the convict are notices, is implemented in compliance with the Istanbul Protocol112, that the
noticed violations are photographed, described in details in the medical record and special
report on confirmed violations which are issued to the doctor to the administrator, as well as
that the doctor enters the allegations of the convict about the occurrence of injuries and present
his/her opinion on the relations of the convict’s allegations and occurred injuries.
In the context of the investigation of the allegations on the violation of citizen rights by illegal
work of administrative authorities, especially of the investigation of allegations on any form
of abuses, as well as with the aim of prevention of the violation of citizen rights, the Protector
of Citizens in this reporting period too indicates that, pursuant to the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 113, it is necessary
to legally prescribe the obligation of sound and visual recording: the use of means of coercion
by police officers; the application of authorizations by which citizens are deprived of liberty,
especially delivery, apprehension, police arrest and detention, especially hearing of the
suspect in pre-investigation procedure by police officers; the application of measures of
coercion by employees at security service at institutes for the execution of criminal sanctions;
the application of the means of coercion and delivery of the citizen by communal policemen.
In one of the oversight procedures of the police operation, the Protector of Citizens confirmed
omissions in the treatment of a person deprived of liberty and issued to the overseen body
recommendations114 that in future operation the person who is apprehended, deprived or
liberty or detained in compliance with the provisions of the Criminal Proceedings Code
receives the written notification on their rights, in the mother tongue or a language they
understand. It is proposed that the person deprived of liberty duly signs the notification and
thus confirms that they were informed by authorized officers before apprehension,
deprivation of liberty or detention about their rights and notified about reasons of the
application of apprehension, deprivation of liberty or detention.
By passing of bylaws, certain improvements of the normative framework of importance for
the operation of police and position of police officers and other employees at the Ministry
were made. The Rulebook on the Manner and Conditions of the Application of Police
Authorizations toward Juveniles115 and Rulebook on Police Authorizations116 were adopted
and in their text to a great extent the remarks and recommendations of the Protector of
Citizens were implemented and they aimed at the prevention of the reduction of the reached
level of the exercise of rights in procedures before police, as well as to perform clear
demarcation which police authorizations and in which manner they are applied toward adults
and which toward minors. Furthermore, it was noticed that numerous shortcomings of the
Rulebook on the manner and conditions of the application of police authorizations to minors
result from the shortcomings in the Law on Juvenile Offenders and Criminal-Legal Protection
of Juveniles, which indicates to the need for its amendment.
During the reporting period, the Protector of Citizens continued with the implementation of
the oversight procedure of the Administration for the Execution of Criminal Sanctions, upon
Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. (Istanbul protocol) – available at: http://www.hraction.org/wpcontent/uploads/Istambulski_protokol_serbian.pdf.
113 Law on Ratification of the Convention Against Torture and oOher Cruel, Inhuman or Degrading Punishments
and Treatment (“Official Gazette of the SFRY – International Treaties”, number 9/91).
114 Available at: https://www.ombudsman.rs/index.php/2012-02-07-14-03-33/6142-gr-d-ninu-u-p-lici-s-s-nici-niuruc-n-pis-n-b-v-sh-nj-nj-g-vi-pr-vi.
115 “Official Gazette of RS“, no. 83/19.
116 “Official Gazette of RS“, no. 41/19.
112
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