40 In treating offenders there was no evidence of torture in terms of being organized, encouraged or supported by the system however individual cases of ill-treatment were identified. At start of 2012 it was established that members of the security in the Correctional facility Pozarevac - “Zabela” caused a large number of visible bodily injuries to an offender using a rubber baton. Caused injuries of the offender were not documented in the official records, nor reported to the prison governor. It was indicated that the above stated represents an unlawful and improper behavior i.e. an act of torture. Recommendations were sent to the institution in order to establish the liability of the officers for the person’s ill-treatment, for failing to document inflicted bodily injuries and to report the same to the prison governor and because the injured offender was not taken to be medically examined by a doctor.83 The relevant prosecutor’s office was sent a report regarding the case submitting supporting documentation relevant to the case. However, the Ombudsman was not informed of the outcome of the proceedings by the Public Prosecutor. Detention and rehabilitation centre confirmed allegations of violations of the offender, stating it was impossible to determine who caused the injury due to the lack of cooperation of the injured party, and that all officers “explicitly stated that they were not personally nor any other officer” involved in any coercive interactions with the offender, and that none of the inmates heard or saw that the offender was beaten. Institutions for the execution of criminal sanctions should provide effective mechanisms for prevention of ill-treatment therefore establish a system of strict liability of employees whereas competent national authorities are required to conduct an effective investigation.84 Over the course of 2012 it was determined that the Institution does not provide competent judicial authorities with the information related to the admissions of the persons with visible physical injuries suspected of being ill-treated or tortured. Institutions for the execution of criminal sanctions are obliged to immediately inform the competent national authorities of any findings or suspicions of ill-treatment of an offender in the period from his deprivation of liberty to his admission to the Institute.85 83 84 85 See the Protector of Citizens recommendation 12-3630/12 dated 31 January 2012 ibid See the Protector of Citizens recommendation 12-2379/11 dated 26 December 2012