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disable the external oversight and supervision by an independent entity, either through
conducting a procedure upon filed complaints or upon its own initiative, or via NPM activities.
Regarding the mentioned issue, the UN Committee Against Torture stressed in its Concluding
Observations of the Second Periodical Report on the Republic of Serbia (item 21.) that the state
is obliged to ensure efficient and independent work of the Protector of Citizens and to enable it
to exercise its mandate, irrelevant of the fact whether criminal proceedings were instigated or
not.
Taking into account that the Protector of Citizens is also discharging NPM mandate, it is
necessary that competent state authorities enable NPM to smoothly conduct its activities in
terms of allowing them to pay visits to all institutions, to access all data and to interview the
persons selected by NPM, irrelevant whether there is another procedure conducted by some
other state authority.
The current accommodation and other living conditions of persons deprived of their liberty are
not in many respects in line with regulation and applicable standards, which due to continuity
is gaining a character of inhumane or degrading treatment.
Current defects in terms of organization and behaviour towards persons deprived of liberty,
such as inadequate accommodation conditions, lack or non-implementation of procedures, lack
of adequate psycho-social treatment and staff, may, particularly in continuity, lead to
inhumane or degrading treatment of persons deprived of liberty.
As the NPM had already stressed in its previous reports, prisoners are not allowed to spend
the available time during a day outside their cells, in the common premises with the other
prisoners with who, there is no prohibition of contact by a court decision. However, the efforts
directed towards the improvement of capacities intended for placement of prisoners are
encouraging. DP Belgrade planned to form, in each block, separate rooms for daily stay, which
would be at the same time used by prisons who do not have prohibited contact. Project design
for the construction of a new facility in the DP Leskovac also plans common premises within
the detention unit. What still causes problem is the fact that prisoners in the most of the cases
are not allowed to be engaged in work, nor are involved in social and cultural activities. In
addition, there are no sufficient conditions for physical activities, particularly in the course of
poor weather conditions.
NPM, alike in its previous reports, indicated the problem that a relatively small number of
women in one detention unit were, while serving their time, placed in isolation often for
unacceptably long time. Even though the isolation / solitary confinement represents special,
i.e. disciplinary measure, within the system of the enforcement of criminal sanctions, which
should be timely restricted, in the current practice, certain prisoners serve their detention
measures that way, which indicates to the negative aspect of the women detention system.
Many of prison capacities still do not apply principle of joint enforcement of sentence. Namely,
in the course of a day convicts do not spend the available time with fellow-convicts in the
common rooms, but are all the time isolated in their cells (alone or in smaller groups).
Convicts are not sufficiently engaged in work, however an extreme advocacy for the
improvement status is evident. Lack of cultural activities is also evident. Procedure for
classification of convicts is not sufficiently transparent. Convicts are not sufficiently explained
criteria for promotion, teachers are primarily dealing with administrating questionnaires.
Mechanisms for promotion in line with the current criteria imply difficult transfer of convicts
into the more favourable correctional groups, which result in the fact that many convicts are
released from prison from the same correctional group they were assigned right upon
admission to the prison.