CAT/C/SRB/CO/2
6.
The Committee welcomes the entry into force and adoption of and amendments to
national legislation, including:
(a)
The adoption of Law No. 7/2011, which designates the Protector of Citizens
(Ombudsperson) of Serbia as a national preventive mechanism under the Optional Protocol
to the Convention;
(b)
The amendment to article 388 of the Criminal Code, increasing the penalties
for the crime of trafficking in persons;
(c)
The adoption of Law No. 72/09 on cooperation with the International
Criminal Tribunal for the Former Yugoslavia and the agreement of 2011 on the
enforcement of penal sanctions imposed by the Tribunal;
(d)
The adoption in 2014 of the Law on the Execution of Criminal Sanctions and
the Law on the Enforcement of Non-Custodial Sanctions and Measures.
7.
The Committee also commends the State party’s efforts to amend its policies and
procedures in order to afford greater protection for human rights and to apply the
Convention, in particular:
(a)
The adoption in 2011 of the National Strategy for the Prevention and
Elimination of Violence against Women in the Family and in Intimate Partner
Relationships and the general and special protocols for conduct in cases falling within the
scope of the strategy;
(b)
The adoption in 2013 of the National Judicial Reform Strategy for the period
2013–2018;
(c)
The adoption of the Strategy for the Reduction of Overcrowding in
Institutions for Enforcement of Criminal Sanctions for the period 2010–2015 and its Action
Plan;
(d)
The adoption of the Strategy for the Development of the Penal Sanctions
Enforcement System, in 2013, and its Action Plan, in 2014.
C.
Principal subjects of concern and recommendations
Definition of torture and statute of limitations
8.
The Committee welcomes the information provided by the delegation that
amendments to the Criminal Code are being prepared in order to address the definition of the
crime of torture. In this respect, the Committee remains concerned that article 136 and article
137, paragraphs 2 and 3, of the Criminal Code, dealing with acts of torture, are not
harmonized, and the fact that they are not aligned with all elements of the crime of torture, as
defined in article 1 of the Convention. The Committee also regrets that the Criminal Code still
maintains the statute of limitations in respect of the crime of torture, and that several criminal
proceedings have been considered, consequently, statute-barred (arts. 1 and 4).
Recalling its previous concluding observations (see CAT/C/SRB/CO/1, para. 5), the
Committee urges the State party to promptly implement the legislative measures
necessary to harmonize the provisions of the Criminal Code dealing with torture and
align them with the definition contained in article 1 of the Convention, by, among
other things, including acts of torture perpetrated by or at the instigation of or with
the consent or acquiescence of a public official or other person acting in an official
capacity. The State party should ensure that acts of torture are punishable by
appropriate penalties commensurate with their grave nature, in accordance with
article 4 (2) of the Convention. The Committee urges the State party to repeal the
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