7
I General part
1. Prohibition of Torture
1.1.
National legislation
The Constitution of the Republic of Serbia1 guarantees human dignity, the sanctity
of life and inviolability of physical and mental integrity, and explicitly prohibits ill-treatment2.
The Constitution of the Republic of Serbia, Article 25 Paragraph 2
Nobody can be subjected to torture, inhuman or degrading treatment or
punishment3.
Prohibition of torture is foreseen by other legal regulation, among others by the
Criminal Procedure Code4, Law on Police5 and Law on Execution of Criminal Sanctions6.
Criminal Code7 determinates torture and ill-treatment as a separate offense8.
1
2
3
4
5
6
7
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„Official Gazette of the Republic of Serbia“, No.98/2006
Constitution of the Republic of Serbia, Articles 23, 24 and 25
Taken from the Article 5 of the Universal Declaration of Human Rights , Article 7 of the International Covenant
on Civil and Political Rights and Article 3 of the European Convention for the Protection of Human Rights and
Fundamental Freedoms
„Official Gazette of the Federal Republic of Yugoslavia „, No. 70/2001 and 68/2002 and „ Official Gazette of the
Republic of Serbia „, No. 58/2004, 85/2005, 115/2005, 85/2005 – state law 49/2007, 20/2009 – State Law 72/2009 and
76/2010
„Official Gazette of the Republic of Serbia „, No. 101/2005, 63/2009 - Constitutional Court‘s decision and 92/2011
„Official Gazette of the Republic of Serbia „, No. 85/2005, 72/2009 and 31/2011
„Official Gazette of the Republic of Serbia „, No. 85/2005, 88/2005 - modification 107/2005 - modification 72/2009,
111/2009 and 121/2012
Convention against Torture, Article 4: (1) Each State Party shall ensure that all acts of torture are offences under its
criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes
complicity or participation in torture. (2) Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.