CAT/OP/MKD/1/Add.1

I. Introduction
1.
The Government of the Republic of Macedonia highly appreciates the role of the
Subcommittee on the Prevention of Torture and Other Cruel Inhuman or Degrading
Treatment or Punishment and its contribution and proactive approach to eliminating torture
and ill-treatment worldwide.
2.
The Government of the Republic of Macedonia elected on 1 June 2017 is fully
committed to continue cooperation with the SPT and to work on the implementation of its
recommendations. A strategy for zero tolerance of ill-treatment was adopted by the new
Government, which is also fully committed to improving the conditions of detention,
eliminating all factors that may lead to ill-treatment and to thorough investigation of all
possible cases of mistreatment by institutions.

II. Reprisals
3.
The Government of the Republic of Macedonia wishes to assure the SPT that there
were no acts of reprisals against anyone who met and had contacts with the SPT delegation
during its April 2017 visit to the country.

III. Torture and ill-treatment
4.
The working group on the amendment of the Criminal Code has taken into account
the recommendations of all relevant international bodies, including the SPT, and has been
working on the harmonization of the definition of torture in line with the CAT and the
jurisprudence of the ECHR.
5.
Fight against torture and ill-treatment is part of the Government reform agenda. One
of the priorities is the establishment of an external oversight independent mechanism for the
work of the police, the model for which was adopted by the Government on 12 September
2017.
6.

For that purpose, the following legal amendments were prepared:
• Draft Law Amending the Law on Courts (status: in parliamentary procedure, 2/3
majority);
• Draft Law Amending the Law on Public Prosecutor’s Office (status: in
parliamentary procedure, 2/3 majority);
• Draft Law Amending the Law on Public Prosecutor’s Service (status: adopted by the
Assembly);
• Draft Law Amending the Law on Internal Affairs (status: adopted by the Assembly);
• Draft Law Amending the Law on Police (status: adopted by the Assembly);
• Draft Law Amending the Law on Execution of Sanctions (status: adopted by the
Assembly) and Draft Law Amending the Law on the Ombudsman (status: adopted
by the Assembly).

7.

The proposed amendments refer to the following:
• The Draft Law amending the Law on Courts prescribes a new duty of the specialized
unit in charge of prosecution of acts in the field of organised crime and corruption
on the entire territory of the Republic of Macedonia in the Basic Court Skopje ISkopje; in charge of prosecution of criminal acts performed by police officers and
for officials from other law enforcement authorities;
• The Draft Law amending the Law on Public Prosecutor’s Service shall determine
the following: professional titles of employees, the procedures for employment and
promotion in the Unit for Investigation and Prosecution of Criminal Acts performed

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