Part II: Challenges and opportunities 58 Prompt and independent investigation: the Serbian experience By Sandrina Speh Vujadinovic and Marina Mijatovic Sandrina Speh Vujadinovic is a psychologist at the International Aid Network and Marina Mijatovic is a lawyer at the Belgrade Centre for Human Rights One of the main principles of the UN Convention against Torture is the obligation of states to ensure that complaints and reports of torture or ill-treatment are promptly and impartially investigated. This includes a requirement for investigators who are independent, competent and have access to credible legal, medical and psychological evidence. As in many other countries, Serbia is still far from achieving the full realisation of the standard necessary for ensuring full reparation for victims and future prevention of torture. According to the latest Serbian Criminal Proceeding Code (CPC), investigations into any crime are to be instituted against a person when there is reason to believe that he or she has committed a criminal offence. The Public Prosecutor is required to prosecute allegations of crimes, including torture ex officio (on its own motion). The Public Prosecutor has the power to request the investigating judge to carry out investigations. If the investigating judge disagrees with the prosecutor’s request to open an investigation, he or she can submit the matter to a chamber of three judges, which decides whether a prosecution should be instituted. Both the suspect and the prosecutor, but not the victim, may appeal the chamber’s decision to a higher court. When deciding to institute an investigation, the investigating judge may entrust police officers with carrying out the investigation. There are no specific bodies or units charged with investigating complaints of torture. In accordance with the PSEA (Penal Sanctions Enforcement Act), a medical examination is mandatory upon admission and release from prison. In case of the use of force there is an obligation to carry out two medical examinations within 24 hours. Medical reports produced in this way can constitute important evidence in the investigation of torture cases. Medical evidence is used like any other evidence. The CPC only includes provisions related to expert witness testimony on injuries but does not contain a similar provision for torture