1.
MANDATE, PRINCIPLES AND GOALS
1.1.
MANDATE
The mandate of the Preventive Mechanism for monitoring places of detention of persons deprived of liberty
(hereinafter: Preventive Mechanism), comes within the legal authority of the Protector of Citizens (Law on
the Protector of Citizens, "Official Gazette of the RS", no.79/2005 and 54/2007) laid down in the Protector of
Citizens’ Decision on Establishment of Preventive Mechanism for monitoring places of detention of persons
deprived of liberty, reg.no. 4846, of 2 July 2009.
The Preventive Mechanism conducts monitoring of places of detention of persons deprived of liberty.
Monitoring places of detention of persons deprived of liberty includes continuous and systematic gathering,
checking and processing of data, as well as determining the situation in institutions concerning respect of
rights of persons deprived of liberty and with regard to that recommending adequate measures.
Monitoring places of detention of persons deprived of liberty is first of all conducted by visiting those
institutions, as well as by collecting information on the status of persons deprived of liberty in those
institutions in any other way, particularly from: the reports of these institutions (e.g. filled-in
questionnaires); findings of other subjects that conducted monitoring of these institutions; other activities of
the Protector of Citizens; media etc.
Preventive Mechanism is entitled to:
1. Unimpeded and unannounced visits to institutions
2. Unrestricted access to all institutional premises
3. Unrestricted and unsupervised interview with all persons deprived of liberty
4. Unrestricted and unsupervised interview with the personnel
5. Unrestricted access to all records, regardless of degree of confidentiality
6. Unrestricted copying of documentation, regardless of degree of confidentiality
Agreement on bringing of camera and taking of photographs is worked out with the management of institution
1.2.
PRINCIPLES
Principles of functioning of the Preventive Mechanism are set out by the Protector of Citizens’ Decision on
Establishment of Preventive Mechanism, as well as by other generally accepted monitoring principles: do no
harm, act strictly according to the law, respect management and personnel of the institution, adhere to the
house rules of the institution and comply with internal rules, respect established competences and internal
job assignments in the institution, do not become involved in existing interpersonal conflicts in institution,
treat all contacted persons in a polite manner, demonstrate respectful attitude towards the institution that
one presents, act in accordance with the set goal of visit following the determined method of work, respect
the hierarchy and special assignments of the monitoring team members, act in coordination with other
monitoring team members, demonstrate professional behaviour, do not deal with circumstances that are
outside the competence, respect interlocutor’s integrity, avoid any partiality, draw attention to the
confidentiality of interview, show empathy for suffering that our interlocutor refers to, do not create
unrealistic expectations for the interlocutor, take care of safety of the source of information, do not take
photographs of any person without his/her consent, carry out investigation procedure with several
sources, ask the interlocutors clear and precise questions, establish reliable, clear, precise and comparative
facts etc.
1.3.
GOALS
The goals of the Preventive Mechanism are within the competence of the Protector of Citizens set out in the
Law on the Protector of Citizens and determined by the Protector of Citizens’ Decision on Establishment of
Preventive Mechanism for monitoring places of detention of persons deprived of liberty.
Main goals of visits to institutions are:
1. Determining the real situation (establishing reliable, clear, precise and comparative facts suitable for
analysis)
2. Identifying irregularities in work, that is, identifying violations of rights of persons deprived of liberty
3. Recommending measures for elimination of work irregularities
4. Control of the change of situation and implementation of measures for elimination of work
irregularities
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