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The Republic of Serbia is a Member State of the Council of Europe. The European Convention
for the Protection of Human Rights and Fundamental Freedoms30 and the European Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment31 (European
Convention against Torture) were ratified in 2003.32
The European Convention for the Prevention of Torture establishes the Committee for the
Prevention of Torture.33 Each Party must permit visits by the Committee to any place where
persons are deprived of their liberty.34 A Party must provide the Committee with access to its
territory and the right to travel without restriction, full information on the places where persons
deprived of their liberty are being held, as well as unlimited access to any place where persons
are deprived of their liberty, including the right to move inside such places without restriction
and the right to interview in private persons deprived of their liberty and any person whom it
believes can supply relevant information.35 After each visit, the Committee draws up a report on
the facts found during the visit.36 By the end of 2014, the Committee has visited Serbia three
times, in 2004, 2007 and 2011.37
3. Optional Protocol to the Convention against Torture
Through the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment38 (Optional Protocol) the State Parties reaffirmed that abuse
is prohibited and constitutes serious violations of human rights39.
Under the Optional Protocol the State Parties have agreed to establish a system of regular visits
undertaken by independent international and national bodies to places where people are
deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading
treatment or punishment.40
The objective of the Optional protocol to ensure visits or continuous presence of a preventive
mechanism in institutions where persons deprived of liberty are held stems from the underlying
belief that the main problem of closed-type institutions is exactly the fact that they are closed and
whatever happens in them takes place far away from the public’s eye.
Each State Party must allow visits by the mechanisms established under the Optional Protocol
to any place under its jurisdiction and control where persons are or may be deprived of their
liberty, either by virtue of an order given by a public authority or at its instigation or with its
consent or acquiescence (places of detention).41
Made on 4 November 1950 in Rome.
Signed on 26 November 1987 in Strasbourg.
32 Official Gazette of Serbia and Montenegro – International Agreements, Nos. 9/2003, 5/2005 and 7/2005 corrigendum and Official Gazette of Serbia and Montenegro – International Agreements, No. 9/2003).
33 Article 1 of the European Convention for the Prevention of Torture.
34 Article 2 and Article 7, paragraph 1 of the European Convention for the Prevention of Torture.
35 Article 8 of the European Convention for the Prevention of Torture.
36 Article 10, paragraph 1 of the European Convention for the Prevention of Torture.
37 Reports on visits to the Republic of Serbia and responses of the Serbian Government are available at thhe official
website of the European Committee for the Prevention of Torture www.cpt.coe.int/en/states/srb.htm.
38 Adopted on 18 December 2002 in New York at the 57th session of the UN General Assembly under the Resolution
A/RES/57/199 and entered into force on 22 June 2006.
39 Preamble of the Optional Protocol.
40 Article 1 of the Optional Protocol.
41 Article 4, paragraph 1 of the Optional Protocol.
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