14
Convention against Torture, Article 12
Each State Party shall ensure that its competent authorities proceed to a prompt and impartial
investigation, wherever there is reasonable ground to believe that an act of torture has been
committed in any territory under its jurisdiction.
In that sense, each State Party is obliged to ensure that any individual who alleges that he had been
subjected to torture has the right to complain to the competent authorities and to have his/her case
promptly and impartially investigated, ensuring the complainant and witnesses are protected against
any ill-treatment or intimidation as a consequence of his/her complaint or any other given statement32.
Convention against Torture, Article 14 Paragraph 1
Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation including the means for
as full rehabilitation as possible33.
Each State Party ensures that any statement, established as a result of torture may not be invoked as
evidence in any proceedings, except against a person accused of torture as evidence that the statement
was made34.
The Convention against Torture established a Committee against Torture35. The States Parties are obliged
to submit reports to the Committee on the measures they have taken to fulfill their commitments under
this Convention. Each report is reviewed by the Committee providing comments or suggestions on
the report when considered appropriate, and sending them to the any State Party concerned to which
the State Part may respond36. The Republic of Serbia had submitted reports to the Committee, who
responded including comments on them37.
The Republic of Serbia is Member State of the Council of Europe. European Convention for Protection
of Human Rights and Fundamental Freedoms38 and European Convention for Prevention of Torture and
Inhuman or Degrading Treatment or Punishment39 (European Convention for Prevention of Torture) were
ratified in 200340.
European Committee for Prevention of Torture has been established by European Convention for
Prevention of Torture.41 Each State Party is obliged to permit visits to the Committee, to any place within
its jurisdiction where persons are deprived of their liberty are placed.42 The State Party is obliged to
permit to the Committee access to its territory and the right to travel without restriction, full information
on the places where persons deprived of their liberty are being placed, unlimited access to any place
where persons are deprived of their liberty, including the right to free movement inside such places
without any restriction, and the right to interview privately persons deprived of their liberty, or any
person whom it believes can supply relevant information.43 After each visit, the Committee shall draw
up a report on the facts found during the visits.44 The Committee had visited Serbia three times, in 2004,
2007 and 2011.45
32
33
34
35
36
37
Convention against Torture, Article 13.
Convention against Torture, Article 14.
Convention against Torture, Article 15.
Convention against Torture, Article 17.
Convention against Torture, Article 19 Paragraph 1.
Comment made by the Committee for the Prevention of Torture at its 41st session, from 3 November to 21 November 2008 on the Report of
the Republic of Serbia.
38 Composed on 4 November 1950 in Rome.
39 Signed on 26 November 1987 in Strasbourg.
40 “Official Gazette of Serbia and Montenegro – International treaties”, No. 9/2003, 5/2005 and 7/2005 – modified and Official Gazette of Serbia and
Montenegro – International treaties , No. 9/2003).
41 European Convention for Prevention of Torture, Article 1.
42 European Convention for Prevention of Torture, Article 2 and Article 7 Paragraph 1.
43 European Convention for Prevention of Torture, Article 8.
44 European Convention for Prevention of Torture, Article 10 Paragraph 1.
45 Reports on visits to the Republic of Serbia and responses made by the Government of the Republic of Serbia can be consulted on the
webpage of the European Committee for Prevention of Torture www.cpt.coe.int/en/states/srb.htm.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents