CAT/C/SRB/CO/2 rejected by the prosecutor, and is alarmed by the amendments made to the Criminal Procedure Code in 2013, namely, that in cases of torture falling under article 137, paragraphs 2 and 3, the prosecutor is no longer under an obligation to conduct an investigation and the victim does not have the possibility of undertaking subsidiary prosecution (arts. 12 and 13). The Committee urges the State party to adopt the measures necessary to change the culture of impunity of torture by, inter alia: (a) Amending the Criminal Procedure Code so that public prosecutors have a legal obligation to undertake prompt, effective and impartial investigations wherever there is reasonable ground to believe that an act of torture or ill-treatment has been committed as the result of the actions or omissions of State officials or persons acting in an official capacity, whether or not the victim has filed a formal complaint; (b) Ensuring that an independent body that is not connected with or under the authority of the police conducts the investigations into all allegations of torture, illtreatment and excessive use of force allegedly perpetrated by the police; (c) Ensuring that every judge, on learning from a detainee’s statement that he or she has been subjected to torture, takes the measures necessary to order a prompt and effective investigation into the matter wherever there are reasonable grounds to believe that the act of torture described has been committed; (d) Ensuring that public officials under criminal or disciplinary investigation for allegedly having committed acts of torture or ill-treatment are immediately suspended from their duties and remain so throughout the investigation, subject to the observance of the principle of presumption of innocence; (e) Guaranteeing that complainants and victims are protected against illtreatment or intimidation that may arise as a consequence of their complaint, are duly informed of the progress and results of their complaint and are able to exercise their right to judicial remedy and participation in proceedings whenever they disagree with the prosecution’s inaction; (f) Duly bringing to trial alleged perpetrators of acts of torture or illtreatment and, if they are found guilty, punishing them with penalties proportionate to the grave nature of their acts. Investigations of crimes under international law 11. The Committee welcomes the measures announced by the delegation to address the insufficient resources provided to the Office of the War Crimes Prosecutor and the slow progress made in prosecuting crimes under international law, particularly addressing command responsibility, crimes of sexual violence and the transfer and concealment of bodies in the mass graves of Batajnica, Petrovo Selo, Rudnica and Lake Perućac. The Committee also welcomes the commitment of the State party to reinforce the Witness Protection Unit, but remains concerned about the allegations of intimidation and illtreatment of protected witnesses by members of the Unit that have yet to be addressed (arts. 2, 12 and 16). 4