NATIONAL PREVENTIVE MECHANISM: 2017 report
NPM indicates that the institutions where the persons deprived of their
liberty and which were the subject of control procedures, realized very good
cooperation with the Protector of Citizens, which enabled undisturbed realization of his mandate.
With the aim of furhter improvement it is necessary to adjust the provisions of
the Criminal Code with the definition of torture from Article 1 of the UN Convention against Torture. Furthermore, it is necessary to improve significantly the
activities of internal control mechanisms in state bodies, primarily the efficiency
of the prosecutor’s office and courts in the combat against torture.
The manner in which police treats persons deprived of their liberty
During the reporting period NPM continued with the realization of its
mandate by implementation of control procedures of the police operation.
It is encouraging that, pursuant to the practice so far, police implements
majority of NPM recommendations.
In the following period, it is necessary to continue with the improvement
of the existing normative framework which refers to the police operation in
compliance with opinions, intitiatives and recommendations of NPM. Also,
what has not been done is, pursuant to the initiative of the Protector of
Citizens2, to prescribe mandatory sound and visual recording of the use of
means of coercion3, application of the authorization for deprivation of citizens of their liberty, especially apprehension, police arrest as well as hearing of the suspect by police officials. Furthermore, the harmonization of the
provisions which prescribe the application of the police power apprehension
towards persons with mental disabilities with the provisions of the Law on
the Protection of Persons with Mental Disabilities has not been done.
In the previous period many bylaws relevant for the police operation were
passed4. NPM emphasizes the need to pass in recent future other regulations
necessary for the implementation of the Law on Police taking into account
that the legally prescribed deadline for passing bylaws expired.
NPM sent many recommendations which also indicated the need for
amendments to the Instruction on the treatment of apprehended and detained persons, especially with regards to the presence of non-medical staff
http://www.ombudsman.rs/attachments/article/4831/Inicijativa%20za%20dopunu%20zakona
%20-%20snimanje%20ovlašcenja.doc.
3
The draft stipulates only the possibility, not the obligation
4
Primarily, the Regulation on Career Development of Police Officials, the Regulation on the
Principles of Internal Organization of the Ministry of Interior, the Regulation on the Manner
of Implementation of a Disciplinary Procedure, the Police Code of Ethics, the Rulebook on
the Treatment during the Complaining Procedure, the Rulebook on the Treatment during the
Provision of Psychological Assistance for Employees, the Rulebook on the Implementation and
Measures of Specific Health Protection.
2
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