The UN Subcommittee on Prevention of Torture (SPT) has voiced a critical need for Serbia to step up its efforts in safeguarding individuals deprived of their liberty from torture and other forms of ill-treatment. This demand came to light following a week-long mission in Serbia where the SPT team visited various detention facilities including prisons, police cells, remand centers, and homes for the elderly and children.

During their mission, the SPT delegation, led by Massimiliano Bagaglini, uncovered several areas needing immediate attention. Notably, issues in the criminal justice and social care sectors were highlighted as particularly concerning. Additionally, the team observed numerous cases where individuals, including minors, were subjected to prolonged periods of pretrial detention under harsh conditions. Concerns were also raised regarding the treatment of individuals with disabilities in various institutions.

Serbia ratified the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in 2006, which mandates that all signatories establish their own mechanisms for preventing torture. As part of its obligation, Serbia established the Protector of Citizens (Ombudsman) as its National Preventive Mechanism (NPM). This body is empowered to make recommendations for the improvement of conditions and the prevention of ill-treatment in places of detention.

The 2023 NPM report from Serbia included several recommendations aimed at enhancing the conditions within detention facilities. One such recommendation addressed to PS Bačka Planka, a police department, emphasized the necessity to ensure detainees have access to fresh air and natural light.

Despite the OPCAT being ratified by 94 states, which obliges them to permit unannounced visits by the SPT to any place of detention, challenges remain in its enforcement. Critics argue that international sanctions for non-compliance are often not stringent enough and that establishing international tribunals to prosecute violations is both expensive and complex.

The SPT is set to submit a confidential report to the Serbian government detailing their observations and recommendations. It is encouraged that this report be made public to ensure transparency and to foster greater compliance with international obligations under OPCAT.

This development underscores the ongoing global struggle to enforce international norms and protect the most vulnerable from inhumane treatment. The effectiveness of such international mechanisms remains a pressing issue in the realm of human rights.