(b)
All persons, including senior police officials, military personnel, and political officials,
suspected of complicity in and perpetrators of war crimes and crimes against humanity, are brought to
justice in adequate penal proceedings, including after the scheduled closure of the ICTY tribunal; and
(c)
Witnesses are effectively protected throughout all stages of the proceedings and
afterwards.
Other war crimes investigations
(12) The Committee regrets the lack of explanation by the State party about the outcomes of the investigations
into the “Ovcara case” (November 1991), and particularly the role of the Supreme Court in 2006 in quashing the
first court’s decision, and is concerned at the lack of information provided about the reasons for ordering a retrial
(art. 12).
The State party should provide the Committee with information about the outcomes of the
investigation into the “Ovcara case” (November 1991) and the reasons for ordering a retrial in 2006.
Human rights defenders
(13) The Committee expresses concern about the hostile environment for human rights defenders, particularly
those working on transitional justice and minority rights and the lack of fair trials on cases filed against human
rights defenders for alleged political reasons (art. 16).
The State party should take concrete steps to give legitimate recognition to human rights defenders
and their work, and ensure that when cases are brought against them, such cases are conducted in
conformity with international standards relating to fair trial.
Training
(14) The Committee notes the State party’s efforts with respect to training of prison staff by the Training Centre
for the employees of the Directorate as of September 2004. However, it is concerned that the training is not targeted
at education and information regarding the prohibition of torture and that training programmes for medical
personnel for the identification and documentation of cases of torture in accordance with the Istanbul Protocol, is
insufficient, as is the rehabilitation of victims. In addition, training to develop a more gender sensitive approach both
in police legal and medical institutions are inadequate (art. 10).
The State party should:
(a)
Ensure that education and training of all law enforcement personnel is conducted on a
regular basis;
(b)
Include in the training modules on rules, instructions and methods of interrogation, the
absolute prohibition of torture, and specific training for medical personnel on how to identify signs of
torture, and cruel, inhuman or degrading treatment, in accordance with the Istanbul Protocol;
(c)
Regularly evaluate the training provided to its law-enforcement officials as well as ensure
regular and independent monitoring of their conduct; and
(d)
Strengthen its efforts to implement a gender-sensitive approach for the training of those
involved in the custody, interrogation or treatment of any individual subjected to any form of arrest,
detention or imprisonment.
Conditions of detention
(15) While noting that reforms of the prison system since 2004 include the construction of new facilities and
reconstruction of existing facilities, the Committee is concerned about the current material conditions of detention,
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