Report on the Performance of Activities of the National Preventive Mechanism for 2016
31.
To the Ministry of the Interior, to ensure prompt delivery of case file on freedom of
movement restriction to the administrative court, so that possible deprivation of liberty
may be legally based;
32.
To the Ministry of the Interior, to ensure that within the process of reaching decision on
freedom of movement restriction, criteria of necessity, proportionality and justifiability
are fulfilled;
33.
To the Ministry of the Interior, to increase staff numbers of the Asylum Department in
order to accelerate the decision-making process in response to filed applications for
international protection;
34.
To the Ministry of the Interior, to promptly undertake measures for adopting new
migration policy;
35.
To the Ministry of the Interior, to promptly initiate an investigation regarding return of
irregular migrants to Serbia without prescribed legal procedure or individual process, as
well as regarding treatment by police officers that may represent infringement of Article
3 of ECHR.
III.
CONCLUSION
The state of human rights of persons deprived of their liberty, and those who are not allowed
to leave a facility under public supervision on their own accord, has not significantly changed¬
during 2016. On the positive side, we have found no treatment or conditions that could
represent torture. However, it is necessary to as soon as possible eliminate systemic
shortcomings that endanger or violate constitutional and legal rights of these persons or expose
them to degrading or even inhuman treatment.
Persons deprived of their liberty in the prison system mostly complained about the quality of
healthcare, which should be integrated into the public healthcare system. It is also necessary
to align the accommodation conditions in prisons with the international standards and fill the
systematized job positions, since the lack of prison staff affects the treatment of prisoners and
the realisation of their rights, as well as the level of security. Numerous complaints have been
filed on the treatment by judicial police officers, insufficient legal protection and the work of
the Treatment Department for Prisoners.
A significant number of cases were related to the treatment by police officers, and complaints
filed by the elderly are especially worrying. It is necessary to ensure that the application of
police powers interferes as little as possible with human rights and freedoms, but also to
establish efficient civilian policing oversight. The accommodation conditions need to be aligned
with the international standards, which is still not the case.
52
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents