38
wards seemed to indicate that the force used on them had been disproportionate and was not
intended to subdue them, but to intentionally cause them pain. Accordingly, the NPM
recommended that the physician of the Facility should describe all injuries in detail, regardless
of the circumstances in which they were sustained, and that the warden of the Facility should
undertake measures without delay to ensure that each case in which use of force is involved can
be analysed on the basis of complete medical documentation and to ensure that it can be
determined beyond doubt that the minimum amount of force required was used against the
wards and the use of force was not an excuse for intentional infliction of pain upon juvenile
offenders.
The Facility also complied with the NPM’s recommendation in connection with Record of
Injuries. Namely, the NPM recommended that the existing Record of Injuries should include
both the allegations made by the examined person concerning the origin of the injuries and the
physician’s conclusion on the manner in which the injuries occurred, i.e. The physician’s medical
opinion whether the injuries could have occurred in the manner alleged by the injured person.
Furthermore, the Facility introduced the practice whereby its physician makes entries of all
instances of bodily harm in dedicated Record of Injuries.
Acting in compliance with the NPM’s recommendations, the Facility and the Administration for
Enforcement of Penal Sanctions worked together with representatives of the Ministry of
Education, Science and Technological Development to ensure that the diplomas issued to the
Facility’s wards at the end of their vocational training courses at the Facility are recognised as
valid and equivalent to the diplomas received from regular VET schools, to enable the Facility’s
wards to compete in the job market for specific jobs on an equal footing with other members of
the community.
General recommendations for remedying the identified shortcomings
The recommendations of the Protector of Citizens which concern improvements in the
accommodation arrangements at penal facilities have not been implemented.
Large penal and correctional facilities (“Zabela” in Požarevac and facilities in Sremska
Mitrovica and Niš) remain overcrowded.
The Ministry of Justice should undertake measures within its sphere of competence in
order to ensure that there is more than one penal and correctional facility for women and
more than one penal and correctional facility/juvenile facility where juveniles serve their
prison sentences/juvenile corrections sentences.
Many persons serving prison sentences are not able to spend their spare time during the
day outside the dormitories, in communal areas with other inmates.
Numerous shortcomings persist in the provision of health care to persons serving prison
sentences, primarily due to the lack of medical staff, especially physicians – both general
practitioners and specialists in psychiatry. There are also shortcomings in the procurement
of medicines and treatment. Moreover, non-medical staff often attends medical
examinations even when this is not demanded by a health care professional.
Health care services in penal institutions report to those institutions, i.e. to the
Administration for Enforcement of Penal Sanctions, instead of to the Ministry of Health.
Incarcerated persons with mental disorders are still placed in the regular prison system,
which is not appropriate for their medical and psychosocial treatment.
Certain penal facilities (e.g. “Zabela” in Požarevac) lack corrections officers they need for
proper correctional treatment of inmates, in particular for individual and group sessions
with the inmates, which hinders functional and reward-based assignment of inmates to
specific groups and the award of extended privileges to them.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents