A/HRC/40/59/Add.1
should be immediately halted as it may amount to arbitrary detention and clearly
contradicts the best interest of the child (HRC/37/50, para. 28).
IV. Conclusions
95.
The Special Rapporteur welcomes the genuine and sustained commitment of
the authorities in Belgrade and Pristina to overcoming the wounds of the past and
their unequivocal determination to prevent torture and ill-treatment in all
circumstances.
96.
He is pleased to report that, with the exception of a few isolated allegations of
excessive use of force in disciplinary cases, he has not received any allegations of
torture and other cruel, inhuman or degrading treatment or punishment with regard
to prisons under the Ministry of Justice in Serbia and the authorities in Kosovo. The
Special Rapporteur is gravely concerned, however, at numerous and consistent
allegations received with regard to the misconduct of the police in both Serbia and
Kosovo. In both Serbia and Kosovo, therefore, the next step in the fight against
impunity and arbitrary detention must focus on the respective police forces and
judicial systems.
97.
In both Serbia and Kosovo, the Special Rapporteur and his team received
numerous and consistent allegations regarding torture and ill-treatment being used
during police interrogation, most notably as a means of coercing individuals to confess
to offences related to narcotics, terrorism and organized crime, areas in which the
international community has long pressured both Serbia and Kosovo to deliver results.
98.
In both Serbia and Kosovo, the pressure on detainees to confess is further
exacerbated by the prospect of excessively long pretrial detention, which may last up
to three or more years, even for minor offences.
99.
In both Serbia and Kosovo, the allegations of torture and ill-treatment received
by the Special Rapporteur are not isolated incidents, but suggest the existence of
pattern of abuse that is well entrenched in the predominant police culture. It is
therefore of the utmost urgency for the authorities in both Serbia and Kosovo to move
away from police investigations based on unreliable confessions and towards modern
methodologies based on the collection of accurate and reliable information obtained
through forensic, non-coercive interviewing and investigation (see A/71/298).
100. The Special Rapporteur is seriously concerned at the reported inefficiency of
prosecutorial and judicial practice throughout Serbia and Kosovo, which may well
result in arbitrary detention and, in some cases, even amount to cruel, inhuman or
degrading treatment or punishment.
101. In various institutions in both Serbia and Kosovo, the Special Rapporteur
observed significant room for improvement in the overall conditions of detention,
including inmates’ access to open areas, telephone calls and visits, as well as to work
and other meaningful activities.
102. The Special Rapporteur recognizes the considerable efforts and investments
made in both Serbia and in Kosovo over the past two years to deal with the large
volume of migrants using the so-called Balkan route. He welcomes the commitment of
the relevant authorities to developing the infrastructure and humanitarian assistance
required to tackle this challenge.
103. The Special Rapporteur encourages the Government of Serbia and the
authorities in Kosovo to further strengthen their ongoing efforts to provide adequate
medical and psychological support and rehabilitation to all victims of torture and
other ill-treatment present on their territory and to ensure the effective international
protection of migrants and refugees.
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