A/HRC/40/59/Add.1 against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (12 March 2001), the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (26 September 2006) and the International Covenant on Civil and Political Rights (12 March 2001). Serbia accepts the inquiry procedure and the individual complaints procedure under the Convention against Torture. 9. At the regional level, Serbia is party to the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) (3 March 2004) and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and receives regular visits from the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. 2. National level Criminalization of torture and ill-treatment 10. Articles 25 and 28 of the Serbian Constitution, articles 136 and 137 of the 2005 Criminal Code and articles 9 and 16 of the 2013 Criminal Procedure Code provide legal standards for the prevention and investigation of torture and other forms of ill-treatment and for the exclusion of evidence extracted under torture. 11. The Special Rapporteur noted with concern, however, that articles 136 and 137 of the Criminal Code still do not expressly criminalize acts of torture and other cruel, inhuman or degrading treatment or punishment perpetrated at the instigation, or with the consent or acquiescence of a public official or other person acting in an official capacity. The Special Rapporteur also noted with concern that the upper limits of the penalties provided for in the Criminal Code are not commensurate with the potential gravity of the crime of torture and other cruel, inhuman or degrading treatment or punishment. Criminal accountability for acts of torture and other ill-treatment is further restricted by the currently applicable statute of limitations. 12. In order to ensure full compliance with international standards on the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, the Special Rapporteur strongly recommends that the responsible authorities take urgent action: (a) to amend the Criminal Code so as to penalize the full spectrum of acts covered by articles 1 and 16 of the Convention against Torture, (b) to significantly increase the maximum penalties for such offences and (c) to remove all statutes of limitations for such offences. Fundamental safeguards 13. Sections 291, 294 and 69 of the Criminal Procedure Code provide sufficient safeguards against arbitrary arrest and detention, which the Special Rapporteur found to be generally well observed. 14. Formally, the right to have access to a lawyer is guaranteed from the arrest to the conviction or acquittal of any individual. However, the Special Rapporteur and his team have received persistent allegations from a number of individuals claiming to have been tried and sentenced without any assistance from a lawyer, despite their request for ex officio counsel, and from several other individuals claiming that the ex officio counsel provided to them had insufficient expertise and motivation to ensure an effective legal representation. The Special Rapporteur also received several allegations that, after sentencing, convicts were presented with invoices not only for the court fees, but also for the services of their ex officio defence counsel. 15. While medical examinations seem to be routinely carried out at the outset of custody, the forensic expert accompanying the mission was able to confirm that the medical doctors performing such examinations generally had not received specialized training and did not have sufficient expertise in the investigation and documentation of physical and psychological signs of torture and other ill-treatment and in the interpretation of the resulting injuries. 4

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