45 6.5. Detention of people in social care institutions A substantial number of occupants in large residential institutions of social care are still being sheltered solely for that there are no conditions for their care in the community. Occupants who for a prolonged period of time stay in those asylum institutions they become excluded from ordinary social environment, and eventually lose their social and other skills and become less capable of independent life. The aforestated, taking into account the living conditions not meeting current standards, per se – as a system can be a source of individual cases of torture, and in any case, represents inhuman and degrading treatment. Not only are existing residential social care institutions not eligible for placement of occupants, but there is also a shortage of staff, especially doctors, pedagogues and caregivers. Additionally, there are no visible actions taken that would, by legally prescribed deadlines, lead to a decrease of the number of occupants placed in these institutions with legally established limits. Therefore, it is necessary and without further delay, to intensify activities on deinstitutionalization, or reduction of the capacity and closure of existing residential social care institutions, as well as providing for care of their occupants within the community. In some residential social care institutions a certain number of occupants are constantly being put in isolation. Isolation of persons with severe or acute mental problems is not allowed139, nor is it seclusion of such persons for any period, as it represents a cruel, inhuman or degrading treatment.140 Therefore, it is necessary to immediately bring to an end the practice of isolation. A large number of persons placed in a variety of residential social care institutions have limited freedom of movement (they are locked in), many of them are occasionally physically impeded (bonded), for which there is no valid legal grounds, nor did they include appropriate procedures. The aforementioned is justified by the fact that those persons are deprived of their legal capacity, or that it is in their interest. During the reporting period, the NPM visited one of the social care institutions for children and juveniles “Reformatory for children and juveniles with disabilities in Veternik”141, to which the Report on visit was sent. The report included 12 recommendations to remedy identified deficiencies. In the performance duties of the NPM, Provincial Ombudsman independently conducted 13 visits to private homes for the elderly. Upon completion of visits to these institutions, it was noted that there are large differences in the services which are not of uniform quality. The Report of the Provincial Ombudsman142 presented the following conclusions: • Centers for social welfare are not aware of homes for the elderly outside the network of social welfare institutions which were established by individuals registered with the competent provincial authority; • There is no common practice of the social work centers to direct persons to nursing homes that were established by decision of the competent Secretariat; • There is no uniform quality of services provided which is justified by the nursing homes founders in a sense that there are no clearly defined working conditions to be met at the time of of their registration, that there is no obligation to attend training for future employees and that possession of a license for the performance of these activities is not required by the law; • The founders are not required to undergo appropriate training or have adequate education as a condition for registering a home for the elderly; they often lack the basic knowledge necessary for successful performance of activities of nursery homes and they are not familiar with the Regulation on detailed conditions and standards for the provision of social protection (“Official Gazette of RS”, No. 42/2013), or other regulations in this field governing all conditions and standards in relation to social services; 139 140 141 142 The report of the UN Committee against Torture, sessions 47 and 48, UN Doc A / 67/44 (2012), Canada (62). Report of the Special UN Rapporteur on Torture for 2012, UN Doc A / 22/53 (2013). The NPM Report on visit to Veternik Reformatory, No. 71-26/13. Extract from the Report of the Provincial Ombudsman for 2013, p. 47.