Verdict delivered in Padinska Skela Prison murder case: Doctor and Shift Supervisor convicted

V.S. was sentenced to two and a half years in prison, while S.K. received a sentence of one and a half years.

The time they spent in pre-trial detention and under house arrest will be credited towards their prison sentences.

The other defendants, namely shift commanders D.K., S.P. and Z.K., were acquitted of the charge of dereliction of duty.

Court's reasoning

Explaining the verdict, the judge said that S.B. had died from multiple injuries sustained while under the supervision of staff at the Padinska Skela Correctional Institution.

Regarding V.S.'s responsibility, the judge stressed that primary responsibility in this case lay with the medical service and that her actions clearly constituted dereliction of duty.

The judge added that the head injury sustained by S.B. had not been recorded in his medical file, despite the fact that V.S. examined him afterwards.

Furthermore, the judge stated that on 3 February 2024, V.S. examined S.B. in his cell, in the presence of other people, at a time when he was no longer even able to speak.

He emphasised that V.S. had the authority, as a doctor, to order S.B.'s transfer to another room or have him kept in the medical unit, but failed to do so.

According to the judge, the consequences were extremely serious, as S.B. ultimately died.

Regarding S.K., the judge stated that although he knew Brajković was experiencing problems and had sustained injuries, he failed to check on his condition or visit him in his capacity as shift supervisor.

In determining the sentences, the court took into account all aggravating and mitigating circumstances relating to the defendants.

The judge said there was insufficient evidence to establish that D.K., S.P. and Z.K. had engaged in clearly negligent conduct, meaning that the evidence was insufficient to establish criminal liability.

This is a first-instance verdict, against which both the defence and the prosecution have the right to appeal.

The defendants in this case were doctor V.S. and members of the prison security service: shift supervisor S.K., employed as a junior supervisor, and three shift commanders, D.K., S.P. and Z.K. They had briefly pleaded not guilty.

S.K., D.K., S.P. and Z.K. are suspected of having committed the alleged offence between 1 and 4 February 2024 by violating general regulations, including provisions of the Rulebook on the Performance of Duties by Security Services in Institutions for the Enforcement of Criminal Sanctions, the Law on the Enforcement of Criminal Sanctions, and their respective job descriptions and official responsibilities.

Sredojević is suspected of having acted in violation of the Law on the Enforcement of Criminal Sanctions, the Rulebook on House Rules in Correctional Institutions and District Prisons, as well as the standards of the Istanbul Protocol.

"Negligent conduct in the performance of their duties"

As the prosecution previously stated, the defendants acted with obvious negligence in the performance of their official duties, despite being aware that such conduct could result in a serious violation of another person's rights, including the right to life, guaranteed by the Serbian Constitution and the European Convention on Human Rights.

Such a violation ultimately occurred on 4 February 2024, when S.B., who was serving a sentence for a misdemeanour at the institution, died.

In its indictment proposal, the prosecution asked the court to find all the defendants guilty and sentence them to actual prison terms.

This was particularly significant given that S.B. had ended up at the Padinska Skela Correctional Institution because of an unpaid fine. The prosecution argued that the defendants' clearly negligent conduct, including their failure to properly assess the situation and the events that unfolded during the relevant period, their failure to perform their official duties in accordance with the prescribed regulations, and their failure to recognise the injuries sustained by S.B., who had been sentenced for a misdemeanour, ultimately led to a violation of his right to life.

The inmates with whom S.B. shared a cell had allegedly abused, beaten and sexually assaulted him.

A separate trial was also underway against three defendants accused of jointly committing a criminal offence between mid-January and 4 February 2024 at the Padinska Skela Correctional Institution, during which they allegedly killed S.B. through particularly brutal and violent behaviour.

A first-instance verdict has also been delivered in that case.