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Prison capacities intended for minors and women4 are the central (only) institutions, where 200
persons are placed. In these institutions, particularly in those intended for children, strong
informal systems are created, which generates impossibility of an adequate treatment. The
problem in these central institutions is that certain convicts are so far away from their
residences, which significantly makes contact with family more difficult.
Deficiencies of the health care provided in the prisons are still numerous. As a rule, the first
medical check-ups are provisional, convicts are not checked-up without clothing, nor are there
any protocols regulating the content of such medical check-up. In the practice, they do not
conduct periodical medical check-ups of the convicts. Non-medical staff is generally present
during these check-ups. Lack of drugs is noticeable.
In general, doctors do not play their role in the protection against torture. In certain cases, they
omit to determine and describe in detail all observed injuries, and generally do not issue their
opinion on causal connection with the applied coercive measure or explanation how these
injuries were inflicted – with injuries directly observed in the course of a check-up.
Convicts with mental disorders are placed under the regular prison regime, which does not
correspond to their needs and thereby creates significant safety-related risk for those persons
and their environment, and at any rate, that places a huge burden on the staff members who
are not trained to treat these persons.
Deficiencies of the Law on the Protection of Persons with Mental Disorders 5 are not corrected.
It is prescribed that local services for mental health should be organized as additional activities
of the current psychiatric institutions and health-care centres, which do not have adequately
trained staff nor are interested in that regards. In line with such a solution, all activities related
to deinstitutionalization are hard-to-be observed in Serbia. The Law has introduced isolation
measure for psychiatric patients, which not only is incompliant with the current standards, but
it has not been applied in Serbia for many years. Besides, the Law stipulates the competence of
the police officers regarding maintenance of order within the psychiatric hospitals, which is in
contravention with the applicable standards, taking into account that police officers are
uniformed and armed persons.
The existing psychiatric hospitals are balky, and have several hundred patients staying in
them. They are to the great extent assuming the asylum character, for many of their patients are
segregated from the community for more than one month, and a large number of them for
more than ten years, and some of them even for a lifetime. A phenomenon that a large number
of persons are kept in hospital primarily for socially-related reasons, because there is no form
of support for their treatment within the community is very common.
Court decisions on forced hospitalization of persons with mental disorders are mainly based on
the expertize provided by doctors working in hospitals proposing these measures. Besides,
many cases were observed in which consents for hospitalization were given by police officers
who had brought these persons in agitated conditions, despite the fact that statements given
under such circumstances cannot be regarded as legally relevant.
NPM believes that it is necessary to intensify activities in order to improve the current
legislation, as well as treatment of persons with disabilities placed in the social protection
institutions of a home character. Namely, a large number of persons with mental and
intellectual disorders are placed in dislocated, and often in robust institutions, far from their
community and their social environment. Besides, material conditions of accommodation are in
many of them very poor, not meeting necessary level of psycho-social treatment. All these
Correctional Institution for Women in Požarevac, Juvenile Correctional Institution in Valjevo and Correctional
Institution in Kruševac
5 Official Gazette of the RS, no. 45/13
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