Towards full respect of rights of persons deprived of liberty

January 26, 2018

Donor: Open Society Foundations

Duration: 1 September 2017 – 31 August 2019

The overall objective of the project is to further improve the criminal justice in Serbia. The objective of the project is to empower stake holders to wider use the alternative sanctions and alternatives to pre-trial detention and tackle the problem of impunity for torture, inhuman and degrading treatments or punishments by improving the legal practice through strategic litigation, education of police, attorneys at law, young lawyers, medical doctors and general public.

The purpose of the envisaged activities is to: 1) improve the capacities of BCHR to continue and expand the activities related to the fight against torture, inhuman and degrading treatment and punishment of persons deprived of liberty, 2) improve the capacities of the administration in the area of alternative sanctions and healthcare of prisoners, 3) capacitate medical doctors and attorneys at law to detect and document acts of torture and ill-treatment as well as to provide for better protection to persons deprived of liberty, 4) sensitize general public in understanding the acts of torture and consequences for victims, 5) secure continuous monitoring and insight into the work of courts and prosecutors regarding cases of torture and ill-treatment involving state officials responsibility.

During the first 12 months, the following activities will be executed:

  1. Data collection/desk research

The BCHR will continue gathering statistical data concerning alternatives to detention – alternative sanctions, parole, discharge with protective supervision, opportunity, plea-bargaining, as well as case files of all criminal proceedings conducted for criminal offences Extortion of statement (Article 136 of the Criminal Code) and Ill-treatment and torture (Article 137 of the Criminal Code) which is of immense importance having in mind that the Centre is the only organization in the country that has complete database on the above mentioned issues for the period starting from 2010.

  1. Commissioners for the Execution of Criminal Sanctions

The activities related to the Commissioners for the Execution of Criminal Sanctions are aimed at exploring the possibility of expending the network beyond the existing 25 Commissioner Offices, to include offices in up to 8 additional municipalities. The BCHR researchers will conduct performance oriented capacity analysis of all 25 existing Commissioner Offices incl. analysis of their territorial jurisdictions and their organisational structure, economic potential, profiles of local public enterprises and will present findings in a report with relevant recommendations. In continuation, meetings will be organized in up to 8 towns in Serbia – determined on the basis of the research result, but also based on the suggestions of the Penal Sanctions Enforcement Directorate, this topic being its priority. Local meetings will be intersectors – respresentatives of the local self-governments, public companies, National Employment Service, social work centers and similar organizations – and will pose an opportunity for the local institutions to network and start thinking about founding the Commissioner Office. Experts would present models of existing offices for alternative sanctions and their effect, the reseacher would present the analysis and statistical data in regard to how many alternative sanctions and measures have been imposed in the respective administrative center.

  1. Strategic litigation

The BCHR will continue to represent victims of torture and ill-treatment, as well as initiating new cases.