Supreme Court ruling of 2005 where it applied a statute of limitation in respect of the crime of torture. However, the Committee takes note of the State party’s statement that a new law will remedy the incompatibility between Serbia’s law and the Convention with regard to the statute of limitation by the end of 2009 (art. 1). The State party should continue to make efforts to bring its definition of torture into line with article 1 of the Convention. In this respect, the State party should ensure that the penalties of the Criminal Code be brought in line with the proportional gravity of the crime of torture. The Committee urges the speedy completion of judicial reforms so that no statute of limitations will apply to torture. Fundamental safeguards (6) The Committee notes that the Law on the Execution of Penal Sanctions provides for internal control by respective departments of the Ministry of Justice, that the Police Act passed in 2005 foresees the establishment of the Internal Control Sector and that internal control units have been established in all regional police centres. However, the Committee remains concerned at the lack of an independent and external oversight mechanism for alleged unlawful acts committed by the police. The Committee is also concerned that, in practice, the police do not respect the right of a detainee to access a lawyer of his or her own choice and to access an examination by an independent doctor within 24 hours of detention and the right to contact his or her family. The Committee is also concerned at the absence of adequate protocols for the medical profession on how to report on findings of torture and other cruel and inhuman or degrading treatment or punishment in a systematic and independent manner (art. 2). The State party should ensure that an independent oversight mechanism for alleged unlawful acts committed by all agents of the State is set up. The State party should ensure that the right to access a lawyer of one’s own choice and to contact a family member is respected in practice and that all detainees undergo a medical examination within 24 hours of detention, as previously recommended by the Committee in its inquiry procedure under article 20. The State party should also establish adequate protocols for its medical professionals to systematically report on findings of torture and other cruel and inhuman or degrading treatment or punishment. Protector of Citizens (Ombudsman) (7) The Committee welcomes the establishment of the Ombudsman and the appointment of a deputy Ombudsman to improve the situation of persons deprived of liberty in institutions and prisons, including persons with mental, intellectual or physical disability and learning difficulties. However, the Committee remains concerned that the structures of the Ombudsman’s office are not yet fully consolidated, that its independence is not fully ensured, that it has not been allocated adequate resources to fulfil its functions effectively and that, despite a large number of complaints (700), it does not have the capacity to analyse them. The Committee is also concerned that there is no specific mandate to monitor children’s rights to be free from violence (art. 2). The State party should: (a) Intensify its efforts to ensure that the Ombudsman is able to independently and impartially monitor and investigate alleged police misconduct, including by strengthening the role and function of the deputy to the Ombudsperson on the protection of rights of persons deprived of liberty so as to include in his mandate the capacity to investigate acts committed by police officers; (b) Ensure all relevant authorities follow up on the recommendations issued by the Ombudsman; (c) Encourage the Ombudsman to seek accreditation with the International Coordinating Committee for National Institutions for the Promotion and Protection of Human Rights to ensure that it complies with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles), annexed to General Assembly resolution 48/134; and (d) Consider taking the necessary measures to ensure that the Ombudsman promote and protect children from violence and in particular consider the adoption of a Law for the Ombudsman for the Rights of the Child. 65

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents