A/HRC/40/59/Add.1
32.
The Special Rapporteur further found that although access to basic health care and
dental and psychiatric support was guaranteed in principle, there was still a large margin for
improvement, and further efforts were required. In particular, the large facilities visited by
the Special Rapporteur had an insufficient number of health professionals compared to the
number of detainees they were required to care for. Additionally, there did not seem to be
special programmes for detainees affected with long-term illnesses, including cancer and
HIV.
33.
While the holding cells in the police stations visited generally offered satisfactory
conditions for short-term detention up to 48 hours, the cells in the basement of the New
Belgrade police station were found to be in very poor condition, without adequate access to
natural light and ventilation, and with deplorable sanitary and hygienic conditions. It is the
Special Rapporteur’s considered opinion that the detention of human beings in these
holding cells amounts to cruel, inhuman or degrading treatment or punishment and must be
immediately discontinued.
34.
Overall, although the physical conditions of detention are not yet satisfactory in all
of the visited institutions, the Special Rapporteur would like to expressly commend the
authorities for their genuine, sustained and successful efforts towards significantly
improving the conditions of detention throughout Serbia and urge them to continue their
efforts with the same determination and commitment.
E.
Excessive length of pretrial detention
35.
During his visit, the Special Rapporteur received numerous and consistent
complaints from detainees about the perceived excessive length of their pretrial detention
and the prolonged absence of any meaningful investigative or judicial action taken on the
part of the prosecuting or adjudicating authorities for periods ranging from several months
to several years, even in cases where the detainee claimed to have confessed and shown full
cooperation.
36.
The Special Rapporteur also received numerous complaints from convicts who
alleged that they had not been considered for conditional release, despite having served two
thirds of their sentence with good conduct. The consistency of the individual allegations
themselves and with reports from civil society suggests a pattern of inefficiency in
prosecutorial and judicial practice throughout Serbia which, in cases exceeding the margins
of reasonableness, may well result in arbitrary detention and even amount to cruel, inhuman
or degrading treatment.
37.
While fully recognizing that deprivation of liberty in accordance with international
standards remains a necessary and legitimate investigative measure and punitive sanction in
any State governed by the rule of law, the Special Rapporteur is of the view that the
prosecuting and judicial authorities of Serbia should take all necessary and appropriate
measures to reform their practices, with a view to avoiding any unnecessary, excessive or
otherwise arbitrary deprivation of liberty.
F.
Institutions for persons with psychosocial disabilities
38.
The Special Rapporteur visited two social care institutions for persons with
psychosocial disabilities, the Otthon centre in Stara Moravica and the Veternik centre. In
both institutions, the material conditions of accommodation and care seemed to be modest
but generally acceptable. However, both institutions suffered from serious understaffing,
thus not allowing for the continued, individual attention that would be required for the
development of residents’ personal capacities.
39.
The Special Rapporteur notes with serious concern that residents are not separated
according to their age, sex and disability, which raises concerns regarding their possible
exposure to violence and sexual abuse.
40.
In both centres, babies with disabilities, as well as children and adults with very
limited mobility spent most of the time lying in cribs or metal beds with little or no human
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