torture;
(l) Make the declarations referred to in articles 21 and 22 of the Convention and ratify the Optional Protocol to the
Convention;
(m) Ensure the wide distribution in its territory of the Committee’s conclusions and recommendations;
(n) Provide to the Committee, within one year, information on its response to the Committee’s recommendations
contained in subparagraphs (b), (d), (f) and (h) above.
CROATIA*
70.The Committee considered the third periodic report of Croatia (CAT/C/54/Add.3) at its 598th and 601st meetings
(CAT/C/SR.598 and 601), held on 6 and 7 May 2004, and adopted the following conclusions and recommendations.
A. Introduction
71.The Committee welcomes the third periodic report of Croatia, while noting that the report was not prepared in complete
conformity with the Committee’s guidelines for the preparation of periodic reports. The Committee nevertheless expresses its
appreciation for the oral information provided by the State party’s delegation and the constructive dialogue which took place during
the consideration of the report.
B. Positive aspects
72.The Committee notes with satisfaction the ongoing efforts by the State party to reform its legislation in order to ensure better
protection of human rights, including the right not to be subjected to torture and other cruel, inhuman or degrading treatment or
punishment, namely:
(a)The adoption of the Law on Asylum in June 2003, which is scheduled to enter into force in July 2004 and which sets out the
procedure for applying for asylum in the State party;
(b)The entry into force in February 2004 of the new Law on Foreigners which includes a provision prohibiting the deportation of
individuals who could face torture if returned to their own country;
(c)The entry into force in January 2001 of the Law on the Police Force, which regulates the use of coercive measures, including the
use of firearms;
(d)The entry into force in 2001 of the Law on the Execution of Penalties of Imprisonment which regulates the treatment and the rights
of inmates.
73.The Committee welcomes:
(a)The signing of the Optional Protocol to the Convention against Torture in September 2003 and the assurances given by the State
party’s representative that ratification is envisaged;
(b)The ratification of the Rome Statute of the International Criminal Court in May 2001.
74.The Committee takes note with satisfaction of the assurances given by the State party’s representative that the 1996 Amnesty Act
has not been applied to acts of torture.
75.The Committee also takes note with satisfaction of the assurances given by the State party’s representative that each prison inmate
is given a minimum of 4 m2 of living space.
76.The Committee expresses its satisfaction at the fact that the State party has extended a standing invitation to the special
procedures of the Commission on Human Rights to visit the country.
C. Subjects of concern
77.The Committee is concerned about the following:
(a)In connection with torture and ill-treatment which reportedly occurred during the 1991-1995 armed conflict in the former
Yugoslavia:
The reported failure of the State party to carry out prompt, impartial and full investigations, to prosecute the perpetrators and to
provide fair and adequate compensation to the victims;
Allegations that double standards were applied at all stages of the proceedings against Serb defendants and in favour of Croat
defendants in war crime trials;
The reported harassment, intimidation and threats faced by witnesses and victims testifying in proceedings and the lack of adequate
protection from the State party;
(b)The fact that, to date, there have been no prosecutions or convictions for alleged crimes pursuant to article 176 of the Penal Code,