17
3.3.
Setting-up NPM in Serbia
The Optional Protocol had been signed on 25 September 2003, and ratified on 1 September 2005 by the
Republic of Serbia61.
Republic of Serbia had become State Party to the Optional Protocol on 26 September 200662.
It took four years before Serbia fulfilled its obligation to maintain, designate or establish independent
national preventive mechanism for prevention of torture at the domestic level, one year at the latest
after the entry into force of the present Protocol or of its ratification or accession.63
NPM in Serbia has been designated by the Law amending the Law on the Ratification of the
Optional Protocol, adopted on 28 July 2011.64
In accordance with the agreement reached during the public debate, a new NPM organ in Serbia has
not been initiated, but rather authentic and complex NPM model, which implies that all NPM duties
are carried out by the existing independent state organ, in collaboration with the authorities of the
decentralized units and civil sector.
Protector of Citizens shall carry out the duties of the NPM in collaboration with the Ombudsmen
of the autonomous provinces and the associations whose statute intended goal is the
promotion and protection of human rights and freedoms65.
When deciding on a complex NPM model in Serbia, principles related to the status of national institutions
for the promotion and protection of human rights were given due consideration.66
Under the Constitution of the Republic of Serbia67, Protector of Citizens is designated as the independent
state organ which safeguards the rights of citizens and controls the activities of the bodies of government
administration, as well as of any authority with the exercise of public powers68. The Law on the Protector
of Citizens69 stipulates that the Protector of Citizens is independent, autonomous in performing duties,
a state body which safeguards and oversees promotion of citizens’ rights70. In April 2010 the Protector
of Citizens was recognized as state organ acting on the basis of the Paris principles71.
The Protector of Citizens is an independent and autonomous state body, a general-type
Parliamentary Ombudsman, accredited as National Human Rights Institution, with “А“status
forming part of the International Coordination Committee (ICC).
The Law on the Protector of Citizens stipulates that the Protector of Citizens is authorized to conduct
visits at institutions in which persons deprived of their liberty are placed, to have private interview with
the persons deprived of their liberty and any employee in the institution, access any information, which
are of importance for the fulfillment of the goal of his preventive operation, regardless of the degree of
confidentiality of such information72.
61 “Official Gazette of Serbia and Montenegro – International treaties ”, No. 16/2005, modifications 2/2006.
62 30 days after the deposit of the instrument of ratification to the Secretary-General of the United Nations.
63 The Optional Protocol, Article 17.
64 Law amending the Law on the Ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment “Official Gazette of the Republic of Serbia– International Treaties” No. 7/11.
65 Law amending the Law on the Ratification of the Optional Protocol, Article 2a.
66 The Optional Protocol, Article 18, item 4.
67 “Official Gazette of the Republic of Serbia”, No. 98/2006.
68 The Constitution of the Republic of Serbia, Article 138 Paragraph 1.
69 “Official Gazette of the Republic of Serbia ”, No. 79/2005 and 54/2007.
70 The Law on the Protector of Citizens, Article 1 Paragraph 1 and 2 and Article 2 Paragraph 1.
71 http://www.ohchr.org/Documents/Countries/NHRI/Chart_Status_NIs.pdf.
72 The Law on the Protector of Citizens, Article 21 Paragraph 1 and 2 and Article 22.
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