3. Factors and difficulties impeding the application of the provisions of the Convention 159. The Committee takes note of the following: (a) The situation of insecurity and loss of civil oversight over parts of Croatia between 1991 and the end of 1995; (b) The social and economic consequences of the events referred to in paragraph 1 of the initial report, together with the costs of reconstruction and reintegration of large portions of the population into the wider society; (c) The refocusing of social attitudes onto human rights rather than onto State rights, in a country where for 45 years the opposite was the norm. 4. Subjects of concern 160. The Committee is concerned about the information on serious breaches of the Convention received from reliable non-governmental organizations, indicating that in the wave of the events of 1995 and its aftermath, serious acts of torture were perpetrated by Croatian officials, particularly upon the Serb minority. 161. The Committee also notes that there is no defined crime of torture in the domestic law of Croatia. 5. Recommendations 162. The Committee recommends to the State party the following: (a) That Croatia enact a crime of torture in terms consistent with article 1 of the Convention; (b) That Croatia ensure that all allegations of torture or cruel, inhuman or degrading treatment or punishment arising out of the events of 1995 and its aftermath, be rigorously investigated by an impartial, independent commission and the results be reported back to the Committee; (c) That in the second periodic report a detailed account of the way in which Croatia complies with the provisions of article 3 of the Convention be included; (d) That a vigorous programme of education of police, as well as prison, medical, prosecution and judicial personnel be undertaken to ensure that they understand their obligations pursuant to the relationship between the domestic law of Croatia and the international human rights regime to which Croatia has adhered; (e) The Committee urges Croatia to continue to cooperate with the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 to ensure that alleged war criminals within its jurisdiction are brought to justice pursuant to the Dayton peace accord; -26-

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