Disciplinary proceedings were initiated against 11 employees of the Administration for the Execution of Criminal Sanctions (UIKS) for serious breach of official duty during the past year.
This was reported to "Vijesti" by the institution, but they did not specify which specific injuries were involved.
"In certain cases where there were grounds for suspicion that a criminal offense had been committed, the Security Department was notified, as well as the prosecutor's office, which then took actions and measures within their jurisdiction, and these officers were temporarily restricted from performing their duties until the completion of the initiated proceedings," UIKS told "Vijesti".
They also explained that in relation to serious violations of official duty, conducting disciplinary proceedings and imposing disciplinary measures is within the competence of the Disciplinary Commission of the Government of Montenegro as an independent body in proceedings at the state and local levels.
The Basic State Prosecutor's Office did not respond to "Vijesti" whether a case had been opened against some of the officials who seriously violated their official duties.
In addition to 11 violations of official duty, three UIKS officers were disciplined for minor violations of duty.
"All three disciplinary proceedings for minor violations of official duty have been completed and the officers have been given disciplinary measures in accordance with the law," UIKS's responses specified.
According to the annual report on the work of that institution, some prisoners also addressed the institution of the Protector of Human Rights and Freedoms regarding the work of security officers.
Protector: Investigate reasons for withdrawing abuse complaints
At the 20th session of the Committee for Human Rights and Freedoms held on May 7, Deputy Protector Mirjana Radović announced that when it comes to preventing torture and ill-treatment in the past year, allegations of ill-treatment were present to a lesser extent.
She said that the Ombudsman's office said that UIKS generally processed allegations of abuse in a timely manner, including temporarily suspending employees who were reported for abuse.
The institution recalled national regulations and international standards that absolutely prohibit abuse and warned that UIKS is expected to ensure absolute compliance with the prohibition of abuse, especially considering the vulnerability of persons who report such allegations and the fact that they may be exposed to unlawful pressure from officials to withdraw the allegations made.
9 cases in which means of coercion were used - six against convicted persons and three against detained persons. These means related to the application of physical force, the use of hand-held spray with an irritant agent and the use of restraints.
Radović told the committee that the Protector positively assesses the work on the construction of the open-type prison facility, the expansion of the capacities of the Remand Prison, which provides additional accommodation capacity for around 60 prisoners, as well as the prison hospital facility at UIKS.
"However, the situation in the Remand Prison remains concerning, especially regarding the material conditions in certain parts of the Remand Prison," the Office of the Protector of Human Rights and Freedoms assessed.
The Deputy Protector pointed out that there are a certain number of recommendations whose fulfillment does not require significant financial resources and they could be fulfilled immediately, such as recommendations regarding the allocation of a sufficient number of hygiene packages and the rehabilitation of the premises in which persons reside.
"Means of coercion were used mainly to provide active or passive resistance, fail to comply with verbal or other orders, prevent an attack on an official, and violent behavior," the UIKS report states.
The Protector assessed that when it comes to suicide in prison, it is necessary to develop documents that would define the necessary steps for the prevention and deterrence of suicide among detained and imprisoned persons, and that an internal protocol on how to proceed in the event of a hunger strike, or refusal to eat, in UIKS has not yet been developed.
Deputy Radović announced that among persons deprived of their liberty and restricted in their movement, those in psychiatric institutions and residential-type social care institutions remain the most vulnerable.
"A particular problem is that there is no clear strategic direction for the deinstitutionalization of this vulnerable category," the deputy protector assessed.
The assessment of this institution is that the network of community mental health centers that would provide comprehensive mental health care with the least possible restrictions and as close to the place of residence as possible has not been developed. Therefore, they made recommendations to the competent authorities to strengthen the capacities of local mental health centers and, in cooperation with the Police Directorate, to develop a Protocol that would precisely define the role, procedures and cooperation of the officers involved, including employees of mental health centers, social work centers and police officers, with the aim of a timely, synchronized and multi-sectoral approach in working with mentally ill persons.
Prisoner abuse case at the prosecutor's office
"Vijesti" recently wrote about the case of UIKS officer Goran Đuričković, who was accused of abusing prisoner Enis Tičić.
The decision to file an indictment against him was made by the Basic State Prosecutor's Office in Podgorica.
"The Basic State Prosecutor's Office in Podgorica has filed an indictment with the Basic Court in Danilovgrad against G.Đ. from Danilovgrad, an employee of the Administration for the Execution of Criminal Sanctions, a senior prison police supervisor, for the criminal offense of abuse. The defendant, while performing an official act of returning the convicted person, the injured party TE, from the walking circle to the prison premises, struck him several times with an open fist in the head and body, while the injured party did not offer any resistance to the defendant throughout the entire incident," said the Podgorica State Prosecutor's Office.
The incident at the Short Sentence Prison occurred on April 8th.
Vijesti previously reported, citing official documentation, that Đuričković claimed to police inspectors that he hit Tičić after the latter attacked him and threatened him that "his family would pay."
The official note, which contains Tičić's statement, states that he only wanted to ask the officer to take him to a phone booth and that he put his hand on his shoulder in a friendly manner.
The police then came to the Supka prison due to a report that a UIKS officer had been attacked, but three days later they filed criminal charges against Đuričković.
Daggers were taken from prisoners
The institution's annual report for last year states that officers confiscated items such as daggers from prisoners, as well as phones, tablets, chargers, and the like.
Trend of withdrawal of complaints
"Without entering into the right of every individual to withdraw a complaint at any time, in the reporting period we have recorded a trend of withdrawal of complaints of abuse in at least three cases, which, in the opinion of the Ombudsman, is an indicative indicator, which UIKS has been warned about, because it is necessary to examine the reasons for withdrawing the complaint in each specific case," Radović conveyed the Ombudsman's assessment.
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