CAT/C/MKD/CO/3
include representatives of the lesbian, gay, bisexual, transgender and intersex
community in any matter concerning the interests of the community.
Violence against Roma
14.
While appreciating the establishment of the national action plans and other efforts
undertaken to combat intolerance and hatred of ethnic minorities, especially Roma, the
Committee remains concerned at information regarding the excessive use of force by police
officials against Roma, including those committed by members of the Alfa special police
unit. The Committee is also concerned by the investigation into the incident of 5 May 2013,
in which approximately 50 police officers, including those belonging to the Alfa unit,
allegedly forcibly entered several Roma houses and local shops in Topaana, a Roma
neighbourhood in Skopje, and used excessive and arbitrary force when they were
attempting to make an arrest. It was alleged that, without providing any explanation, the
police harassed and pushed people, and that police officers kicked and punched and hit
them with batons, injuring 10 individuals (arts. 11 and 16).
The State party should:
(a)
Combat and prevent discriminatory police misconduct by ensuring that
all alleged cases of excessive use of force by law enforcement officials against members
of the Roma community are promptly and effectively recorded and investigated and,
as appropriate, prosecuted and punished, ensuring that the victims are provided with
an opportunity to seek redress, including as full a rehabilitation as possible;
(b)
Improve the training on human rights of law enforcement officials,
particularly police officers, regarding the rights of all citizens and minorities,
including Roma, to be free from arbitrary force and ill-treatment.
Definition of torture
15.
The Committee appreciates the efforts made by the State party to harmonize
domestic legislation with the requirements of the Convention. However, it remains
concerned that article 142 of the Criminal Code does not fully reflect all the elements of the
definition of article 1 of the Convention, especially with regard to instigation, consent,
acquiescence and complicity for acts of torture by other persons acting in an official
capacity. Furthermore, the Committee is concerned that article 143 may not apply to police,
prosecutors or military officials (arts. 1 and 4).
The State party should:
(a)
Review its legislation to ensure it includes a definition of torture in the
Criminal Code that is in full conformity with the Convention and covers all the
elements contained in article 1;
(b)
Ensure that article 142 of the Criminal Code provides for prosecution of
those who attempt to commit torture, those who knowingly fail to report instances of
torture and those who are complicit in torture;
(c)
Ensure that article 143 applies to the police, the army and prosecutorial
officials and that other persons acting in an official capacity can be charged under this
article.
Law on Amnesty and investigations
16.
Bearing in mind its previous concluding observations (see CAT/C/MKD/CO/2,
para. 5), the Committee takes note of the information provided by the State party
concerning the scope of the Law on Amnesty, which exempts certain persons from
5