ANNUAL REPORT 2019-OMBUDSMANNATIONAL PREVENTIVE MECHANISM
3.5.5. Complaints system
From the conversations with the officials, information was received that there is a
special register in the institution for recording complaints, but that so far there has not
been a single case in which a formal procedure was conducted for examining allegations
of possible violation of rights or complaints regarding the conduct of officials. Officials
from the Resocialization Department informed that most often the problems are solved
through mediation and reconciliation. The persons, that is, the children, pointed out
that some of the problems are really addressed directly to the educators, but
that most often they do not point out the real problems (as they themselves
pointed out about the problems related to the inappropriate behaviour of officials towards them), because they do not believe that such allegations will be
approached independently and that such cases will be investigated impartially.
In this regard, it was concluded that the children are not sufficiently and
fully acquainted with the mechanisms for protection of their rights, nor with
the possibility where and how they can address the complaints related to their
treatment and possible violation of their rights. As a result, it was suggested
that prison authorities should immediately take action to acquaint and inform
these persons in an age-appropriate manner about the possibility of addressing complaints and appeals in cases where they feel that their rights have been
violated. They also stressed the need to conduct thematic counselling with children, as
well as to distribute information brochures in the form of a list of information about the
complaint systems available to them, both internal - to the prison authorities and external - complaint to the Ombudsman and to international bodies. The NPM team especially
emphasized the ban on any kind of oppression, that is, negative consequences for children
due to the stated allegations, regardless of whether they are justified or not.
3.5.6. Procedure for determining disciplinary
liability and imposing a disciplinary sanction
The procedure for establishing disciplinary responsibility is conducted in accordance
with the rules established in the House Rules for convicted persons serving a prison sentence, as well as in accordance with the House Rules for the protégés serving an educational measure - referral to an educational-correctional facility.
The commission that implements the procedure for disciplinary liability is composed of 3 members, that is, 1 psychologist - educator, 1 psychologist - social worker and
commander of the prison police. In cases when it is a matter of establishing disciplinary liability of persons serving a juvenile prison sentence, the procedure is initiated with a draft
report by an official who found the violation of the House Rules, then a statement is taken
from the person to whom the report refers, statements are taken from other persons
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