CAT/C/MNE/CO/2
(d)
Optional Protocol to the International Covenant on Economic, Social and
Cultural Rights, in 2013;
(e)
Council of Europe Convention on Preventing and Combating Violence
against Women and Domestic Violence, in 2013.
5.
The Committee welcomes the legislative measures taken by the State party in areas
of relevance to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, including the adoption of the:
C.
(a)
Law on Domestic Violence Protection, in 2010;
(b)
Law on Amendments to the Law on Minority Rights and Freedoms, in 2010;
(c)
Law on the Treatment of Juveniles in Criminal Proceedings, in 2011.
Principal subjects of concern and recommendations
Definition and criminalization of torture
6.
While noting the efforts undertaken by the State party to bring its legislation in the
area of torture prevention into compliance with the Convention and international standards,
the Committee remains concerned that legislation is not yet fully harmonized with the
Convention, in view of the limited scope of the definition of torture and lenient penalties
for the crime of torture under article 167 of the Criminal Code, amended in 2010. The
Criminal Code does not fully reflect all elements of the definition in article 1 of the
Convention, which includes pain or suffering inflicted by or at the instigation of or with the
consent or acquiescence of a public official or other person acting in an official capacity.
(arts. 1 and 4)
The State party should revise the legislation:
(a)
To adopt a definition of torture that covers all the elements contained in
article 1 of the Convention;
(b)
To ensure that penalties for torture are commensurate with the gravity
of this crime, as required under article 4, paragraph 2, of the Convention;
(c)
To ensure that the absolute prohibition on torture is non-derogable and
that acts amounting to torture are not subject to any statute of limitations.
Fundamental legal safeguards
7.
The Committee is concerned that, in practice, persons deprived of their liberty are
not always afforded all fundamental legal safeguards from the very outset of their
deprivation of liberty, including the right to have access to an independent lawyer and an
independent doctor of their choice, and to contact a relative. The Committee expresses its
concern at the requirement for an order by the public prosecutor prior to medical
examinations of arrested and detained persons being carried out, under article 268 of the
Criminal Procedure Code. (art. 2)
In the light of the Committee’s general comment No. 2 on the implementation of
article 2 by States parties, the State party should take all necessary measures to
ensure that all persons deprived of their liberty are afforded, in law and in practice,
fundamental legal safeguards from the very outset of deprivation of liberty, including
the right of access to an independent lawyer and to an independent doctor, preferably
of their own choice, without conditioning such access on the permission or request of
officials, and the right to contact a relative.
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