CAT/C/SRB/CO/1
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lawyer of his or her own choice and to access an examination by an independent doctor
within 24 hours of detention and the right to contact his or her family. The Committee is
also concerned at the absence of adequate protocols for the medical profession on how to
report on findings of torture and other cruel and inhuman or degrading treatment or
punishment in a systematic and independent manner (art. 2).
The State party should ensure that an independent oversight mechanism for
alleged unlawful acts committed by all agents of the State is set up. The State
party should ensure that the right to access a lawyer of one’s own choice and to
contact a family member is respected in practice and that all detainees undergo
a medical examination within 24 hours of detention, as previously recommended
by the Committee in its inquiry procedure under article 20. The State party
should also establish adequate protocols for its medical professionals to
systematically report on findings of torture and other cruel and inhuman or
degrading treatment or punishment.
Protector of Citizens (Ombudsman)
7. The Committee welcomes the establishment of the Ombudsman and the appointment of a
deputy Ombudsman to improve the situation of persons deprived of liberty in institutions
and prisons, including persons with mental, intellectual or physical disability and learning
difficulties. However, the Committee remains concerned that the structures of the
Ombudsman’s office are not yet fully consolidated, that its independence is not fully
ensured, that it has not been allocated adequate resources to fulfil its functions effectively
and that, despite a large number of complaints (700), it does not have the capacity to
analyse them. The Committee is also concerned that there is no specific mandate to
monitor children’s rights to be free from violence (art. 2).
The State party should:
(a)
Intensify its efforts to ensure that the Ombudsman is
able to independently and impartially monitor and investigate alleged police
misconduct, including by strengthening the role and function of the deputy to
the Ombudsperson on the protection of rights of persons deprived of liberty
so as to include in his mandate the capacity to investigate acts committed by
police officers;
(b)
Ensure all relevant authorities follow up on the
recommendations issued by the Ombudsman;
(c)
Encourage the Ombudsman to seek accreditation with the
International Coordinating Committee for National Institutions for the
Promotion and Protection of Human Rights to ensure that it complies with
the principles relating to the status of national institutions for the promotion
and protection of human rights (the Paris Principles), annexed to General
Assembly resolution 48/134; and
(d)
Consider taking the necessary measures to ensure that the
Ombudsman promote and protect children from violence and in particular