CAT/OP/MKD/1/Add.1

by persons with police authorizations and employees within the prison police, work
experience and the salaries, as well as the discipline and material accountability of
employees in the newly established unit;
• The Law Amending the Law on Internal Affairs prescribes an obligation after
receiving a criminal charge or obtaining an information that a police officer
committed a criminal offence in performing official action or action outside the
service by using a serious threat, force or means of coercion resulting into death,
serious body injury, body injury, unlawful deprivation of liberty, torture and other
cruel, inhuman or degrading treatment and punishment, if the law provides criminal
prosecution ex officio, the Ministry will without delay inform the Unit for
investigation and prosecution of criminal acts committed by persons with police
authorizations and members of the prison police in the Basic Public Prosecutor’s
Office for Prosecuting Organised Crime and Corruption. Within these frameworks,
the Ministry, together with the notification, submits to the Unit all the sources of
information about the perpetrated crime, the perpetrator and the victim and other
sources of information at its disposal;
• The Law Amending the Law on Police prescribes for an obligation after receiving a
criminal charge or obtaining an information that a police officer committed a
criminal offence in performing official action or action outside the service by using a
serious threat, force or means of coercion resulting into death, serious body injury,
body injury, unlawful deprivation of liberty, torture and other cruel, inhuman or
degrading treatment and punishment, if the law provides criminal prosecution ex
officio, the Ministry will without delay inform the Unit for investigation and
prosecution of criminal acts committed by persons with police authorizations and
members of the prison police in the Basic Public Prosecutor’s Office for Prosecuting
Organised Crime and Corruption, the organizational unit in the Ministry responsible
for internal control and professional standards undertakes actions for initiating
disciplinary procedure for that officer upon approval by the public prosecutor from
the Unit for investigation and prosecution of criminal acts committed by persons
with police authorizations and members of the prison police in the Basic Public
Prosecutor’s Office for Prosecuting Organised Crime and Corruption, for which it
prepares report and opinion to the Minister of Interior;
• The Law Amending the Law on Execution of Sanctions prescribes for an obligation
upon obtained knowledge about the existence of grounds for suspicion that a
member of the prison police committed a criminal offence when undertaking an
official action or action outside the service with the use of force resulting in death,
serious body injury, body injury or unlawful deprivation of liberty, if the law
provides criminal prosecution ex officio, the penitentiary correctional and
educational, correctional institutions or the Directorate for Execution of sanctions
without delay to notify the Unit to investigate and prosecute crimes committed by
people with police powers and members of the prison police at the Public
Prosecutor’s Office for Organised Crime and Corruption;
• The Law Amending the Law on the Ombudsman provides for creation of a special
external body, as an additional corrective of the investigation system in cases of
criminal offences committed by authorized officials at the Ministry of Interior and
members of the prison police. For that purpose, a special organizational unit, a
mechanism for civil control, is envisaged to be established within the Ombudsman.
Namely, three representatives from nongovernmental organizations will be a part of
that organizational unit and will undertake actions and measures for providing
support and protection of victims, their rights and their interests in all procedures,
through an efficient and transparent investigation, in criminal acts and other
unlawful actions committed by employees of the Ministry of Interior when
exercising police authorizations and by members of the prison police. The selection
of nongovernmental organizations is performed by the Assembly on the basis of a
public call that is published annually. The selected three nongovernmental
organizations will then nominate one representative for an external member of the
Ombudsman’s civil control mechanism with a mandate of one year.

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