The Ministry of Interior informed the National Preventive Mechanism on acting upon the Recommendations from the Report on the visit to Leskovac Police Administration (PA) headquarters.

In order to implement the recommendations and improve the acting upon them, PA Leskovac submitted copies of the report to its internal organizational units, and in its response it is stated that specific activities were undertaken in order to rectify identified irregularities in the work:

- The lacking bed sheets for beds in the detention rooms were provided in the headquarters of Leskovac Police Administration and in Lebane Police Station
- it was ordered that, pursuant to the Law on Misdemeanors, the detention for up to 24 hours should be counted from the moment of exercising the police power of bringing the defendant
- the police officers were instructed to apply restraint (fixation) measures in full compliance with the applicable regulations as to not unnecessarily inflict bodily pain or injury (by excessive squeezing or otherwise) on the detainee, as well as to visit the detainees from time to time and update detention records accordingly.

It is also stated that the Police Department of the Leskovac Police Administration will carry out control and instructional activities in the coming period in order to monitor and follow-up the activities according to the ordered measures, as well as to take disciplinary measures in case of omissions.

The NPM will monitor the activities regarding the detention premises adaptation in the headquarters of the Leskovac Police Department, in Vlasotince Police Station and Lebane Police Station, for which it was stated that the works would begin in the coming period.

In September 2019, the National Preventive Mechanism paid a regular, unannounced visit to the headquarters of the Leskovac Police Administration and, based on the established facts, issued a Report on the visit with Recommendations to that body.

In his capacity as the National Preventive Mechanism, the Protector of Citizens sent official letters to all administrative authorities competent for the institutions where persons deprived of liberty are or may be, and reiterated that the prohibition of torture and inhuman or degrading treatment or punishment is absolute and that protective measures taken by the state to contain COVID-19 must never result in any form of ill-treatment of persons deprived of liberty.

Furthermore, he reminded of a statement by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) dated 20 March 2020, which sets out the principles relating to the treatment of persons deprived of liberty during the coronavirus pandemic. With this in mind, all competent bodies and all institutions, where persons deprived of their liberty are or may be, are urged to fully abide by the provision of Article 202 of the Constitution of the Republic of Serbia during the state of emergency, as well as to adhere to the recommendations by the World Health Organization and CPT principles.

Attachments:

Statement of principles

SPT advice

The National Preventive Mechanism visited Stari Grad Police Station in June 2019, and based on the established facts, the Ministry of Interior (MOI) and the police station were sent a Report on the visit with Recommendations. Not even by the early 2020 did the NPM receive the MOI’s response regarding the Recommendations issued, so the NPM paid a follow-up visit to PS Stari Grad on 30 January 2020. Following that visit, MOI submitted a response stating that all the NPM’s Recommendations were acted upon.

Acting upon a recommendation, Stari Grad Police Station designated two rooms where interrogations would be conducted, both were painted, and since they were not equipped and put into operation, PS Stari Grad sent a written request to the Sector for Material and Financial Affairs of the MOI. As reported by the police officers, in the MOI budget for 2020, funds were allocated for equipping special interrogation rooms with technical equipment and PS Stari grad should be the first one within the Belgrade Police Administration to have these rooms equipped with the necessary technical equipment for audio and video recording of the interrogation procedures.

In PS Stari grad, also in accordance with the recommendation by the NPM, a special room was designated for adequate storage of confiscated items related to a criminal offence. The NPM monitoring team visited the room and determined that inside, in a metal cabinet, confiscated items related to criminal offences were stored, properly labelled and they had the evidence number identifying the case to which they refer. Upon reviewing the register of confiscated items, it was determined that the unified record of confiscated items is kept properly.

Finally, the recommendation to keep videos from video surveillance in PS Stari grad for at least 30 days was accepted.

The Clinic for Psychiatry of the Clinical Center of Serbia has informed the Protector of Citizens about the activities it has undertaken in accordance with the recommendations of the National Mechanism for the Prevention of Torture, which it received in the Visit Report of October 30, 2019.

Regarding the recommendations concerning more detailed and orderly keeping of the medical history and an increase in the availability of physicians to the patients for interviewing, with the protection of privacy and confidentiality of personal information, the Clinic stated that compliance with these procedures will be subject to continuous internal quality review of professional work.

In addition, the Clinic has compiled a list of diagnostic and therapeutic procedures that can be followed with even the least minimal risk to the health of the patient in order to create an appropriate form used at the Clinical Center of Serbia for informed consent of the patient to a subsequently introduced medical measure. The clinic has accepted the NPM's recommendation to expand the psycho-social rehabilitation plan by developing accessible and tailored psycho-social rehabilitation activities to suit patients' individual needs and capabilities.

In connection with NPM's recommendation that the Clinic develop a program of continuing specialist education for nursing staff, the Clinic submitted a 2019 Report and an Education Plan for 2020 and informed the Protector of Citizens that it has a long tradition of educating nurses, technicians and therapists, that the lectures accredited by the Health Council of Serbia are compulsory and necessary for the re-licensing of the work permit, and that the nurses-technicians from the nursing and treatment of psychiatric patients department are also educated by attending specialist meetings, symposia and conferences of professional associations.

The Clinical Center of Serbia and the Ministry of Health were requested information on the activities undertaken to procure the prescribed equipment for performing the health care activity and to carry out standard diagnostic procedures, investment maintenance of the building and installation of an external lift for the needs of the Psychiatry Clinic.

In August 2019, the National Preventive Mechanism, as part of its regular, planned activities, visited the Velika Plana Police Station, part of the Smederevo Police Administration. The visit was unannounced, and within it the NPM team visited two detention facilities, interviewed police officers and gained insight into individual detention cases and cases of use of coercive means. All police officers cooperated fully with the NPM by providing all the information requested, and by enabling the team to access and photograph the documentation, as well as to tour and photograph the premises. Based on the visits and the facts established, the NPM submitted a Report with recommendations to the supervised authority.

In accordance with the recommendations of the NPM, measures are being taken at the Velika Plana Police Station to ensure that surveillance videos are kept for a period of not less than 30 days, as well as to improve the accommodation capacities of the detention facilities. The response of the authorities also stated that a letter was sent to organizational units of the Police Administration of Smederevo saying that they should start using a special room for the purpose of identifying and hearing persons, if they have one. Bearing in mind that the NPM recommended the correct calculation of the beginning of detention under the Criminal Procedure Code, the heads of organizational units of the Police Administration of Smederevo were ordered to carry out controls of cases of detained persons in this regard.