UN Experts Urge Serbia to Bolster Protections Against Torture in Detention Facilities

“We observed that many individuals, including children, spend extended periods in pretrial detention under restrictive conditions, which may increase the risk of ill-treatment,” Bagaglini stated.

The United Nations Subcommittee on Prevention of Torture (SPT) has issued a strong call for the Government of Serbia to take more decisive steps in protecting the rights of individuals deprived of liberty. Following its first official visit to Serbia, conducted between 15 and 21 June, the SPT highlighted critical shortcomings in criminal justice and social care systems, urging reforms to prevent torture and ill-treatment across detention facilities and care institutions.

The delegation visited a range of sites, including prisons, remand centers, police cells, and residential care homes for both elderly individuals and children, all of which are legally mandated settings where individuals may be deprived of liberty. These unannounced inspections are part of the SPT's global mandate to monitor and advise on the conditions of detention in line with the Optional Protocol to the Convention against Torture (OPCAT).

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Concerns Over Detention Conditions and Prolonged Pretrial Confinement

According to Massimiliano Bagaglini, Head of the SPT delegation, while Serbia has made some progress, there remain significant issues that expose detainees—particularly those held in pretrial detention and institutional care—to a heightened risk of ill-treatment.

“We observed that many individuals, including children, spend extended periods in pretrial detention under restrictive conditions, which may increase the risk of ill-treatment,” Bagaglini stated.

Such prolonged and restrictive detention is especially concerning in the context of Serbia's criminal justice framework, where delays in trial processes and lack of alternative non-custodial measures remain prevalent. The SPT emphasized that detention should always be a measure of last resort, particularly for minors and vulnerable populations such as people with disabilities.

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Institutions for People with Disabilities Raise Red Flags

The delegation raised particular concern about the treatment of individuals with disabilities housed in long-term institutional care. They noted troubling signs of systemic neglect, lack of individualized care, and insufficient safeguards to prevent abuse and ensure dignity.

The SPT stressed that individuals with disabilities have the right to equality before the law, freedom from arbitrary detention, and access to complaint mechanisms—rights that must be fully upheld in accordance with international human rights treaties, including the Convention on the Rights of Persons with Disabilities (CRPD).

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Strengthening Serbia’s National Preventive Mechanism (NPM)

The SPT underscored the importance of Serbia’s National Preventive Mechanism (NPM), operated under the office of the Protector of Citizens (Ombudsperson). Although the delegation conducted several joint monitoring visits with the NPM team, they noted the mechanism's limited independence and insufficient resources as key obstacles to its effectiveness.

“The national preventive body has an important role to play… it is vital that the mechanism is independent, well-resourced, and effective,” Bagaglini emphasized.

To align with OPCAT obligations, Serbia must guarantee the NPM's functional autonomy, provide it with adequate budgetary support, and ensure that its recommendations are taken seriously by both legislative and executive branches.

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Confidential Report and Future Recommendations

As per standard practice, the SPT will submit a confidential report to the Government of Serbia, outlining detailed observations and recommendations aimed at addressing deficiencies and preventing torture and ill-treatment. While the report remains confidential, the SPT strongly encourages the Serbian government to make the document public—a step that enhances transparency and accountability in the eyes of both domestic stakeholders and the international community.

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Collaborative Approach and Stakeholder Engagement

Throughout the mission, the SPT delegation held private interviews with detainees and institutionalized individuals to assess their treatment, as well as discussions with government officials, civil society organizations, UN agencies, and staff within facilities. This comprehensive approach ensures that the report reflects both institutional practices and lived experiences.

The delegation included five members:

• Massimiliano Bagaglini (Italy) – Head of Delegation

• Vasiliki Artinopoulou (Greece)

• Kalliopi Kambanella (Cyprus)

• Nika Kvaratskhelia (Georgia)

• Two Human Rights Officers from the SPT Secretariat

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Serbia at a Crossroads: Reform or Regression

This pivotal visit has placed a spotlight on Serbia’s obligations under international human rights law. The SPT’s findings reflect a dual message: acknowledgment of improvements in detention conditions and human rights discourse, but also a clear warning that systemic issues—particularly in relation to the judicial system, institutional care, and NPM functionality—must be urgently addressed.

The international community, alongside Serbia's civil society, will be watching closely to see whether the country takes meaningful steps toward reform, or allows existing gaps to widen, to the detriment of its most vulnerable populations.