14
3. Setting-up NPM in Serbia
The Optional Protocol had been signed on 25 September 2003, and ratified on 1
September 2005 by the Republic of Serbia44.
Republic of Serbia had become State Party to the Optional Protocol on 26
September 200645.
3.1.
Designation of the NPM in Serbia
It took four years before Serbia fulfilled its obligation to maintain, designate or establish independent national preventive mechanism for the prevention of torture at the
domestic level, at the latest one year after the entry into force of the present Protocol
or of its ratification or accession.46
NPM in Serbia has been designated by the Law amending the Law on the
Ratification of the Optional Protocol, adopted on 28 July 2011.47
In accordance with the agreement reached during the public debate, new NPM organ in
Serbia was not designated, rather authentic, complex NPM model was adopted for, which implies that all the duties of NPM are carried out by the existing independent state organ, in collaboration with the authorities of the decentralized units and civil sector.
Protector of Citizens shall carry out the duties of the NPM in collaboration
with the Ombudsmen of the autonomous provinces and the associations
(NGOs) whose statute intended goal is the promotion and protection of human rights and freedoms48.
When deciding on a complex NPM model in Serbia, principles related to the status
of national institutions for the promotion and protection of human rights were given
due consideration.49
44
45
46
47
48
49
“Official Gazette of Serbia and Montenegro – International treaties “, No. 16/2005, modifications 2/2006
30 days after the deposit of the instrument of ratification to the Secretary-General of the United Nations
The Optional Protocol, Article 17
Law amending the Law on the Ratification of the Optional Protocol to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment „ Official Gazette of the Republic of Serbia– International
Treaties” No. 7/11
Law amending the Law on the Ratification of the Optional Protocol, Article 2а
The Optional Protocol, Article 18 item 4
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