225.In Montenegro disciplinary actions were taken against 258 police officers in the period from 1 July 2001 to 1 September 2002.
Lately, attention has been focused on the regulation and limitation of police powers, including the use of force and firearms, arrest,
treatment of persons in detention and the appointment of defence counsel upon first interrogation while in custody.
226.Concerning the recommendation of the Committee against Torture on the case of the Roma from Danilovgrad, the Government
of Montenegro authorized the State Prosecutor to reach a court settlement to compensate the victims for material and other damage
in the amount of 985 dinars.
Safeguards against torture of convicted and detained persons
227.In Serbia convicted and detained persons are allowed to submit complaints to the Director of the Penal Sanctions Execution
Department and its organizational unit, the Surveillance Service.
228.Each institution is routinely surveyed once a year. Besides internal surveillance, delegates of the International Committee of the
Red Cross visit penitentiary facilities. Between 1999 and December 2002 there were 215 such visits.
229.A long period of economic hardship in the country has dramatically affected the functioning of institutions for the execution of
penal sanctions. Over the past two years, efforts have been made to improve the financial situation of prison officers and their
incentives for work. As a result, the treatment of convicted persons has improved too. Efforts have also been made to ensure better
detention conditions.
Measures taken to train law enforcement officials
230.Police officers in both union member States undergo training to prevent torture. In the Republic of Serbia new laws on police and
police training are being prepared and are expected to be ready for adoption in the autumn of 2003. The Ministry of the Interior has
decided to create the post of Inspector General who will ensure that police procedures are in conformity with the law. Officers of the
Ministry of the Interior are made aware of human rights instruments, particularly of the prohibition of torture, humanitarian law and the
Code of Conduct for Law Enforcement Officials in the training received at secondary and higher police schools and Police College,
as well as seminars.
231.In the Republic of Montenegro, a new draft Police Law has been submitted to Parliament. This law promotes a new concept of
public administration and its relationship with the public that implies full transparency, openness and cooperation. Furthermore, a
Code of Conduct is being drawn up. In 2003, a number of conferences and seminars on human rights and policing have been held.
With the assistance of HLC, a specialized course in international humanitarian law was held to educate judges, prosecutors, practising
lawyers and police detective inspectors. Seminars devoted to the role of community policing also took place.
Cooperation with ICTY
232.Serbia and Montenegro attaches great importance to its cooperation with the Tribunal, which is conducted under the Law on
Cooperation with ICTY. Pursuant to that law, a National Cooperation Council was established. The Council developed a step-bystep procedural process of cooperation. Cooperation is evidenced in the transfer of indictees, submission of documents, assistance in
hearing witnesses and suspected persons, proceedings before national courts and the execution of protective measures. To date, 9
indicted persons were arrested and handed over to the Tribunal and 12 who were resident in the country voluntarily surrendered.
233.ICTY has forwarded to the authorities 17 warrants for the arrest of other indictees, including Radovan Karadzic, former Bosnian
Serb leader, General Ratko Mladic, former Bosnian Serb commander, Vladimir Kovacevic, former member of the armed forces of
Serbia and Montenegro, as well as 14 Bosnian Serb army soldiers. Most of these have wanted circulars issued on them, whereas
two of them will have them issued fairly soon. From early 2001 to May 2003 Serbia and Montenegro met 99 requests by the Office
of the Tribunal’s Prosecutor (OTP) for submission of documents. Only in eight cases was OTP told that its request could not be met
or that the requested documents did not exist. Additionally, 14 requests were met partially by submitting part of the requested
documents.
234.As far as witnesses are concerned, this aspect of cooperation consists of finding, notifying and serving hearing papers or waivers
for witnesses to testify on classified or privileged information. Between the beginning of 2001 and early May 2003, 115 requests
were made by OTP or the Trials Chamber; in only 10 cases could the wanted persons not be identified. Serbia and Montenegro
fulfils even other ICTY requests, such as those to set up meetings with government authorities, for ICTY investigators to be present
during the exhumation of bodies, etc.
235.Apart from that, several other cases have been or are being tried by national courts. In July 2003 a law was passed dealing with
the organization and competence of government authorities in proceedings against perpetrators of war crimes, including those
covered by article 5 of the ICTY Statute. Under this law, the authorities of the Republic of Serbia have the authority to prosecute
perpetrators of war crimes committed in the territory of the former Yugoslavia, whatever the nationality of either the perpetrator or
the victim. The law provided for the establishment of the Office of a Special War Crimes Prosecutor, who has already been
appointed. It also stipulates that the District Court in Belgrade is the court competent to decide on war crimes cases.
VIII.INFORMATION RECEIVED BY THE COMMITTEE AFTER ITS VISIT TO SERBIA AND MONTENEGRO
236.In the course of 2003 and the beginning of 2004, NGOs submitted information to the Committee alleging, inter alia, continuing
police mistreatment of criminal suspects, failure by the State party to cooperate fully with ICTY, inadequate efforts to prosecute war
criminals before domestic courts and an inadequate domestic system for bringing those responsible for war crimes to justice.
237.It was reported, in particular, that during the investigation of the assassination of Prime Minister Zoran Djindjic in March 2003,
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