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."

Select target paragraph3