Report on the Performance of Activities of the National Preventive Mechanism for 2016 31. To the Ministry of the Interior, to ensure prompt delivery of case file on freedom of movement restriction to the administrative court, so that possible deprivation of liberty may be legally based; 32. To the Ministry of the Interior, to ensure that within the process of reaching decision on freedom of movement restriction, criteria of necessity, proportionality and justifiability are fulfilled; 33. To the Ministry of the Interior, to increase staff numbers of the Asylum Department in order to accelerate the decision-making process in response to filed applications for international protection; 34. To the Ministry of the Interior, to promptly undertake measures for adopting new migration policy; 35. To the Ministry of the Interior, to promptly initiate an investigation regarding return of irregular migrants to Serbia without prescribed legal procedure or individual process, as well as regarding treatment by police officers that may represent infringement of Article 3 of ECHR. III. CONCLUSION The state of human rights of persons deprived of their liberty, and those who are not allowed to leave a facility under public supervision on their own accord, has not significantly changed¬ during 2016. On the positive side, we have found no treatment or conditions that could represent torture. However, it is necessary to as soon as possible eliminate systemic shortcomings that endanger or violate constitutional and legal rights of these persons or expose them to degrading or even inhuman treatment. Persons deprived of their liberty in the prison system mostly complained about the quality of healthcare, which should be integrated into the public healthcare system. It is also necessary to align the accommodation conditions in prisons with the international standards and fill the systematized job positions, since the lack of prison staff affects the treatment of prisoners and the realisation of their rights, as well as the level of security. Numerous complaints have been filed on the treatment by judicial police officers, insufficient legal protection and the work of the Treatment Department for Prisoners. A significant number of cases were related to the treatment by police officers, and complaints filed by the elderly are especially worrying. It is necessary to ensure that the application of police powers interferes as little as possible with human rights and freedoms, but also to establish efficient civilian policing oversight. The accommodation conditions need to be aligned with the international standards, which is still not the case. 52

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