CAT/C/MKD/CO/3 Inhuman or Degrading Treatment or Punishment that assault or violence in prison is common, no persons were charged under article 142 of the Criminal Code during several of years covered by the reporting period and there were no prosecutions brought or resulting convictions and sentences for the crime of torture. Additionally, the State party did not provide the requested information on effective investigations undertaken when assault or violence was suspected in prison, which is particularly worrisome in view of the report of the European Committee that the illegitimate use of force in prisons was frequent and that there was a lack of external supervision or independent oversight by the police. NGO sources also point to a lack of transparency of the parliamentary oversight committee, which has allegedly not taken any action on torture or ill-treatment by the police. 12. In the case of Zuher Ibrahimov, a case identified by the Ombudsman that resulted in the prisoner losing a kidney and his spleen because of a beating by a prison official, the Committee notes with concern the information received that the official responsible for the abuse of the prisoner was charged only under article 131 of the Criminal Code (severe bodily injury) and initially received a sentence of six months’ imprisonment, later extended on appeal to one and a half years. The Committee is further concerned by the allegation that he was not suspended during the appeal against the judgement. The State party should: (a) Take measures to ensure prompt, thorough and impartial investigations into allegations of torture and ill-treatment by law enforcement officials leading to the prosecution and punishment of those responsible with penalties that are consistent with the gravity of the act committed; (b) Ensure that all officials alleged to be responsible for violations of the Convention are suspended from their duties while any investigation into the allegations is in progress and, upon conviction, are not permitted to return to a position in which they place inmates at risk of further abuse. In this regard, please provide updated information on the current employment of the person found guilty in the case of Zuher Ibrahimov. Violence against members of the lesbian, gay, bisexual, transgender and intersex community 13. The Committee is concerned at reports of numerous instances of harassment and violent attacks against members of the lesbian, gay, bisexual, transgender and intersex community, including the incident on 22 June 2014, when it is alleged that 40 young people attacked a recently opened support centre with bricks and stones, threatening some 30 people inside the centre. The Committee is concerned at the reported inaction of the State party’s officials, who failed to provide protection to members of the community or their support offices; moreover, the perpetrators of this and other incidents reportedly enjoy impunity for their acts. The Committee is further concerned at allegations that the concerns of lesbian, gay, bisexual, transgender and intersex people were not considered by the Government during the preparation and adoption of the national strategy for equality and non-discrimination (arts. 2, 11–13 and 16). The State party should take immediate and effective measures to protect the lesbian, gay, bisexual, transgender and intersex community from attack, abuse and arbitrary detention. It should further ensure that all acts of violence are promptly, effectively and impartially investigated and prosecuted, and that the resulting prosecutions take into consideration any discriminatory motives. Furthermore, the State should ensure that perpetrators are brought to justice, victims provided with redress and law enforcement personnel given proper training. Finally, the State party should fully 4

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