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;
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