(s)
The State party should develop official programmes for the rehabilitation of
victims of torture. Thus far, only private institutions have developed such programmes;
(t)
The State party should urge the Republic of Montenegro to adopt those
guarantees contained in the new Code of Criminal Procedure that are relevant for the prevention
of torture and ill-treatment.
VI. ADOPTION OF THE REPORT BY THE COMMITTEE
AND TRANSMISSION TO THE STATE PARTY
214. At its twenty-ninth session, the Committee adopted the report on its inquiry and decided
to transmit it to the State party, in accordance with article 20, paragraph 4, of the Convention.
The Committee invited the State party, under rule 83, paragraph 2, of its rules of procedure, to
inform it of the action taken in response to its conclusions and recommendations.
VII. SUMMARY OF THE REPLY FROM THE STATE PARTY
215. On 13 October 2003 the State party informed the Committee that its recommendations
were very important in the context of the promotion of human rights to be conducted under the
programmes of technical assistance to be provided by the Office of the High Commissioner for
Human Rights and on the basis of the memorandum of understanding signed by the Ministry for
Foreign Affairs of Serbia and Montenegro and the Office of the High Commissioner.
Safeguards against torture and other forms of inadmissible punishment
216. The Charter on Human and Minority Rights and Civil Liberties, published in the Official
Gazette of the State Union No. 6/2003, provides in its article 12 not only for the prohibition of
torture, but also for an explicit prohibition of inhuman or degrading treatment or punishment.
In this sense, it constitutes a step forward with respect to the Constitution of the Federal Republic
of Yugoslavia and the Constitutions of the Republics of Serbia and Montenegro.
217. The Basic Criminal Code of Serbia and Montenegro and the criminal codes of the
member States incriminate unlawful arrest, extraction of statements and maltreatment in the
performance of duty. At the time of the adoption of the amendments to the Criminal Code of the
Federal Republic of Yugoslavia (now the Basic Criminal Code) in 2001 it was considered that
the international obligations under the Convention were incorporated in articles 190 and 191, as
well as in articles 65 and 66 of the Criminal Code of the Republic of Serbia and articles 47
and 48 of the Criminal Code of the Republic of Montenegro. Furthermore, article 12 of the 2001
Code of Criminal Procedure states that any violence against an arrested person and a person
whose freedom is limited, as well as any extraction of confession or any other statement from an
accused or any other person participating in the proceedings are prohibited and punishable.
Other provisions of the Code regarding interrogation, prohibition of the use of force, the
obligation of the court not to take into account statements obtained under torture and to remove
from the case records statements obtained in contravention of the prohibitions, etc. are also
referred to.
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