CAT/C/SRB/CO/2
statute of limitations for the crime of torture and to take the action necessary to
reinstate those investigations for acts of torture that have been discontinued owing to
the statute of limitations.
Fundamental legal safeguards
9.
While noting that the domestic legislation contains the fundamental legal safeguards
against torture, the Committee is concerned at reports that medical examinations of
detainees are often conducted in the presence of police officers and that medical reports
frequently fail to include a detailed description of injuries or an interpretation of the
findings. The Committee is also concerned at reports about the low quality of the work of
ex officio lawyers, who often meet their clients only in court, and about the fact that
persons summoned and interrogated by the police as witnesses, but later charged as
defendants, have a right to counsel only from the moment they are charged. The Committee
also takes note of reports indicating that the registration of detainees is often incomplete
(arts. 2, 11 and 12).
The Committee urges the State party to ensure in practice that every person deprived
of his or her liberty is afforded legal safeguards against torture from the outset of
deprivation of liberty by, inter alia:
(a)
Ensuring that detained persons undergo an independent medical
examination from the outset of the deprivation of liberty, which should be conducted
out of hearing and, unless the doctor concerned explicitly requests otherwise in a
given case, out of sight of police staff. The State party should also ensure that the
record drawn up after the medical examination contains, inter alia: (i) an account of
statements made by the person that are relevant to the medical examination
(including his or her state of health and any allegations of ill-treatment); (ii) a full
account of objective medical findings based on a thorough examination; and (iii) the
health-care professional’s observations in the light of (i) and (ii), indicating the
consistency between any allegations made and the objective medical findings. The
results of the examination should also be made available to the detained person
concerned and his or her lawyer. Health-care professionals should not be exposed to
any form of undue pressure or reprisals from management staff when they fulfil this
duty, nor should the detained persons concerned;
(b)
Reinforcing the system of free legal aid to ensure that the right to access
to a competent and independent lawyer applies effectively to anyone who is under a
legal obligation to stay in police custody;
(c)
detention;
Keeping standard and comprehensive custody registers in all places of
(d)
Monitoring regularly the compliance with the legal safeguards by all
public officials and ensuring that those who do not comply with those safeguards are
duly disciplined.
Impunity for acts of torture and ill-treatment
10.
The Committee notes with concern that of 391 complaints of torture and illtreatment filed with the Internal Control Department of the police between 2009 and March
2012, only 15 per cent resulted in disciplinary measures, the majority of which were fines.
While the State party does not provide further information on the number and results of
criminal investigations, the Committee is highly concerned at information that a
condemnatory judgement was passed only in 15 per cent of the criminal cases filed since
2010, and that the most common sentence was one or two years’ probation. The Committee
is also deeply concerned about reports that, in the majority of cases, the complaints were
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