1.3. Optional Protocol
1.3.1. State Party
The Republic of Serbia signed the OPCAT on 25 September 2003, it passed the Law on
Ratification 3 on 1 December 2005 and became a State Party of the OPCAT on 26 September 2006.
1.3.2. Designation of the NPM
Under the Law amending the Law on the Ratification of the Optional Protocol, adopted on 28
July 2011 at the sitting of the Republic of Serbia National Assembly, the Protector of Citizens
was designated as the authority performing the duties of the NPM.
1.3.3. Model of the NPM
The Model of the NPM in the Republic of Serbia is defined by the relevant law. It stipulates that
the Protector of Citizens shall carry out the duties of the NPM in collaboration with the
Ombudsmen of the autonomous provinces and the associations whose statute intended goal is
the promotion and protection of human rights and freedoms.
1.3.4. Reasons for selection
The Law stipulates that the Protector of Citizens discharges the function of the NPM for a
number of reasons.
Namely, the mandate of the Protector of Citizens under the Law on the Protector of Citizens
covers the competences and powers of the NPM stipulated by the OPCAT, including visits to
the institutions at which PDLs are kept, interviews with them, access to data, making
recommendations to the competent authorities, informing the general public on the presence of
torture and promoting the status of PDLs.
In addition to the above, it was observed that the Protector of Citizens had been pursuing
intensive preventive activities as its team of experts, i.e. the “Prevention Mechanism of THE
Protector of Citizens”, kept paying visits over a period of two (2) years to police stations,
detention units, prisons, stationary-type social welfare institutions, mental institutions, shelters
for asylum-seekers, etc.
In addition to the above, a decisive reason was also the fact that the Protector of Citizens has
been recognized as the body acting on the basis of the Paris Principles, which is why in April
2010 it was accredited as a National Human Rights Institution (NHRI) within the system of the
United Nations and given “A” status.
The reason for stipulating cooperation between the Protector of Citizens and the Ombudsmen of
the autonomous provinces and associations in performing the NPM duties is that the provincial
Ombudsman of the Autonomous Province of Vojvodina and numerous associations of citizens
have for many years now been extremely active in protecting the rights of PDLs and in
preventing torture as well as that they hold a wealth of know-how in monitoring the institutions
where PDLs are held.
3
Law on the Ratification of the OPCAT ("Official Gazette of Serbia and Montenegro - International Treaties", no. 16/05 and
2/06, "Official Gazette of the Republic of Serbia - International Treaties", no. 7/2011)