The Protector of Citizens of the Republic of Serbia is an independent and autonomous public authority, introduced in the legal system of the Republic of Serbia in 2005 under the Law on the Protector of Citizens. The position of this institution was substantially reinforced by the Constitution of the Republic of Serbia of 2006, which made the Protector of Citizens a constitutional category.
Since 2011, in accordance with the Law amending the Law on Ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Protector of Citizens has been designated as the National Preventive Mechanism. Also, according to the Law on the Protector of Citizens, the Protector of Citizens has a deputy who assists him in carrying out the tasks of the NPM.
The Protector of Citizens shall have the power to control the legality and regularity of work of administrative authorities to determine whether their acts, actions or failure to act resulted in violations of citizens’ rights guaranteed by the Constitution, ratified international treaties, generally accepted rules of international law, laws, other regulations and general acts of the Republic of Serbia.
The Protector of Citizens shall not have the power to control the work of the National Assembly, the President, and the Government, the Constitutional Court, courts and public prosecutor’s offices.
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The Protector of Citizens shall have up to four deputies that shall help him/her in performing the duties provided for in this Law, within the powers delegated to them by the Protector of Citizens. When delegating powers to deputies, the Protector of Citizens shall in particular ensure special expertise for the performance of duties under the competence of the Protector of Citizens, in particular regarding the protection of rights of persons deprived of their liberty, gender equality, child rights, rights of national minorities and rights of persons with disabilities.
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The Protector of Citizens shall have the power to initiate proceedings before the Constitutional Court for the review of constitutionality and legality of laws, other regulations and general acts.
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The Protector of Citizens is the National Human Rights Institution of Serbia, established and functioning in accordance with the Paris Principles. It has been accredited as an A-status National Human Rights Institution by the Global Alliance of National Human Rights Institutions (GANHRI). It regularly reports to the UN treaty bodies and cooperates with the special procedures mandate-holders.
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The Protector of Citizens shall submit a regular annual report on his/her work and the state of human rights in the Republic of Serbia to the National Assembly, which shall include the following: information on activities in the preceding year, information on identified irregularities in the work of administrative authorities, recommendations for improvement of the practice and the normative regulation of individual fields, proposals for improvement of the status of citizens in relation to administrative bodies, as well as data on the implementation of recommendations and proposals from previous reports. Every annual report contains a specific section devoted to the police issues. All annual reports are available in English at www.ombudsman.rs.
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The Constitution and the Law on the Protector Citizens are attached.

Organisation

Mr. Zoran Pašalić is the actual Protector of Citizens of the Republic of Serbia.

Powers

The Protector of Citizens shall have the power to control the legality and regularity of work of administrative authorities to determine whether their acts, actions or failure to act resulted in violations of citizens’ rights guaranteed by the Constitution, ratified international treaties, generally accepted rules of international law, laws, other regulations and general acts of the Republic of Serbia.
The competent committee of the National Assembly, or the Government and administrative authorities, shall be obliged to consider the initiatives of the Protector of Citizens and notify the Protector of Citizens thereof within 60 days of the date of submission of the initiative at the latest.
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In the process of drafting of regulations, the Protector of Citizens shall have the power to give his/her opinion to the National Assembly, or to the Government and administrative authorities, on bills and other draft regulations if they concern issues relevant for the protection of citizens’ rights.
If no opinion is submitted within the deadlines provided by special regulations, it shall be deemed that there were no objections.
The Protector of Citizens shall have the power to initiate proceedings before the Constitutional Court for the review of constitutionality and legality of laws, other regulations and general acts.
The Protector of Citizens shall have the power to recommend in writing the dismissal of an official, or to initiate disciplinary proceedings against an employee in an administrative authority, which violated citizens’ rights or made an omission that caused material or other damage to a citizen:
• If he/she rejects or fails to rectify the violation or the omission as instructed by the Protector of Citizens, or
• If he/she fails to perform another duty set by the law in the procedure conducted by the Protector of Citizens.
If he/she finds that the actions of an official or an employee in an administrative body contain elements of a criminal or other punishable act, the Protector of Citizens shall have power to file a motion to the competent authority or file a report to initiate criminal, misdemeanor or other appropriate proceedings.
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Administrative authorities shall cooperate with the Protector of Citizens and grant him/her access to their premises and information available to them which are relevant for the investigation conducted by the Protector of Citizens or for the achievement of the objective of his/her preventive acting, regardless of the classification level of such information, except where this is contrary to the law.
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The Protector of Citizens shall have power to interview any employee of administrative authorities when relevant for the proceedings he/she conducts.
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The Protector of Citizens and Deputy Protectors of Citizens shall keep as confidential any data they learn in the performance of their tasks even after termination of their office. Employees in the Secretariat of the Protector of Citizens shall also be subject to the duty to keep confidentiality of data.
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The President, the Prime Minister and members of the Government, the Speaker of the National Assembly, and the President of the Constitutional Court and officials of administrative authorities shall meet with the Protector of Citizens on his/her request within fifteen days of such request at the latest, and in a case that requires an urgency of action within three days.

Contact

Telephone: 00381 2068 100
Email address for complaints: http://www.ombudsman.org.rs/index.php?option=com_content&view=article&id=51&Itemid=10 (English);
Website: www.ombudsman.rs (Serbian) ; www.ombudsman.org.rs (English)