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GENERAL RECOMMENDATIONS FOR ELIMINATION OF DEFICIENCIES
The Ministry of Interior should exercise to the fullest extent its mandate in the fight against
impunity for any form of abuse that occurs in relation to the exercise of police powers.
Detention facilities in police stations should comply with the applicable standards, to which
end necessary funds should be provided without further delay.
Instructions on the Treatment of Arrestees and Detainees should be harmonized with the
applicable regulations and standards.
Police officers are not to attend medical examinations of detainees, except when, explicitly
required so by a physician. A police officer is to provide a physician in a timely manner all
available information relevant to the physician’s decision regarding the presence of a police
officer during the medical examination of a detainee.
Police officers are not to have access to medical records with information regarding medical
examination and provided health care services to the detainees. A police officer is to ask the
physician to instruct him in understandable way, on the necessary measures and actions to
be taken in order to protect the health of a detainee; police officer is to make a note on this
in writing.
6.2.
Execution of detention measures
So far, judicial reform in the Republic Serbia has not resulted with more efficient work of the courts in socalled detention cases. Besides, general impression is that the detention measures are imposed lightly,
for inappropriately long period of time, and that courts rarely impose measures such as bail, which is an
effective alternative to detention. Circumstances that accompany the execution of the measures of detention, violation of the presumption of innocence of detainees, and the conditions related to the execution of detention measures, in a large number of cases represent punishment prior to conviction. 104
In the Republic of Serbia, the detention measure perceived and carried out as punishment.105
During the reporting period, NPM visited 5 detention units and sent 23 recommendations.
On the basis of conducted visits to detention units in the institutions for execution of criminal
sanctions, it was observed that housing and other living conditions of detainees in ceratin detention units are still not in compliance with pertinent standards.
Accommodation capacities are generally overcrowded, thus some detainees do not avail of space in the
dormitories of at least eight cubic meters and four square meters. Some of them sleep on mattresses
on the floor or triple bunk beds106, which undermines the idea of a separate bed. A certain number of
detention facilities are in extremely poor condition, dilapidated and dirty; Poor ventilation in the rooms
makes it especially difficult for non-smokers who are placed in the same room with smokers. Some areas
receive insufficient amount of natural light whereas artificial lighting does not have satisfactory light
intensity.
104 See more in the publication “Pritvor – Ultima Ratio?”, The Belgrade Centre for Human Rights, Belgrade, 2014.
105 Ibid, Introduction, page 4: Detention, defined as an exceptional measure which should ensure the presence of the defendant and the
unhindered conduct of the criminal proceedings, in our society is perceived and enforced as a punishment. This can be concluded on the
basis of numerous indicators, including the media, predominant public opinion, statements of leading political figures, but also the practice
of of judicial authorities, work of defense attorneys, and most importantly, on the basis of treatment of persons on whom a a detention
measure has been imposed.
106 NPM report on the visit to District Prison in Kragujevac, No. 71-3/13.
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