CAT/C/42/D/261/2005
Page 3
ANNEX
DECISION OF THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22 OF THE
CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING
TREATMENT OR PUNISHMENT
Forty-second session
Concerning
Communication No. 261/2005
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 Serbia
Date of complaint:
17 December 2004 (initial submission)
The Committee against Torture, established under Article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 8 May 2009,
Having concluded its consideration of complaint No. 261/2005, submitted to the
Committee against Torture on behalf of Mr. Besim Osmani under article 22 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the complainants,
Adopts the following decision under article 22, paragraph 7, of the Convention against
Torture.
1.
The complainant is Mr. Besim Osmani, a citizen of the Republic of Serbia of Roma origin,
born in 1967, and residing in the Republic of Serbia. He claims to be a victim of violations of
article 16, paragraph 1, read separately or in conjunction with articles 12 and 13, and article 14,
read separately or in conjunction with article 16, paragraph 1, of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment by the Republic of Serbia. He
is represented by three non-governmental organizations: the Humanitarian Law Center (HLC),
Minority Rights Center (MRC), both based in Belgrade and by the European Roma Rights
Center (ERRC), based in Budapest.
Factual background
2.1 The complainant was one of the 107 Roma inhabitants of the “Antena” Roma settlement
situated in New Belgrade (Novi Beograd) Municipality of Belgrade. The settlement existed since