Impact Assessment of the Development Strategy for the System of Enforcement of Criminal Sanctions in the Republic of Serbia until 2020 (in relation to the Recommendations in the Screening Report for Chapter 23 and Interim Benchmarks set out in the EU Common Position)

Kolaković-Bojović, Milica (2020) Impact Assessment of the Development Strategy for the System of Enforcement of Criminal Sanctions in the Republic of Serbia until 2020 (in relation to the Recommendations in the Screening Report for Chapter 23 and Interim Benchmarks set out in the EU Common Position). Institute of Criminological and Sociological Research, Belgrade.

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Abstract

With respect to the harmonisation of the legal framework with European standards, Serbia has implemented all the activities laid down by the Action Plan for Chapter 23 and has attained a high level of alignment with relevant international standards. However, the introduction of the life imprisonment sentence by virtue of the 2019 amendments to the Criminal Code, without the possibility of conditional release, has caused concern in the European Commission regarding the compliance of such an arrangement with the European standards. In the previous period, significant steps and large investments were made in the construction and reconstruction of infrastructure in the system for enforcement of criminal sanctions. These efforts have also been recognized by the European Commission, which has positively assessed the progress. Over the analysed period, the greatest progress in respecting the rights of persons deprived of liberty was achieved through the enlargement and upgrades of accommodation capacities, planned and systemic reduction of prison overcrowding and improved availability of information to persons deprived of liberty about the rights pertaining to them. Significant progress has also been made regarding the development of new treatment programmes, training courses for their implementation and consequently the standardisation in the operation of the treatment service. Particularly vulnerable categories of sentenced persons are especially involved in this process. Initial steps have been taken to develop conditional release programmes as well as to standardise reports. In the analysed period, the greatest progress with respect to improving the health care of persons deprived of liberty was achieved through the reconstruction of the Special Prison Hospital in Belgrade. The system continues to face a serious shortage of medical staff, as well as inadequate conditions and equipment in certain health care services. Delays in the adoption of the new Job Classification Act in the Administration for the Enforcement of Criminal Sanctions (Ser. UIKS), and in the beginning of the operation of the reformed Department for the Enforcement of Non-custodial Sanctions, preclude the full utilisation of broad legal possibilities for imposing and enforcing alternative sanctions. The chronic shortage of staff in commissioners’ offices and the fact that a significant portion of their tasks is performed by treatment officers, which results in backlogs in both segments of their work, undermines the sustainability of the current system and affects its quality and efficiency. Underdeveloped inter-institutional cooperation regarding the implementation of prison aftercare, as well as the lack of information, significantly impede the reintegration of former sentenced persons. In spite of the constant engagement of the treatment service staff who work with juveniles, both in training programmes and in the development and piloting of new treatment programmes, their enthusiasm and commitment cannot always compensate for the understaffing, so continuous strengthening of human resources is necessary. Despite the vital importance of the supervisory role of the National Preventive Mechanism, there is still a multi-year delay in broadening its legal powers through amendments to the Law on the Ombudsperson (Protector of Citizens). Significant breakthroughs have been made in strengthening the human resources of the Ombudsperson’s Office. It is necessary to maintain the continuity and substance of cooperation of UIKS and the Ombudsperson’s Office with NGOs included in the NPM.

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