the activities of the National Preventive Mechanism in cooperation with Ombudsmen of
Autonomous Provinces and associations whose statute foresees that the intended aim of
association is the promotion and protection of human rights and freedoms.
The Law on the National Assembly252 stipulates, among other things, that the National
Assembly, in its voting capacity, elects and dismisses the Protector of Citizens and, within its
oversight capacity, oversees the work of the Protector of Citizens.
The Law on the Serbian Armed Forces253 stipulates that the Protector of Citizens also executes
democratic civilian oversight of the Army, as well as that the regulations on the Protector of
Citizens referring to the protection and exercise of rights of citizens are also applied to the
professional members of the Serbian Armed Forces.
The Criminal Procedure Code254 stipulates that the Protector of Citizens has the right to visit
detainees freely and to talk to them without the presence of other persons, and that the
detainee cannot be prohibited from having correspondence in writing with the Protector of
Citizens. The law also envisages the obligation of a penal judge, or another judge assigned by
the president of the court to inform the Protector of Citizens without delay of any irregularities
observed during the visit to the institution.
Law on the Enforcement of the Prison Sentence for Criminal Offences of Organized Crime
255 stipulates, inter alia, that the oversight of the work of the Special Units carried out by the
authorized officers of the Administration and the committee appointed by the National
Assembly, in accordance with the Law on Enforcement of Penal Sanctions, as well as by the
Protector of Citizens, in accordance with the Law on the Protector of Citizens; inmates have
the right to be visited by the Protector of Citizens once a month, which is exempted from the
otherwise legal obligation for audio-visual surveillance and recording, and that the inmates
have the right to hold correspondence with the Protector of Citizens, and that correspondence
is not subject to surveillance.
The Law on Civil Servants256 prescribes that the employment of a civil servant is terminated,
inter alia, if the body or authority responsible for the appointment of a civil servant accepts
the public recommendation of the Protector of Citizens for the dismissal of a civil servant from
his position.257
The Law on Information Confidentiality258 prescribes in which cases the Protector of
Citizens, as a public authority appointed by the National Assembly, is authorized to access
information of all degrees of confidentiality that are necessary for the performance of tasks
within his competence without a security check, as well as cases where a security check is
required.
Article 15 Paragraph 2 Item 6) and Paragraph 3 Item 4), “Official Gazette of RS“, no. 9/10.
Article 29 Paragraph 3 and 4 of the Law on Army of Serbia, “Official Gazette of RS“, no. 116/07, 88/09, 101/10,
– state law, 10/15, 88/15 – CC Decision, 36/18 and 94/19.
254 Article 219 Paragraph 3, 220 Paragraph 2 and 222 Paragraph 2 of the Criminal Procedure Code, “Official Gazette
of RS“, no. 72/11, 101/11, 121/12, 32/13, 45/13, 55/14 and 35/19.
255 Article 35. Paragraph 2, 37 Paragraph 4 and 54 Paragraph 1 of the Law on the Execution of the Imprisonment
Penalty for Criminal Acts of Organized Criminal, “Official Gazette of RS“, no. 72/09 and 101/10.
256 Article 78 Paragraph 2 of the Law on Civil Servants, “Official Gazette of RS“, no. 79/05, 81/05 - corr., 83/05 corr., 64/07, 67/07 - corr., 116/08, 104/09, 99/14, 94/17 and 95/18.
257 Article 16 Paragraph 2 of the Law on the Amendments to the Law on Civil Servants, “Official Gazette of RS“,
no. 99/14.
258 Law on Classified Data, “Official Gazette of RS“, no. 104/09.
252
253
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