PART 2: Procedures of the Human Rights Commitee and the Committee against Torture
stations to observe log books, medical records, and interrogation rooms, and to
conduct interviews with detainees, pre-trial detainees and former detainees.
The Committee members reported that “the … authorities were supportive of the
visit and very cooperative. The members visited prisons and places of detention
without prior notice and talked in private with detainees.”408
In its summary account the Committee found that under the previous regime
of President Slobodan Milosevic, torture had been widely practiced and documented. In the post-Milosevic era, “the incidence of torture appeared to have
dropped considerably and torture was no longer systematic”.409 Nevertheless, the
Committee noted that acts of torture continued to occur and reminded the State
of its “obligation to spare no effort to investigate all cases of torture [including
acts under the Milosevic government], provide compensation for the loss or injury caused and prosecute the persons responsible”.410 In conclusion, it provided
a list of 20 recommendations which the State should adopt in order to meet its
CAT obligations. The Committee then invited the State to report back regarding
the course of action it intended to undertake in response. The State subsequently responded, informing the Committee of various measures it had taken, and
was in the process of undertaking, to ensure its obligations were met. In 2003
and 2004, the Committee received further information from NGOs in the region.
This information indicated that acts of torture were still occurring and that the
State continued to shun its responsibility to investigate and persecute those responsible for earlier war crimes. The Committee noted this information with concern in its annual report for 2004.411
2.3.3 Optional Protocol to the CAT
The Optional Protocol (hereinafter, the Protocol or the OPCAT) aims to prevent
torture, cruel, inhuman or degrading treatment or punishment through the establishment of domestic and international mechanisms which will consistently
monitor the treatment of individuals deprived of their liberty, primarily through
visits to places of detention. Detainees are particularly vulnerable to acts of torture and other ill-treatment. The Protocol was adopted and opened for signature,
ratification and accession on 18 December 2002. It came into force on 22 June 2006.
As of 14 December 2013, 70 States had ratified it.
408
409
410
411
Report of the Committee Against Torture, (2004) UN Doc. A/59/44, para. 160.
Ibid., para. 212.
Ibid., para. 212.
Ibid., para. 236–239.
135
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