32 Based on numerous past visits to places where PDLs are kept, NPM of Serbia did not find evidence of torture in terms of being organized, encouraged or supported by the system. However, during 2012 certain instances of ill-treatment of persons deprived of their liberty were identified. Individual instances of ill-treatment of PDLs are seen to a large extent as a result of deficiencies in the system itself that is established in such manner as not to represent an impediment of occurrences of torture, its exposure, and identification of those responsible for its creation. There was a lack of effectiveness of the internal control mechanisms. Their efficiency increase, which means clear establishment of their competence and independence in their work, would represent a significant contribution to prevention of occurrence of torture. The negative aspects of the status of PDLs in Serbia are largely reflected in the fact that the living conditions in prisons are not in compliance with regulations and existing standards. Deficiencies that are reflected in poor accommodation and other living conditions in institutions, as well as certain neglects or irregularities in the treatment of PDLs in its continuity in itself assume the character of inhuman or degrading treatment. Establishment of adequate police custody facilities, decline of prison overcrowding and renovation of crumbling prison facilities, as well as relocation of patients requiring psychiatric intervention, transfer of patients or other individuals from poorly conditioned asylum institutions being taken care for in the community, are the requirements necessary to be complied with in order to eradicate ill-treatment in Serbia. Serbia is still pending a fundamental confrontation with concerning issues regarding the status and protection of the rights of PDLs, as well as reaching standards by which the rights limitations of these persons should be minimal, necessary and proportionate to the legitimate aim.

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