CAT/C/SRB/CO/2
(c)
Ensuring that victims of gender-based violence benefit from urgent and
effective protection measures and have access to sufficient and adequately funded
shelters, medical and legal aid, psychosocial counselling and social support schemes;
(d)
Establishing a centralized system of data collection covering all forms of
domestic and gender-based violence in order to facilitate risk assessments, improve
protection and evaluate the extent of the phenomenon and the impact of the measures
taken.
Trafficking in persons
17.
While welcoming the legislative and other measures to address trafficking in persons
(see para. 6 (b) above), the Committee is concerned at reports that some victims are punished
for acts committed as a result of being trafficked and are not afforded sufficient protection
against repeated victimization and intimidation in lengthy criminal and civil proceedings. The
Committee also takes into consideration reports that funding is insufficient to provide for
services for victims of trafficking and that there is a lack of mechanisms for coordination and
referral between the welfare centre for victims of human trafficking and non-governmental
organizations working in this area (arts. 2, 12–14 and 16).
The State party should:
(a)
Continue its efforts to enforce the anti-trafficking legislation by
investigating, promptly, effectively and impartially, all incidents of trafficking and
punishing trafficking offenders with appropriate penalties;
(b)
Increase activities to raise awareness among the judiciary and law
enforcement officials about the need to enhance the protection of victims of trafficking
in criminal proceedings by making sure that victims are not penalized for acts
committed as a result of being trafficked, by reducing the duration of trials and by
avoiding witness intimidation and secondary victimization;
(c)
Facilitate access to compensation for victims of trafficking, regardless of
the outcome of criminal proceedings or the identity of the perpetrators;
(d)
Provide sufficient State funding for assistance and reintegration services
for victims of trafficking and improve the mechanisms for the identification of victims
and for coordination and referral between service providers and officials;
(e)
Undertake an impact assessment of the National Action Plan for
Combating Human Trafficking 2009–2011 and adopt a new action plan without delay.
Detention of persons with mental and psychosocial disabilities
18.
Notwithstanding Law No. 45/13 on the Protection of Persons with Mental
Disabilities, the Committee notes with concern that a large number of persons with mental
and psychosocial disabilities, including older people, are confined involuntarily in
psychiatric institutions and that almost no progress has been made towards
deinstitutionalization. The Committee also takes note of reports of instances in which
persons admitted against their will to psychiatric hospitals were not able to be heard before
a judge or be informed of the court decision and legal remedies available. The Committee
also notes that Law No. 45/13 continues to contain provisions that support the isolation and
physical restraint of psychiatric patients, and is concerned at information that seclusion is
still used in the Centre for Children and Youth with Developmental Disabilities in Veternik
and that mechanical restraints have been used in psychiatric hospitals without continuous
staff monitoring, in full view of other patients and, occasionally, for excessive periods of
time. The Committee is also concerned at reports that excessive use of restrictive measures
in mental health-care institutions are not sufficiently investigated (arts. 2, 11, 13 and 16).
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