CAT/C/SRB/CO/1
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(b) The law that establishes the War Crimes Chamber, adopted in 2003;
(c) The Criminal Code which defines and criminalizes torture, adopted in 2005;
(d) The Law on the Protector of Citizens, which establishes the Protector of
Citizens (Ombudsman), adopted in 2005;
(e) A Law on Criminal Procedure which was adopted in 2006 and entered into
force in 2009; and
(f) The Law on Asylum, which establishes the principle of prohibition of nonrefoulement, which was adopted in 2007 and entered into force in 2008.
4. The Committee welcomes the ratification, in 2006, of the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. It also welcomes the ratification, in 2002 and 2003, respectively, of the
Optional Protocols to the Convention on the Rights of the Child on the sale of children,
child prostitution and child pornography and on the involvement of children in armed
conflict, as well as the ratification, in 2003, of the Optional Protocol to the Convention on
the Elimination of All Forms of Discrimination against Women.
C. Main issues of concerns and recommendations
Definition of torture
5. While noting the criminalization of torture by several normative acts, the Committee is
concerned that legislation is not yet fully harmonized with the Convention as, according
to article 137 of the Serbian Criminal Code, the penalties established are not
proportionate to the gravity of the crime. The Committee regrets the Supreme Court
ruling of 2005 where it applied a statute of limitation in respect of the crime of torture.
However, the Committee takes note of the State party’s statement that a new law will
remedy the incompatibility between Serbia’s law and the Convention with regard to the
statute of limitation by the end of 2009 (art. 1).
The State party should continue to make efforts to bring its definition of
torture into line with article 1 of the Convention. In this respect, the State
party should ensure that the penalties of the Criminal Code be brought in
line with the proportional gravity of the crime of torture. The Committee
urges the speedy completion of judicial reforms so that no statute of
limitations will apply to torture.
Fundamental safeguards
6. The Committee notes that the Law on the Execution of Penal Sanctions provides for
internal control by respective departments of the Ministry of Justice, that the Police Act
passed in 2005 foresees the establishment of the Internal Control Sector and that internal
control units have been established in all regional police centres. However, the
Committee remains concerned at the lack of an independent and external oversight
mechanism for alleged unlawful acts committed by the police. The Committee is also
concerned that, in practice, the police do not respect the right of a detainee to access a