ACTIVITIES OF THE PROTECTOR OF CITIZENS
During this reporting period in the Republic of Serbia the tendency of the promotion of the
protection of persons deprived of liberty, application of police authorizations as well as the
prevention of torture and other forms of abuse was continued through the amendment to the
existing legal framework, strengthening of professional and human resource capacities,
increase of accommodation capacities, etc. institutions which accommodate persons deprived
of their liberty towards which the Protector of Citizens conducted oversight procedures,
established, in majority of cases, good cooperation with this body, which provided
undisturbed realization of its mandate.
Even though in the Republic of Serbia there is no torture as organized phenomenon
encouraged by public authorities, there still are individual cases of torture or abuse. Even
though during 2019 amendments to the Criminal Code were adopted, there was an omission
to adjust the provisions of the Criminal Code with the definition of torture from Article 1 of
the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment., despite the fact that the Protector of Citizens indicated to this need for several
years.
The Protector of Citizens in two oversight procedures initiated upon complaints of persons
deprived of liberty in 2019 undoubtedly confirmed that by actions of the overseen
administrative authority the rights of the complainant to the inviolability of physical and
mental integrity were violated.
In the oversight procedure of acting of police officers, the Protector of Citizens confirmed that
by excessive use of measures of coercion police officers violated the right of the complainant
to the inviolability of physical and mental integrity, by causing bodily injuries to him during
deprivation of liberty and delivery and during this the omissions in work were confirmed
during the implementation of the internal control mechanism. For these reasons, the Protector
of Citizens issued recommendations110 to take all measures and activities prescribed by law
with the aim of confirming the disciplinary responsibility of police officers who directly
treated the complainant during his deprivation of liberty as well as to take all necessary
measures so that in future internal control mechanisms at police in every individual case could
actually accomplish its purpose for which they were prescribed, which is conscientious,
professional, and impartial assessment of justifiability and regularity of use of coercive means
by police officers.
Furthermore, the Protector of Citizens in the oversight procedure confirmed illegalities and
irregularities in the treatment of the convicted by employees at the security service as well as
the shortcomings in the activities of doctors at the institute in taking legally prescribed actions
when the doctor diagnoses the existence of bodily injuries and the existence of indications that
the convict was subjected to violent treatment, which violates the right of the convict to the
inviolability of physical and mental integrity with regards to the protection against torture,
inhuman or degrading treatment or punishment, as well as the right to health protection.
Recommendations111 were issued that within legally prescribed procedure the responsibilities
for the treatment of the convict are examined, that doctor’s examination of convicts after the
application of the measures of coercion as well as always when bodily injuries in the body of
Recommendations available at: https://www.ombudsman.rs/index.php/2012-02-07-14-03-33/6494-n-c-lni-plici-s-upr-v-u-s-d-r-vu-d-u-vrdi-disciplins-u-dg-v-rn-s-p-lici-s-ih-sluzb-ni-i-su-n-p-sr-dn-p-s-up-li-pr-pri-uzi-cu
111 Available at: https://www.ombudsman.rs/index.php/2012-02-07-14-03-33/6276-pz-u-p-nc-vu-d-ispi-dg-v-rns-z-p-sl-nih-d-p-s-i-su-nj-n-n-z-ni-i-n-pr-viln-p-s-up-nj-pr-sud-ni-lici.
110
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