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In public, through the media, the presumption of innocence of detainees is
often being violated, so that it creates the impression of detainees already
being liable for the offense they were accused of, yet their culpability has not
been determined by the final judgment.
The above raises legitimate suspicion that by doing so the right of a detainee to a fair
trial is violated. The question is whether the decision of the judge, by which the custodial decision was ordered or extended, was made under pressure if through the media and prior to its adoption a senior state official claimed that the person did commit
an offense, that there is a danger of his escape, and that if he remains free it will certainly disturb the public.
In a large number, pre-trial / trail detention represents punishment prior to
conviction.
During 2012, NPM visited six remand departments77 and sent 20 (twenty) recommendations to remedy identified irregularities.
Based upon conducted visits, it was observed that the position of the detainees was
additionally aggravated by accommodation and other living conditions on account of
generally not being in compliance with pertinent standards; additionally limitations
arising from the necessity for criminal proceedings are placing them at a disadvantage compared to the persons already sentenced to imprisonment.
Remand departments are generally overcrowded; detainees in the main do not avail of space in the dormitories of at least eight cubic meters and four square meters.
Some of them sleep on mattresses on the floor or triple bunk beds, which undermines the idea of a separate bed.
A large number of remand departments facilities are in poor condition, unpainted and
dirty; in many inadequate supply of fresh air makes it especially difficult for non-smokers; some areas receive almost no natural light whereas artificial lighting is reduced
to the extent where reading is not possible without causing damage to the eyesight78;
toilettes are mostly ruined, damp, water is always leaking, sanitary ware are in poor
condition, with no means provided for maintaining hygiene.
Notwithstanding according to valid existing regulations detainees have the right to
spending at least 2 (two) hours outdoors every day, there were cases where less than an
hour a day was actually allowed. Existing walking areas generally do not have adequa77 Execution of custodial measures takes place in the special detention units in the institution for the execution of criminal sanctions.
78 The concerning issue in the District Prison in Belgrade, the largest detention facility in Serbia with over 1,000 detainees, most dormitories do not have windows so that fresh air and natural light can only reach them through the
bars from a shared hallway.
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