CAT UNITED NATIONS Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr. RESTRICTED* CAT/C/42/D/261/2005 25 May 2009 Original: ENGLISH COMMITTEE AGAINST TORTURE Forty-second session (27 April – 15 May 2009) DECISION Communication No. 261/2005 * 1 Submitted by: Mr. Besim Osmani (represented by counsel, the Humanitarian Law Center, Minority Rights Center and the European Roma Rights Center) Alleged victim: The complainant State party: Republic of Serbia1 Date of complaint: 17 December 2004 (initial submission) Made public by decision of the Committee against Torture. On 17 December 2004, the complaint was submitted against Serbia and Montenegro as a State party to the Convention. The National Assembly of the Republic of Montenegro adopted its Declaration of Independence on 3 June 2006, following the referendum carried out in the Republic of Montenegro on 21 May 2006, which took place pursuant to Article 60 of the Constitutional Charter of Serbia and Montenegro. In a letter dated 16 June 2006, the Minister for Foreign Affairs of the Republic of Serbia informed the Secretary-General that "the Republic of Serbia continues to exercise its rights and honour its commitments deriving from international treaties concluded by Serbia and Montenegro. Therefore, the Ministry of Foreign Affairs requests that the Republic of Serbia be considered a party to all international agreements in force, instead of Serbia and Montenegro. In a letter dated 30 June 2006, the Minister for Foreign Affairs of the Republic of Serbia confirmed that "all treaty actions undertaken by Serbia and Montenegro will continue in force with respect to the Republic of Serbia with effect from 3 June 2006. Therefore, all declarations, reservations and notifications made by Serbia and Montenegro will be maintained by the Republic of Serbia until the Secretary-General, as depositary, is duly notified otherwise."