A/HRC/40/59/Add.1 A. Recommendations to the Government of Serbia 104. In regards to the legal and institutional framework, the Special Rapporteur recommends that the Government of Serbia: (a) Amend the definition of the crime of torture under article 137 of the Criminal Code so as to criminalize the full spectrum of acts covered by articles 1 and 16 of the Convention against Torture, significantly increasing the maximum penalties for such offences, and removing all statutes of limitations for such offences; (b) Ensure that prosecutors do not apply the shortened procedure when investigating cases of alleged torture and ill-treatment; (c) Ensure that any person apprehended by the police gets access to a lawyer before first being questioned by the police; (d) Introduce an institutionally independent roster system for the selection and appointment of certified ex officio counsel, in order to ensure minimum standards of expertise, experience and conduct for criminal defence lawyers; (e) Implement systematic training programmes on the Istanbul Protocol for all health professionals who may be called to examine persons deprived of their liberty, as well as for all lawyers, prosecutors and judges who may be involved in relevant judicial cases, so as to strengthen their understanding of the potential and limitations of medical examination in the identification and documentation of the signs of torture and other forms of ill-treatment; (f) Ensure that all relevant investigations are undertaken by bodies enjoying full independence from the executive branch and reporting to the legislative or judiciary branches; (g) Strengthen the capacity of the National Preventive Mechanism, particularly in terms of independent and adequate funding and staffing, and encourage the Deputy Ombudsperson to continue to assume his crucial role as the national preventive mechanism against torture and other cruel, inhuman or degrading treatment or punishment; (h) Provide alternatives to incarceration in the pretrial stage of proceedings, including for the purpose of ensuring appearance at trial, and ensure that pretrial detention is the exception rather than the rule and that any judicial decision to remand defendants to pretrial detention is carefully justified in each case and based on strict criteria, such as the likelihood of them absconding or repeating the alleged offence. 105. In regard to the conditions of detention, the Special Rapporteur recommends that the Government of Serbia: (a) Consolidate and develop ongoing prison reforms to ensure better conditions of detention and prevent any deterioration; (b) Take the steps necessary to prevent prison overcrowding, in particular by reviewing the rules governing eligibility for parole and early release; (c) Ensure that inmates who show signs of mental disability or illness are removed from prisons and receive adequate treatment in mental health hospitals or other appropriate settings, and allow the courts to order such removals; (d) Consider reducing penalties for non-violent offences, in particular offences involving the use of drugs, thus allowing imprisonment to be replaced with measures involving appropriate medical treatment and therapy; (e) Increase the number of hours that all categories of inmates are allowed to access open areas and improve the quality of the common spaces, including repair of old structures, fresh painting of the walls and adding tables and chairs; 16