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.
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