(27) The State party is encouraged to disseminate widely the report it submitted to the Committee, its replies to
the list of issues, the summary records of meetings and the conclusions and recommendations of the Committee, in
all appropriate languages, through official websites, the media and non-governmental organizations.
(28) The Committee requests the State party to provide, within one year, information on its response to the
Committee’s recommendations contained in paragraphs 6, 11, 12 and 17 above.
(29) The State party is invited to submit its next periodic report, which will be considered as the second report,
by 21 November 2012.
45.
Serbia
(1)
The Committee against Torture considered the initial report of Serbia (CAT/C/SRB/2 and Corr.1) at its 840th
and 843rd meetings (CAT/C/SR.840 and 843), held on 5 and 6 November 2008, and adopted, at its 857th and 859th
meetings (CAT/C/SR.857 and 859), held on 17 and 18 November 2008, the following concluding observations.
A. Introduction
(2)
The Committee welcomes the submission of the initial report of Serbia which covers the period from 1992
to 2003 as well as the replies to the list of issues (CAT/C/SRB/Q/1/Add.1) which provided additional information on
the legislative, administrative, judicial and other measures taken by the State party to implement the Convention.
The Committee also notes with satisfaction the constructive dialogue held with a high-level delegation.
B. Positive aspects
(3)
The Committee welcomes the many legislative changes, including the adoption of:
(a)
in 2006;
A new Constitution which provides that no one may be subjected to torture that entered into force
(b)
The law that establishes the War Crimes Chamber, adopted in 2003;
(c)
The Criminal Code which defines and criminalizes torture, adopted in 2005;
(d)
The Law on the Protector of Citizens, which establishes the Protector of Citizens (Ombudsman),
adopted in 2005;
(e)
A Law on Criminal Procedure which was adopted in 2006 and entered into force in 2009; and
(f)
The Law on Asylum, which establishes the principle of prohibition of non refoulement, which was
adopted in 2007 and entered into force in 2008.
(4)
The Committee welcomes the ratification, in 2006, of the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It also welcomes the ratification, in 2002
and 2003, respectively, of the Optional Protocols to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography and on the involvement of children in armed conflict, as well as
the ratification, in 2003, of the Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women.
C. Main issues of concern and recommendations
Definition of torture
(5)
While noting the criminalization of torture by several normative acts, the Committee is concerned that
legislation is not yet fully harmonized with the Convention as, according to article 137 of the Serbian Criminal
Code, the penalties established are not proportionate to the gravity of the crime. The Committee regrets the
64
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents