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Prohibition of torture is envisaged by other legislation, inter alia, by the Law on Criminal
Proceedings12, Law on Police13 and Law on the Enforcement of Criminal Sanctions14. The
Criminal Code15 determines torture and ill-treatment as a separate criminal act16.
Criminal Code of the Republic of Serbia, Article 137
(1) Whoever ill-treats another or treats such person in humiliating and degrading manner,
shall be punished with fine or imprisonment up to one year.
(2) Whoever causes anguish to another with the aim to obtain from him or a third party
information or confession or to intimidate him or a third party or to exert pressure on such
persons, or if done from motives based on any form of discrimination,
shall be punished with imprisonment from six months to five years.
(3) If the offence specified in paragraphs 1 and 2 of this Article is committed by an
official in discharge of duty,
such person shall be punished for the offence in paragraph 1 by imprisonment from
three months to three years, and for the offence specified in paragraph 2 of this Article by
imprisonment of one to eight years.
2.2. International instruments
Serbia is a signatory country to all most important conventions concerning prohibition, i.e.,
prevention of torture. The International Covenant on Civil and Political Rights17, which in its
Article 7 took the provision on prohibition of torture referred to under Article 5 of the
Universal Declaration of Human Rights18, ratified in 197119.
Convention against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment20 (Convention against torture) was ratified in 199121. It constitutes one of the most
important international instruments in the area of torture prohibition.
Convention against torture, Article 1, paragraph 1.
For the purposes of this Convention, the term "torture" means any act by which severe pain or
suffering, whether physical or mental, is intentionally inflicted on a person for such purposes
as obtaining from him or a third person information or a confession, punishing him for an act
he or a third person has committed or is suspected of having committed, or intimidating or
coercing him or a third person, or for any reason based on discrimination of any kind, when
such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence
of a public official or other person acting in an official capacity. It does not include pain or
suffering arising only from, inherent in or incidental to lawful sanctions.
“Official Gazette of the RS”, no. 72/2011, 101/2011, 121/2012, 32/2013, 45/2013 и 55/2014
“Official Gazette of the RS”, no. 6/2016
14 “Official Gazette of the RS”, no. 55/2014
15 “Official Gazette of the RS”, no. 85/2005, 88/2005-испр., 107/2005-испр., 72/2009, 111/2009, 121/2012, 104/2013
and 108/2014
16 Convention against Torture, Article 4.: (1) Each State Party shall ensure that all acts of torture are offences under
its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which
constitutes complicity or participation in torture. (2) Each State Party shall make these offences punishable by
appropriate penalties which take into account their grave nature
17 Signed on 12/19/1966 in New York
18 Adopted by the General Assembly of the United Nations on December 10, 1948, in Paris
19 "Official Gazette of SFRY", no. 7/71
20 Adopted on 10.12. 1984, in New York
21 "Official Gazette of SFRY – International treaties", no. 9/91
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