The Protector of Human Rights and Freedoms, Siniša Bjeković, at the invitation of detainees on hunger strike, visited the Remand Prison in Spuž and spoke with the Director of the Administration for the Execution of Criminal Sanctions (UIKS), Darko Vukčević, and Assistant Director Nebojša Janković.
The Protector visited the detainees to learn about their requests and to establish to what extent the Protector institution has the mandate and authority to initiate proceedings aimed at overcoming the current situation.
"We also remind you that the institution of the Protector is continuously informed of the situation in UIKS and that recommendations are made, both in the preventive and reactive mandate," the institution announced.
The conversation, as announced, repeated assessments of the unsatisfactory condition of the prison facility, which primarily relates to overcrowding and "a negative trend that can lead to even greater problems in the functioning of the prison system." "In all of this, the interlocutors emphasized the Administration's efforts to ensure the needs of detainees and expressed a positive attitude towards their relationship in the current situation," they said.
"The main problem pointed out by the detained persons is the excessively long duration and lenient determination, or extension of detention, and the failure to determine alternative measures for attendance at criminal proceedings. It is pointed out that some persons have been in detention for many years without a final judgment being rendered. It is also pointed out that the long duration of detention after the indictment is filed until the first-instance judgment is rendered, which calls into question the regime of residence and the exercise of the rights they are entitled to. This primarily refers to going out into the open and the regime of walking in the detention area that is below the prescribed limits, family visits and the lack of privacy during these visits, difficult communication with defense attorneys due to waiting too long for a confidential conversation, and when it comes to hygiene conditions, the lack of chemical agents due to slow tender procedures and particularly difficult conditions in rooms with a large number of people housed," it is added.
The Ombudsman, in the area of judicial jurisdiction, emphasized that the institution of the Protector does not have the authority to interfere in the merits of court decisions at any stage of the procedure, saying that it has the authority to act in cases of unjustified delay in proceedings and unreasonably long duration of court proceedings.
"It was mutually concluded that most issues must be approached systematically, in order to find the optimal way in which judicial institutions could exercise their function, in a way that would not violate the rights of the accused and at the same time create the prerequisites for the prompt completion of cases, and in order to resolve all issues that cause the current situation when placing in the Remand Prison. The Institution of the Protector will prepare a short report on these discussions in order to encourage, in communication with the competent authorities, the undertaking of activities aimed at improving the situation and avoiding further overcrowding that may lead to new challenges, including security, health and sanitation, lack of spatial capacity, and the like," the statement reads.
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