1. INTRODUCTION
1.1. Reason for submitting the report
By the Law on amending the Law on Ratification of Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), adopted
on 28 July 2011, the Protector of Citizens shall operate a National Preventive Mechanism (NPM).
In performing the duties of NPM the Protector of Citizens shall cooperate with ombudsmen of
autonomous provinces and associations whose statute intended goal is the promotion and
protection of human rights and freedoms, in accordance with the Law. Protector of Citizens
informed the Subcommittee for prevention of torture and other cruel, inhuman or degrading
treatment or punishment (Subcommittee) about the mentioned above.
For the purpose of informing relevant authorities and bodies, this report contains all activities
conducted by the Protector of Citizens in the past six months of the 2011, in preparation for the
beginning of the work and efficient performance of the NPM in accordance with the OPCAT.
The Protector of Citizens delivered the report to Subcommittee on 25 January 2012 with all
undertaken activities.
1.2. Protector of Citizens
1.2.1. Mandate
Republic of Serbia Constitution
The Republic of Serbia Constitution 1 Article 138 lays down that the Protector of Citizens is an
independent administrative body which safeguards the rights of citizens and controls the
activities of the bodies of government administration, of the body in charge of legal protection
of property rights and interests of the Republic of Serbia as well as of any other bodies and
organizations, companies and institutions entrusted with the exercise of public powers. The
Protector of Citizens is not authorized to control the activities of the National Assembly, the
President of the Republic, the Government, the Constitutional Court, the courts and public
prosecutors offices. The Protector of Citizens is appointed and relieved of duty by the National
Assembly in accordance with the Constitution and the law. The Protector of Citizens answers to
the National Assembly. The Protector of Citizens enjoys immunity as a Member of Parliament.
The immunity of the Protector of Citizens is decided upon by the National Assembly. A law is
adopted on the Protector of Citizens.
The Law on the Protector of Citizens (Ombudsman)
The Law on the Protector of Citizens 2 lays down that the Protector of Citizens is independent,
autonomous in performing its duties, a state body which safeguards and looks after promotion
of citizens’ rights and controls the legality and regularity of the work (performed) by bodies of
government administration, the body in charge of legal protection of property rights and
interests of the Republic of Serbia as well as of other bodies and organizations, enterprises and
institutions entrusted with the exercise of public powers.
In performing the duties from its remit the Protector of Citizens acts within the limits of the
Constitution, the law, other regulations and bylaws as well as the ratified international treaties
and the generally accepted rules of international law.
1
2
Constitution of Republic of Serbia (“Official Gazette of the Republic of Serbia” No. 98/2006)
Law on the Protector of Citizens (“Official Gazette of RS”, Nos. 79/2005 and 54/2007)