35
General recommendations for remedying the identified shortcomings
The inadequately equipped detention units should be upgraded and made compliant with
the applicable regulations and standards.
The Administration for Enforcement of Penal Sanctions should take the necessary
activities to amend the Bylaw on Enforcement of Detention Measures, which would
contain detailed provisions to allow detainees to spend the spare time during the day
outside their cells, in communal areas with other detainees, unless they have been
segregated from them under court orders and to allow detainees to work and to participate
in social and cultural activities.
Detainees should be allowed to work and to participate in social and cultural activities.
The necessary activities should be undertaken to ensure that female detainees are not
placed in de facto solitary confinement due to their low numbers.
When assigning detainees to dormitories, the severity of the crime for which they are
indicted should be taken into account.
Detainees with severe disabilities in detention units should be provided with appropriate
accommodation, treatment and rehabilitation.
6.3.
Enforcement of penal sanctions
In the course of 2014, the NPM conducted two scheduled visits to penal and correctional facilities
and a visit to the Juvenile Correctional Facility in Kruševac. In early 2014, a Report with
Recommendations was issued to the Juvenile Penal and Correctional Facility in Valjevo, which
pertained to a visit conducted in late 2013. The said reports contained a total of 114
recommendations. Of that number, the competent authorities have implemented 51
recommendations, 25 need a follow-up, while 38 recommendations have not been implemented.
The Republic of Serbia has enacted the new Law on Enforcement of Penal Sanctions101 and its
implementing instruments have been enacted, as well as the Law on Enforcement of NonCustodial Sanctions and Measures.102 The Action Plan on Implementation of the Strategy for
Development of the System for Enforcement of Criminal Sanctions in the Republic of Serbia by
2020103 has also been passed and a network of offices for alternative sanctions has been formed.
Although certain facilities have been upgraded during the reporting period to meet the
applicable standards relating to material conditions and other living arrangements, many rooms
in penal and correctional facilities remain dilapidated. Large penal and correctional facilities
(“Zabela” in Požarevac and facilities in Sremska Mitrovica and Niš) remain overcrowded.
Accommodation conditions and other living arrangements for convicts and persons charged
with misdemeanours at certain prison facilities still do not comply with the applicable standards.
There is only one penal and correctional facility for incarcerated women and one juvenile
correctional facility for the incarceration and correctional commitment of juvenile offenders. The
fact that there is only one institution where juveniles are incarcerated and one where they are
placed in the juvenile corrections system (in Valjevo and Krusevac respectively), both of which
are overpopulated, creates fertile ground for informal systems which undermine the effects of
correctional sessions. This also prejudices the principle that persons should serve their sentences
as close to their place of residence as possible, thus making regular contact with family members
and close persons more difficult. The principle of incarceration as close to the place of residence
Official Gazette of RS No. 55/14.
Official Gazette of RS No. 55/14.
103 Resolution the Government 05 No. 021-8527/14 of 7 August 2014.
101
102
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