complete their investigations. Incidentally, some of the police officers interviewed by the
Committee members during their visits to police stations claimed that they lacked modern
equipment for crime investigation and had to use very rudimentary tools.
186. In his meeting with the Committee members the Public Prosecutor underlined the efforts
being made to change the police mentality. In his opinion, such change had to accompany the
changes with regard to personnel and the internal reorganization of the police force currently
under way. The police approach to the collection of evidence had to change too. The police had
to understand that evidence of a crime could only be obtained through legal means. This was
very important for his Office since, under the Yugoslav legal system, public prosecutors did not
direct the police investigation and could not give instructions to the police on how to collect
evidence.
187. The need to change the police mentality was underlined by several interlocutors, as well
as in a report published in October 2001 by OSCE, entitled “Study on Policing in the Federal
Republic of Yugoslavia”. According to this report, “the reason why so many situations are
accompanied by assaults, resistance and resentment is because the police officers not only fail to
act, but fail to understand that it is their duty to act, according to a professional code of conduct.
In the absence of a Code of Ethics or Policing Principles, this latter unsatisfactory situation
would seem to prevail throughout Yugoslavia. It is therefore proposed that a major programme
of education in human rights for police officers be introduced throughout the police forces of
Yugoslavia that is credible and practically related to operational police situations”.4
E. Investigation and punishment of those responsible for torture
1. Disciplinary proceedings
188. The Chief of Public Security for Serbia, who is responsible for Internal Police Oversight
at the Ministry of Internal Affairs, explained to the Committee members that each regional police
department had a unit of internal control that reviewed and supervised every police officer. If a
unit received information on police abuses from any source, it could initiate an investigation and
bring the case before the corresponding disciplinary tribunals established by the Ministry.
Disciplinary measures included a reduction in monthly salary of up to 30 per cent for one to
six months and transfer to a lower salary level for a certain time. Ultimately, the officer
concerned could be dismissed from service. Disciplinary proceedings could be conducted,
regardless of any criminal procedure under way. The Committee members were subsequently
informed by the Ministry that 392 complaints had been submitted against the police in the period
January-June 2002, of which 43 cases were considered to be well founded and resulted in the
initiation of disciplinary proceedings. However, the information did not specify how many
complaints included allegations of torture or ill-treatment and whether any criminal proceedings
had been initiated.
189. The members note that, according to the Decree on Disciplinary Responsibilities in the
Ministry of Internal Affairs,5 which regulates internal disciplinary proceedings, the decision
whether to proceed with such proceedings lies with the officer immediately in command of the
officer against whom a complaint has been made. The commanding officer assesses whether the
evidence gives rise to suspicion that a violation has taken place and passes the case on to the
prosecutor of the disciplinary tribunal. This gives commanding officers the opportunity to block
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