CAT/C/SRB/CO/2
Redress
13.
The Committee is concerned at information that the courts frequently apply
legislation in such a way that claims for redress against the State will be statute-barred
within five years of the event that led to injury or three years from the day of the plaintiff’s
knowledge of the damage. The Committee also notes with concern information that victims
often fail to satisfy the high standard of proof of damage or harm set by the courts, even
when diagnosed with post-traumatic stress disorder, and that when compensation is granted
after lengthy proceedings, it is often very low. The Committee remains concerned at the
lack of a specific programme to provide rehabilitation to victims of torture and ill-treatment
(art. 14).
The Committee, recalling its general comment No. 3 (2013) on the implementation of
article 14 by States parties, urges the State party to remove the various barriers set up
in, and through the application of, the current legislation that impinge upon the
exercise of the right of victims of torture and ill-treatment to a judicial remedy. To
that end, the State party should refrain immediately from applying statutes of
limitation to the claims made by victims of torture or ill-treatment against the State,
as well as inadequate judicial procedures for proving or quantifying damages. The
State party should also compile data on the number of victims of torture and illtreatment, including war-related victims, forcibly mobilized refugees and victims
among asylum seekers, and fully assess their needs, including the right to
rehabilitation, by ensuring that specialized, holistic rehabilitation services are
available, appropriate and promptly accessible without discrimination.
Access to a prompt asylum determination procedure
14.
The Committee notes with serious concern the information provided by the
delegation that of 16,490 persons expressing an intention to seek asylum in 2014, only 18
cases were assessed and six persons were granted refuge or subsidiary protection. It is
concerned that the human resources of the Asylum Office are insufficient to respond
adequately to the growing number of asylum seekers, resulting in the failure to promptly
register asylum seekers and to enable those at the asylum reception centres to submit an
asylum application. The Committee also takes into account reports that many potential
asylum seekers incur penalties for their illegal stay, imposed in misdemeanour court
proceedings during which asylum seekers do not enjoy free legal aid or effective
information provided through interpretation services about the possibility of seeking
asylum or the risk of being expelled. The Committee also notes that asylum seekers
detained at Nikola Tesla Airport do not enjoy those rights either and are not provided with a
detention order or an expulsion order that they could challenge (arts. 2, 3 and 16).
The State party should continue and intensify its efforts to facilitate access to a
prompt and fair individualized asylum determination procedure in order to avoid the
risk of refoulement. To this end, the State party should:
(a)
Ensure that the Asylum Office is supported with personnel and financial
and technical resources sufficient to be able to register asylum seekers in a timely
manner, promptly issue their identity cards, conduct individualized interviews with
the support of interpretation services and issue refugee status decisions within a
reasonable time. The State should address these deficiencies in the new draft law on
asylum, including the lack of time-bound obligations;
(b)
Establish and ensure the implementation of a standardized and
accessible asylum and referral procedure in international airports and transit zones;
(c)
Guarantee access to independent, qualified and free-of-charge legal
assistance and interpretation services for asylum seekers throughout the asylum
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