
The competent authorities of the State Party concerned shall examine the recommendations of
the NPM and enter into a dialogue with it on possible implementation measures52.
The competent authorities of the State Party must publish and distribute annual reports of the
NPM.
3.3.
Setting up of NPM in Serbia
Serbia signed the Optional Protocol on 25 September 2003 and ratified it on 1 December 200553.
Serbia became a State Party to the Optional Protocol on 26 September 200654.
With four years of delay, Serbia complied with its duty to maintain, designate or establish
independent national preventive mechanism at the latest one year after the entry into force of
the Optional Protocol or of its ratification or accession.55
Serbian NPM has been established under the Law amending the Law on Ratification of the
Optional Protocol adopted on 28 July 2011.56
In accordance with the agreement reached during a public debate, Serbia did not form a new
NPM authority; instead, Serbia opted for an authentic, complex NPM model, which implies that
the tasks of the NPM are carried out by the existing independent public authority in cooperation
with authorities of decentralised units and the civil sector.
Article 19 of the Optional Protocol.
Article 18, item 1 of the Optional Protocol.
50 Article 21, item 1 of the Optional Protocol.
51 Article 18, item 3 of the Optional Protocol.
52 Article 22 of the Optional Protocol.
53 Official Gazette of Serbia and Montenegro - International Agreements, No. 16/2005, amendments 2/2006.
54 30 days after the ratification instrument was submitted to the United Nations Secretary-General.
55 Article 17 of the Optional Protocol.
56 The Law amending the Law on Ratification of the Optional Protocol to the Convention against Torture and other
Cruel, Inhuman or Degrading Treatment or Punishment , Official Gazette of RS – International Agreements, No.
7/11.
48
49
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