Report on the periodic visit to Serbia in May/June 2015 and
response of the Serbian authorities
(treatment of persons in police custody and prisons, situation in social care homes)
37. The report highlights that a significant number of allegations of physical ill-treatment of criminal suspects by police officers were received in the course of the visit.
The allegations concerned primarily slaps, punches, truncheon blows and prolonged
handcuffing in stress positions, but also acts which could amount to torture such
as the placing of plastic bags over the head of suspects to induce a sensation of
suffocation and blows to the soles of the feet with non-standard objects such as
wooden floor tiles (so-called falaka). The information gathered by the CPT’s delegation indicates that the infliction of ill-treatment for the purposes of trying to extort
a confession is a frequent practice of criminal investigators, notably at Pančevo and
Niš Police Directorates and Ruma Police Station. In a number of cases, the delegation
gathered medical and other documentation that was consistent with the allegations of ill-treatment made by the detained persons. In this context, it is a matter of
concern to the CPT that the Serbian authorities do not appear to take seriously the
obligation to carry out effective investigations into allegations of police ill-treatment
despite several recent judgments of the European Court of Human Rights finding
an Article 3 violation against Serbia concerning such investigations.
In the report, the CPT recommends that the Serbian authorities adopt a multi-faceted
approach to end ill-treatment by police officials, including the establishment of an
effective independent system of complaints against police misconduct, ensuring
the right of notification of custody and improving the quality of assistance provided
by ex officio lawyers.
In their response, the authorities describe the functioning of the system of accountability of law enforcement officials for police misconduct. The Ministry of the Interior
underlines that it has conducted internal investigations at the police directorates
of Valjevo, Niš, Sremska Mitrovica and Pančevo, and it rejects the CPT’s allegations,
finding that the police officers concerned acted in accordance with the regulations
in force.
38. As regards prisons, the CPT’s delegation received numerous allegations of
physical ill-treatment of inmates by staff including at Sremska Mitrovica and Niš
Correctional Institutions, Pančevo District Prison and Valjevo Juvenile Correctional
Institution. The alleged ill-treatment consisted mainly of slaps, punches and blows
with truncheons, and clearly indicated a practice by some officers of resorting to
violence as a means to control recalcitrant and/or agitated inmates or as an informal punishment. In a number of cases, inmates bore visible marks on their bodies
which were assessed by the delegation’s forensic doctor as being compatible with
the alleged ill-treatment. Further, inter-prisoner violence and intimidation was a
frequent occurrence, in particular at Sremska Mitrovica Correctional Institution
and Pančevo District Prison. This phenomenon was fuelled by a number of factors
such as chronic understaffing, illicit drug use, poor material conditions and a lack
of activities. The CPT makes a series of recommendations to address these issues. It
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