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Deliberation about the recommendations from the NPM for the year of 2014 would also be an
opportunity to consider actions of the competent authorities taken in line with the conclusions
of the National Assembly of 23 October 2014 concerning the recommendations from the NPM
Report for the year of 201372.
6. Condition and activities of the NPM per areas in 2015
In the course of discharging of its mandate set under the Optional Protocol to the UN
Convention against torture73, National prevention mechanism (NPM) found that status of
persons deprived of their liberty was improved and that there is no torture as an organized and
stimulating phenomenon by state authorities.
Despite the fact that the aforementioned is encouraging, the competent authorities should
strive towards improving the fight against torture, taking into account that the torture is of
situational character, as well as any other ill-treatment, and the fact that those deprived of their
liberty are the persons most exposed to that risk.
In the course of the reporting period certain progresses were observed when it comes to torture
prevention. Throughout the previous years, when visiting prisons, particularly visits to the
closed prisons, a large number of interviewed persons deprived of their liberty stressed that illtreatment is almost a “common phenomenon”. However, in the course of unannounced visits
to the penitentiary institutions (Penal Correctional Institution /PCI/ Požarevac – Zabela, PCI
Niš, District Prison /DP/ Leskovac and DP Belgrade) conducted in the course of 2015, NPM
representatives conducted unsupervised conversations with more than 200 persons deprived
of their liberty, without presence of any prison staff, in the course of which not a single person
mentioned that he/she had been physically ill-treated by officers or other convicts, i.e.
inmates74. Likewise, no one had any visible injuries. From the aforementioned, a general
assessment that there is no torture in Serbia cannot be made, but what encourages is the fact
that possible individual torture and other ill-treatment cases do not constitute any systemic
phenomenon.
Several prisoners, who were, before being committed to prison, detained for 48 hours in the
police detention, mentioned that they were “slapped several times” in the course of hearing,
and that police inspectors insulted them, but they did not have any possibility to prove that,
since they were not inflicted any visible injuries. It would be therefore, for the sake of further
prevention of torture and implementation of more efficient fight against impunity of torture in
the police station, necessary to ensure special premises for hearings, which should be audio
and visually recorded, and the application of police authorities should also be recorded. A
positive step forward is the established practice of the Public Prosecutor’s Office to ask people
that are brought before them how the police officers treated them, i.e. whether they were
subject to any kind of torture or degrading treatment.
Regarding the fight against impunity for torture, the attitude of the Committee for the
Oversight of Security Services of the National Assembly of the Republic of Serbia that the
Protector of Citizens is not authorized to act in the cases already being subject to criminal
prosecution is indicative. The mentioned has seriously put the prevention against torture and
72http://Protector
of
Citizens.npm.rs/index.php?option=com_content&view=category&layout=blog&id=108&Itemid=71
73 Adopted on December 18, 2002 at the 57th session of the General Assembly of the UN in line with the Resolution
A/RES/57/199, entered into force of June 22, 2006
74 All terms, notions, nouns, adjectives and verbs in this Report used in the masculine gender, refer with no
discrimination to the persons of feminine gender
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