50 The District Prisons in Smederevo and Subotica, and the Unit in Vršac of the District Prison in Pančevo, are located in buildings inadequate for the accommodation of persons deprived of their liberty, that do not allow for providing all the rights as laid down by the regulations and standards.85 Considering that the current shortages cannot be rectified with renovation or refurbishment, the NPM delivered recommendations to the Administration for enforcement of criminal sanctions to provide appropriate buildings for these institutions. The Administration notified NPM that the new Penal and Correctional Institution in Pančevo will be operable as of January 1, 2018 and that they will try to provide funds to build and reconstruct the building of the DP Subotica, about which they will timely notify the NPM. Bearing in mind that medical checkups conducted in line with the rules of profession and provisions of substantive legislation is an essential precondition for achieving the duty of a state to take measures to prevent impunity for any form of abuse and the significant segment in the prevention of violence against persons deprived of their liberty, the NPM presented to the institutions its recommendations that the doctors also include in their reports made following the medical checkups of convicts if the convict states or any other person declares that violence was inflicted against him/her, and enter the way of inflicting injuries and his/her own opinion about the connection between the allegations about the way the injuries were made and actual injuries, as their legal obligation,86 including to describe in details and make photographs of the stated injuries. Also, in almost all its reports on visits, the NPM addressed its recommendation to the institutions not to perform the checkups in presence of non-medical staff, other than if the doctor requests so for security reasons, being understood that the members of security service are obliged to notify the doctor about any such reasons. In the event that the non-medical staff member is present at the medical examination, the institution should make sure that the medical examination is not attended by the member of security service who ordered or applied the coercive measures nor any other person indicated to have exerted violence against him/her. If the doctor requests that non-medical staff is present, this fact needs to be recorded including the data about the present non-medical staff, in the medical records of the convict. In keeping with the recommendations of the NPM, the doctors of district courts in Leskovac, Smederevo and Subotica, following the medical checkups conducted after applying coercive measures, are entering in their reports the statements of persons against whom they were applied, about the way they were inflicted and the opinion about the connection between the implemented measure and inflicted injuries. In addition to this, DP Smederevo, acting pursuant to the received recommendations, introduced the Record of injuries of persons deprived of their liberty, and the practise to take photographs of injuries, while in DP Subotica, non-medical staff ceased to attend medical checkups of persons deprived of liberty, other than in the situations when the doctor requests so for security reasons. In the reporting period, the District Prisons in Smederevo and Subotica improved their health care for persons deprived of liberty: actions were taken to maintain a more updated medical 85 This is best illustrated by the fact that the District Prison in Subotica is located in the building constructed in 1880. 86 Article 144, Para 4 and Article 115 Item 6 of the Law on Enforcement of Criminal Sanctions, “Official Gazette of RS”, no. 55/14.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents