the problem of overcrowding in places of deprivation of liberty and the lack of independence of medical personnel
in prisons. The Committee notes the statement by the delegation that no request by non-governmental organizations
to monitor the institutions for the enforcement of prison sanctions was rejected, but is concerned that prior notice
seems to be required to visit prisons. The Committee is also concerned that a system of inspection of the conditions
of imprisonment by independent experts does not exist (art. 11).
The State party should:
(a)
Ensure the speedy implementation of the prison system reform and, if necessary, seek
technical assistance with the United Nations and other relevant organizations;
(b)
Improve the material conditions of detention in places of deprivation of liberty, in
particular with respect to hygienic conditions and medical care, including giving access to independent
medical personnel on a systematic basis. In this regard, it is important that the State party ensure that
the Ministry of Health monitor the exercise of professional duties of medical staff in prisons; and
(c)
Set up a system of inspection of the conditions of imprisonment by independent experts,
as previously reiterated by the Committee in its recommendation under its article 20 report.
Torture and disability
(16) The Committee notes the State party’s acknowledgement that poor and inadequate treatment takes place in
some institutions and remains concerned at the reports of treatment of children and adults with mental or physical
disability, especially at the forceful internment and long-term restraint used in institutions that amount to torture or
cruel, inhuman and degrading treatment or punishment in social-protection institutions for persons with mental
disability and psychiatric hospitals. The Committee is concerned that no investigation seems to have been initiated
with respect to treatment of persons with disability in institutions amounting to torture or inhuman or degrading
treatment (arts. 2, 12, 13 and 16).
The State party should:
(a)
Initiate social reforms and alternative community-based support systems in parallel with
the ongoing process of de-institutionalization of persons with disability, and strengthen professional
training in both social-protection institutions for persons with mental disability and in psychiatric
hospitals; and
(b)
Investigate reports of torture or cruel, inhuman or degrading treatment or punishment of
persons with disability in institutions.
Ethnic minorities, especially Roma
(17) The Committee, while noting the measures undertaken by the State party, including bringing criminal
charges against persons on charges of ethnically motivated violence towards ethnic minorities and the Action Plan
for Roma Education Improvement (2005), expresses concern at the failure to protect minorities, especially when
political events indicate that they may be at heightened risk of violence (arts. 10, 12 and 16).
The State party should take all appropriate preventive measures to protect individuals belonging to
minority communities from attacks especially when political events indicate that they may be at
heightened risk of violence and ensure that the relevant existing legal and administrative measures are
strictly observed. The State party should also ensure greater ethnic diversity in the police force to
facilitate communication and contacts with all communities in Serbia and ensure that training
curricula and information campaigns constantly communicate the message that violence will not be
tolerated and will be sanctioned accordingly.
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