44. The former Yugoslav Republic of Macedonia (1) The Committee against Torture considered the second periodic report of the former Yugoslav Republic of Macedonia (CAT/C/MKD/2) at its 822nd and 825th meetings (CAT/C/SR.822 and 825), held on 7 and 8 May 2008, and adopted, at its 832nd and 833rd meetings (CAT/C/SR.832 and 833), held on 15 May 2008, the following concluding observations. A. Introduction (2) The Committee welcomes the submission of the second periodic report of the former Yugoslav Republic of Macedonia as well as the replies to the list of issues which provided additional information on the legislative, administrative, judicial and other measures taken by the State party for the implementation of the Convention. The Committee also notes with satisfaction the constructive dialogue held with a high-level and multisectoral delegation. B. Positive aspects (3) The Committee welcomes: (a) The amendments in the Criminal Code in 2004, and notably the incorporation of the crime of torture in domestic legislation; (b) The adoption of an action plan to implement the last recommendations of the European Committee on the Prevention of Torture, after its last visit in 2006; (c) The implementation of a strategy to prevent and combat domestic violence; (d) The introduction of a separate offence of trafficking in persons at the beginning of 2008; (e) The wide-ranging reform aimed at improving the judicial system, such as the Law on the Judicial Council, the Law on the Academy for Training of Judges and Public Prosecutors and the Law on the Public Prosecutor’s Office. (4) The Committee welcomes the State party’s ratification of the Rome Statute of the International Criminal Court on 6 March 2002. C. Main issues of concerns and recommendations Article 2 (5) The Committee is concerned that the inclusion in the scope of the Amnesty Law adopted in 2002 of “all criminal acts related to the 2001 conflict”, may create the conditions for impunity for serious violations of international human rights and humanitarian law, including violations of the Convention against Torture. The Committee, as recalled in its general comment No. 2, considers that amnesties or other impediments which preclude prompt and fair prosecution and punishment of perpetrators of torture or ill-treatment may violate the principle of non-derogability. In this respect, the State party should ensure that serious violations of international human rights and humanitarian law are not included in any amnesty and are thoroughly investigated and, if appropriate, prosecuted and sanctioned. (6) The Committee, while noting the current legislative efforts to strengthen the independence of the Public Prosecution Office, is concerned at its inadequate functioning, in particular when it comes to promptly investigate allegations of torture and other cruel, inhuman or degrading treatment. This concern has also been articulated in various decisions of the European Court of Human Rights. 79