80
It is necessary that the Hospital organizes using of adequate rooms intended for visits.
The Hospital should without delay analyse the existing financing system of the Hospital, emphasizing
the current shortcomings, and should present a model financing which would ensure full exercise of the
right to treatment and rehabilitation, i.e. better functioning of the Hospital.
The Hospital should submit the analysis to the Ministry of Health, the Provincial Secretariat for Health
Care, Social Policy and Demography and the Protector of Citizens.
I/III – 5 – Ministry of the Interior and Commissariat for Refugees and Migration174:
Any foreigner found in the territory of the Republic of Serbia without suitable identification documents,175
any foreigner who has entered illegally into the territory of the Republic of Serbia,176 as well as any other
foreigner who cannot prove that he/she is staying in the territory of the Republic of Serbia legally,177
shall be escorted by the police officers to the nearest police station, which shall immediately proceed
with his/her identity check, i.e. establishment,178 perform a search of his/her person in an attempt to find
personal identification documents, and check the data and enter the data into the statutory records.
The foreigner shall be informed about his/her legal position, i.e. the rights and obligations related to
his/her stay in the territory of the Republic of Serbia in a language and in a manner that he/she is able
to understand.
When it is obvious or likely that a foreigner is a minor, i.e. a person under the age of 18, the police
officials shall immediately invite the guardianship authority to take part in the proceedings relating to
that person, perform its coordination function and the decisionmaking within its jurisdiction.
The police officers shall apply the police powers, as well as the measures and actions prescribed by the
Law on State Border Crossing, i.e. the Law on Foreigners, to the person referred to in Paragraph I of this
Recommendation, in order to remove him/her from the Republic of Serbia, i.e. to place him/her in the
Reception Centre for Foreigners under Strict Police Supervision (Reception Centre).
There is a need to increase the accommodation capacities of the Reception Centre to the extent that
would allow for the placement of and care for all foreigners who cannot be removed immediately, and
whose identity has not been established or who do not have any identification documents, and for
those purposes the appropriate funds shall be provided in the budget of the Republic of Serbia.
All foreigners escorted to the Reception Centre shall be provided accommodation and support
in accordance with the applicable regulations and standards, including specifically adequate
accommodation conditions, nutrition, hygiene, communication in a language that they can understand,
provision of health care and social support, cultural and religious needs, etc.
Foreign minors shall be placed in the Reception Centre together with the parent, unless the guardianship
authority deems that other accommodation would be more suitable for them.
When the conditions stipulated by the Law on Foreigners are satisfied, a foreigner who is illegally residing
in the Republic of Serbia shall immediately be removed, and the necessary funds for this purposes shall
be provided in the budget of the Republic of Serbia.
Any foreigner who has expressed his/her intention to seek asylum in the Republic of Serbia, i.e. any
foreigner who is to be removed to a territory where he/she may face persecution on the grounds of his/
her race, sex, religion, national origin, nationality, membership of a particular social group or political
174 Recommendation 75-6 / 14 arising from the report on the visit to the Asylum Centre in Bogovadja, October 2013, no. 71-59 / 13, followup visits on this and other centers for asylum , as well as on the analysis of data and interviews with law enforcement officials regarding the
treatment of the inherited migrants and asylum seekers.
175 Passport, identity card for foreigners, a special identification card or other official document containing a photograph.
176 Outside the place or time specified for border crossing; avoiding border controls; using someone else’s, invalid or fraudulent travel or other
documents; giving misleading information to the border police; for the duration of the protective measure of expulsion of foreigners from the
territory of the Republic of Serbia, the security measure of expulsion from the country or the measure of cancellation of stay.
177 Stay without a visa, residence permit or other legal basis.
178 Inter alia: photographing, taking fingerprints, and taking other biometrical data.
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