37
te eaves, i.e. suitable for protection from precipitation. Moreover, facilities intended for
physical activity are inadequate, especially under adverse weather conditions.
Status of detainees is to some extent less favorable than that of the persons already
sentenced to imprisonment i.e. those found culpable of criminal offences, given that
many of the prisoners do not spend most of their time inside the dormitories, detainees are usually spend 23 hours locked in a cell. In addition, detainees are not adequately enabled the realization of the right to education and paid work.
Accommodation and other living conditions of detainees in remand facilities
do not meet current standards.
There are numerous cases whereas a person is held in detention for long periods of
time without being convicted. As a redress, such persons are paid compensations financed from the budget of Republic of Serbia for the time spent in custody and conversely an effective system of subsidizing in Serbia has not yet been established.
The position of female detainees in remand facilities is particularly challenging, who, unlike the male detainees, due to their low numbers, custodial
measures they mainly execute in isolation.
The above stated leads to a conclusion that what is used as a temporary or a disciplinary action against a prisoner represents a common way of execution of pre-trail/trail detentions of detainees.
It was noted that juvenile detainees are accommodated in the remand facilities along with adult detainees, but not for the reason that juvenile judge determined it was in their best interest, but rather due to the lack of accommodation facilities.
It was noted that when accommodating inmates the previous conviction is not taken
into account, so that detainees who have not been previously convicted are usually
placed in the same dormitory with inmates convicted more than once, which is not in
accordance with the regulations.79
79
Law on the Execution of Criminal Sanctions, Article 237, Paragraph 2
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