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Administration for the Enforcement of Penal Sanctions of the Ministry of Justice to improve
treatment of convicts in order to rectify the said shortcomings and emphasizes the duty to pass
regulations for implementation of the law in accordance with the applicable standards without
delay.
6. It is particularly important to amend regulations on enforcement of penal sanctions
for organized crime without delay, in accordance with the recommendation of the European
Committee for the Prevention of Torture, which assessed the existing penal enforcement
system as borderline inhuman and degrading.
7. The National Assembly orders the Administration for the Enforcement of Penal
Sanctions of the Ministry of Justice to improve its treatment of convicts in terms of provision of
health care, in accordance with the applicable regulations and standards. This is based on the
assessment of the Protector of Citizens that there are serious shortcomings in the provision of
health care to convicts in penal facilities, particularly regarding the provision of necessary
medicinal products and therapy, medical examinations after prison intake procedure, lack of
unique medical examination protocols, failure to perform periodic medical examinations of
convicts and daily medical examinations of patients, inclusion of non-medical staff, placement
of convicts with mental disorders in regular prison regime, failure to submit compulsory
periodic reports on health condition of convicts, sanitary and hygiene conditions in
institutions, the quality of food, physical activities of convicts etc., stipulated by the Law on
Enforcement of Penal Sanctions.
8. Taking into account that the Protector of Citizens repeated his assessments stated in
all previous annual reports that competence for health care services in penal facilities should be
transferred from the Administration for the Enforcement of Penal Sanctions of the Ministry of
Justice to the Ministry of Health, which is one of the preconditions for efficient investigation of
allegations of violent treatment of persons deprived of liberty, the National Assembly
emphasizes it is necessary for the Government to consider this issue as soon as possible and
propose to the National Assembly amendments to the relevant legal arrangements.
9. With the aim of ensuring more efficient and comprehensive control over the work of
the Administration for the Enforcement of Penal Sanctions, the National Assembly advises the
Ministry of Justice to consider the recommendations of the Protector of Citizens on activities
that should be undertaken to separate the supervision unit from the Administration for the
Enforcement of Penal Sanctions, so that the work of institutions and the Administration is
overseen by the supervision unit as a separate organizational unit of the Ministry of Justice,
and also to propose appropriate amendments of laws and other regulations in that regard.
10. The National Assembly endorses the recommendations the Protector of Citizens
gave in the capacity of the National Preventive Mechanism to the competent public authorities
with the aim of improving the position of persons deprived of liberty, i.e. to prevent abuse, and
orders the competent authorities to implement these recommendations without delay and to
notify the National Assembly thereof in writing by 31 December 2014 at the latest.
11. This Conclusion shall be published in the “Official Gazette of the Republic of
Serbia”.
RS No. 73
Done in Belgrade, on 23 October 2014
NATIONAL ASSEMBLY OF THE REPUBLIC OF SERBIA
PRESIDENT
Maja Gojković
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