CAT/C/MKD/CO/3
prosecution, stays criminal procedures and releases prisoners related to the 2001 conflict,
with the exception of four cases that had been referred by the International Criminal
Tribunal for the Former Yugoslavia. The Committee is seriously concerned that the 2011
authentic interpretation of the Law ensures impunity for persons accused of human rights
violations perpetrated during the 2001 conflict, which include four cases of war crimes (the
“NLA leadership”, the “Mavrovo Road Workers”, the “Lipkovo Water Reserve” and the
“Neprošteno” cases), the abduction of 12 ethnic Macedonians and one Bulgarian national
by the Albanian National Liberation Army and the cases of six ethnic Albanian victims of
enforced disappearances by the police. Following the authentic interpretation of the Law,
further prosecution of the four war crimes cases was “renounced” by the Public
Prosecutors’ Office. In only one of these cases was imprisonment meted out as a
punishment — for war crimes against the civilian population and “preparing terrorism” —
but that judgement was vacated, reinforcing the view that impunity for persons connected
to the 2001 conflict remains.
The Committee recommends the State party should:
(a)
Take the necessary measures to ensure that all cases of torture and other
cruel, inhuman or degrading treatment or punishment are thoroughly, promptly and
impartially investigated, that perpetrators are prosecuted and punished in accordance
with the gravity of their acts, and that victims receive redress, including medical and
psychological assistance, full compensation and the means for full rehabilitation. In
connection with this, the State party should take immediate measures to review the
four cases of war crimes cited above, including whether there were effective
investigations and the impact of the Law on Amnesty on developments in these cases.
In addition, the State party should fully investigate the cases of alleged disappearances
and abduction;
(b)
Consider amending the Law to the extent required to remove
inconsistencies with the provisions of the Convention and international law and
standards, in order to ensure that allegations of torture are not exempt from
investigation and prosecution. In this regard, the Committee draws the State party’s
attention to paragraph 5 of its general comment No. 2 (2007) on the implementation of
article 2 of the Convention by States parties, in which it states that amnesties or other
impediments which preclude or indicate unwillingness to provide prompt and fair
prosecution and punishment of perpetrators of torture or ill-treatment violate the
principle of non-derogability.
Violence against women and girls
17.
The Committee notes with appreciation the adoption of the Law on Prevention of
and Protection against Domestic Violence in 2014, and the information from the State party
that this has resulted in fewer domestic violence incidents and has improved protection,
including by means of education and monitoring. However, the Committee notes that
information from the Ministry of Labour and Social Policy shows an increase in reported
cases of domestic violence, from 447 in 2008 to 733 in 2011. The Committee recognizes
that increased awareness could result in greater reporting of incidents, but remains
concerned that the State party was unable to provide information on the number of
prosecutions that had resulted from the new efforts and new legislation, or any data on
penal sanctions and compensation. Moreover, information available to the Committee
indicates that the assistance and protection measures of the State to encourage women,
especially Roma women, to report incidents of domestic and sexual violence were
inadequate. The Committee is also concerned that limits in the new abortion law, which
specify waiting periods and authorization requirements, may endanger the lives of pregnant
women requiring a therapeutic abortion (art. 2).
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