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Ref. DC 118(2016)

Serbia: ill-treatment, overcrowding, poor material conditions in prisons among key shortcomings, says Council of Europe anti-torture committee

Strasbourg, 24.06.2016 – In its new report on Serbia published today the Council of Europe’s anti-torture committee noted good co-operation received from the national authorities, but expressed concern over the non-implementation of the bulk of previous recommendations given five years ago. The response by the Serbian Government to the report was also published today.

The report follows a visit by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) delegation in May 2015 of several police stations, six prisons, as well as a psychiatric hospital and a social care home.

During the visit, the CPT delegation received a significant number of allegations of physical ill-treatment of criminal suspects by the police during questioning, consisting primarily of slapping, handcuffing in stressed positions, suffocating with plastic bags, inflicting electric shocks, and the so-called “falaka” – caning the soles of the feet. The Committee found unconvincing and unsatisfactory the response received from the Ministry of Interior which rejected these allegations and said that police officers had acted according to the relevant regulations and instructions.

The committee also received allegations of ill-treatment in all the prisons visited, apart from the Belgrade District Prison, where the atmosphere has improved considerably since 2011. The level of inter-prisoner violence and intimidation was particularly worrying in Sremska Mitrovica and Pančevo prisons, and was linked to their chronic understaffing, illicit drug use, poor material conditions and a lack of activities.

The authorities must deliver a strong message that the ill-treatment of detained persons is illegal, unprofessional and will result in appropriate sanctions, the Committee said. An independent complaints mechanism should be established, with no institutional and hierarchical connections between the investigators and the police officers suspected of ill-treatment. Medical examinations of inmates complaining of ill-treatment must be conducted out of sight of the non-medical staff and injuries be adequately recorded.

Material conditions have considerably improved at Belgrade District Prison, but remained poor in other establishments, with inadequate access to natural light and ventilation, deplorable hygienic conditions, collapsing ceilings and broken sewage systems in cells.

On the matter of overcrowding, the report noted that a recent decrease of the overall prison population in Serbia was mainly a result of an amnesty, rather than a more frequent recourse to the alternative measures of detention. Serious levels of overcrowding observed in some of the establishments, coupled with unsatisfactory material conditions, could amount to inhuman and degrading treatment, the report said, and the authorities should take urgent steps to remedy the situation.

In relation to the psychiatric establishments visited, the CPT found that there was a generally caring attitude by staff towards patients at the Vršac Special Psychiatric Hospital. However, allegations of physical and verbal abuse of patients by staff were received; and inter-patient violence appeared to be a serious problem in both institutions. The Committee recommends limiting the recourse to mechanical restraint and seclusion of patients. The treatment of residents at the Veternik Residential Facility, especially the widespread recourse to psychoactive medication for those who did not suffer from a mental health disorder, is criticized in the report. The CPT recommends that an external independent body conduct a review on the use of chemical restraint. Besides, the Serbian authorities are recommended to ensure that residents can challenge their placement in a social welfare institution, and the placement decision is subject to a regular court review.

The Committee noted the generally good cooperation from the management and staff of the establishments visited. However, during the visit attempts to mislead the delegation regarding places used for accommodating detained persons were recorded, as well as threats of intimidation and retaliatory action directed against inmates who wanted to talk to the delegation, which “constitutes a clear violation of the principle of co-operation”.  The CPT is concerned, in general, that the bulk of the 2011 recommendations with respect to prison overcrowding, refurbishment of the prison estate and the development of a purposeful regime for remand prisoners remain unimplemented. 

Contact : Tatiana Baeva, Spokesperson/Press officer, Tel. +33 3 88 41 21 41