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
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