complaints of convicted and persons in custody. Complaints of persons detained in custody,
as in previous reporting periods, referred to the length of custody, violation of the right to
trial within a reasonable deadline and violation of the right to fair trial117, as well as to the
violation of the right to health protection. With regards to women in custody, the situation is
unchanged so, because of their relatively small number, they still very often serve their
measure in solitary confinement, so that what is the disciplinary measure for convicts, for
female persons in custody is a regular manner implementation of the custody measure.
Also, in comparison to previous reporting periods, in this one too, the circumstances in which
female convicts and juveniles are accommodated at special institutes, the only institutes
designed for these purposes in the Republic of Serbia have not changed, so the rule that, like
other convicts, they serve their sentence closer to the place of their residence is not applied to
them.
Complaints of convicts accommodated at the institutes for the execution of criminal sanctions
referred primarily to the dissatisfaction with the provided health protection and treatment
work.
The example of good practice at PCI in Belgrade prove that the results of the implementation
of the activities of many years among employees at the institutions for the execution of
criminal sanctions towards raising of the awareness on unallowed any form of abuse took
place. In this example in the oversight procedure the Protector of Citizens confirmed that the
overseen body timely recognized unallowed conduct of employees and that by activating of
internal control mechanisms in the fight against torture took all legally stipulated activities
with the aim of the protection of rights of persons deprived of liberty.
The Administration for the Enforcement of Penal Sanctions continued with the activities on
the improvement of material conditions of the accommodation conditions of persons
deprived of liberty and increase of the capacity of the institute for the execution of criminal
sanctions in compliance with the activities stipulated by the Strategy of the development of
the execution of criminal sanctions and Strategy of the reduction of overload of
accommodation capacities in the institutes for the execution of criminal sanctions by 2020.
What is concerning is the fact that the Protector of Citizens received a small number of
complaints of persons deprived of liberty at psychiatric institutions and residential care
institutions, especially taking into consideration the unchanged condition in this field, as well
as the fact that the competent bodies in the reporting period did not take activities towards
the improvement of the position of persons who reside at these institutions and the
shortcomings to which it was indicated in previous reports are not removed.
The unfavorable position of persons deprived of liberty at psychiatric institutions and
residential care institutions is, inter alia, the consequence of the shortcomings in the normative
framework which regulates this field. Therefore, the Protector of Citizens as in previous years,
indicates to the need for amendments to the Law on the Protection of Persons with Mental
Disabilities118 and improvement of the Law especially in terms of the creation of conditions
for efficient and sustainable functioning of the system of “deinstitutionalization”. This system,
apart from health care comprises also the social aspect and creation of corresponding
conditions for provision and necessary support to persons with mental disabilities and their
families for life outside psychiatric institutions in the environment which is to the least
Taking into consideration that the Protector of Citizens is not authorized to oversee the legality and regularity
of the court operation, complainants were referred to contact competent bodies with respect to this.
118 “Official Gazette of RS“, no. 45/13.
117
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