Судија за извршење кривичних санкција у законодавству Републике Србије и пракси Европског суда за људска права
Judge for the execution of criminal sanctions in the legislation of the Republic of Serbia and the practice of the European Court of Human Rights

Summary/Abstract: One of the reasons why the Law on the Execution of Criminal Sanctions 2014 was adopted (ZIKS) was the necessity of introducing a specialized judicial body, which will supervise the procedure for the enforcement of criminal sanctions and take into account the rights of persons deprived of liberty, which are guaranteed by numerous international documents. After two years of application of the ZIKS, it is possible to make an impression on the efficiency of the work of judges for the enforcement of criminal sanctions, especially taking into account the practice of the aforementioned judges on the one hand, and the obligations that the state of Serbia took over by ratifying all international documents that clearly set forth an absolute ban torture, inhuman or degrading treatment or punishment, or - the prohibition of ill-treatment. This article highlights, first of all, certain legal solutions, which can be characterized as incomplete or superficial, and then to the shortcomings in the work of judges for the enforcement of criminal sanctions. Finally, the analysis of individual cases brought before the European Court for Human Rights on violations of Article 3 and Article 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms points to the possibility of the responsibility of the Republic of Serbia due to the insufficient effective protection of the rights of persons deprived of their liberty.

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