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Social welfare homes should discontinue the practice of placing users in solitary
confinement.
It is necessary to pass regulations that would govern the conditions and procedure for
restricting the freedom of movement and using physical restraints on users in social welfare
homes.
Measures should be put in place to provide a sufficient number of staff (physicians,
pedagogues and caregivers) in social welfare homes.
It is necessary to ensure that children are placed separately from adults at social welfare
homes.
The number of users placed in social welfare homes should not exceed the maximum
capacity set by the law.
6.6.
Treatment of refugees/migrants
In the course of 2014, the NPM focused on the position of asylum-seekers in the Republic of
Serbia. In this context, the NPM had intensive cooperation with the UNHCR Office and the
Belgrade Centre for Human Rights. The Protector of Citizens, acting in the capacity of the
National Preventive Mechanism, issued 27 recommendations119 to the Ministry of Interior and
the Commissariat for Refugees and Migration in February 2014 in connection with
improvements in the treatment of irregular migrants/asylum seekers in the Republic of Serbia.
In the course of 2014, the NPM monitored compliance with these recommendations through
visits to relevant authorities and institutions.120 The NPM issued 30 reports121 to the visited
institutions which took stock of the current level of compliance of the competent authorities with
the recommendations, followed by a special report122 which summed up the findings regarding
compliance with the recommendations issued by the NPM.
According to the figures of the Ministry of Internal Affairs, in 2014 there were 23,429 foreign
nationals who illegally entered the territory of the Republic of Serbia. Of them, 16,730 expressed
intent to seek asylum and 1350 of those have been registered, 460 have been issued with identity
cards and 388 have applied for asylum. Asylum was granted to only one person, while five
persons received subsidiary protection.
The huge discrepancy between the number of persons who expressed intent to seek asylum and
the number of persons who actually applied for asylum, especially those who took part in
proceedings pursuant to asylum applications, shows their aim never was to seek asylum in the
first place; instead, they looked for opportunities to be given shelter at asylum centres and to
legalise their stay in the Republic of Serbia until they have made arrangements to move on across
the border to Western European Countries.
Recommendation No. 75-6/14 available at http://www.ombudsman.rs/index.php/lang-sr/2012-02-07-14-0333/3190-2014-02-14-08-47-05.
120 A total of 41 institutions were visited (police administrations/stations, regional border police centres, centres for
accommodation of asylum-seekers, penal institutions, juvenile correctional facilities and the Shelter for Foreigners
in Padinska Skela).
121 Reports of visits available at
http://ombudsman.npm.rs/index.php?option=com_content&view=category&layout=blog&id=89&Itemid=82&
lang=sr.
122 Report available at http://www.zastitnik.rs/index.php/lang-sr/izvestaji/posebnii-izvestaji/3754-2015-03-24-1207-14.
119
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