CAT/OP/MKD/2
I. Introduction
1.
In accordance with its mandate under the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
members of the Subcommittee on Prevention of Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment visited the former Yugoslav Republic of Macedonia
from 23 to 29 April 2017.
2.
The Subcommittee members who conducted the visit were Aisha Shujune
Muhammad (Head of delegation), Mari Amos, Sir Malcolm Evans and June Lopez.
3.
The Subcommittee was assisted by two human rights officers from the Office of the
United Nations High Commissioner for Human Rights (OHCHR), two security officers and
four local interpreters.
4.
The State party acceded to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment on 12 December 1994 and ratified the
Optional Protocol on 13 February 2009. On 11 April 2011, the State party designated the
Ombudsman as the national preventive mechanism for the prevention of torture and other
cruel, inhuman or degrading treatment or punishment.
5.
The main objectives of the visit were: (a) to provide advisory services and technical
assistance to the national preventive mechanism, in accordance with article 11 of the
Optional Protocol, with the aim of identifying and addressing the challenges and difficulties
faced by the mechanism, taking into account the Subcommittee’s guidelines on national
preventive mechanisms (CAT/OP/12/5); and (b) to help the State party to fully implement
its obligations under the Optional Protocol, thereby strengthening its ability to protect
persons deprived of their liberty and addressing the challenges relating to penitentiary
facilities and, in particular, to persons on remand.
6.
The Subcommittee held meetings with government officials and other stakeholders
(see annex I) and visited places of detention (see annex II). Meetings held with members of
the national preventive mechanism permitted the Subcommittee to discuss the mandate and
working methods of the mechanism and to explore ways of strengthening and increasing its
effectiveness. In order to better understand how the mechanism works in practice, the
Subcommittee also visited, together with representatives of the mechanism, a place of
deprivation of liberty that had been chosen by the mechanism (see annex III). That visit was
led by the members of the mechanism, with the members of the Subcommittee as observers.
7.
The present report sets out the Subcommittee’s observations and recommendations
to the national preventive mechanism. The recommendations are made in accordance with
the Subcommittee’s mandate to offer training and technical assistance and to advise and
assist the mechanism, in accordance with article 11 (b) (ii) and (iii) of the Optional Protocol.
The report remains confidential unless the mechanism decides to make it public, in
accordance with article 16 (2) of the Optional Protocol.
8.
The Subcommittee draws the attention of the national preventive mechanism to the
Special Fund established under article 26 of the Optional Protocol. Recommendations
contained in visit reports that have been made public can form the basis of an application
for funding specific projects through the Fund, in accordance with its rules.
9.
The Subcommittee wishes to express its gratitude to the national preventive
mechanism for its assistance and cooperation in the planning and undertaking of the visit.
II. National preventive mechanism
10.
On 11 April 2011, the State party designated the Ombudsman as its national
preventive mechanism. The Ombudsman was established by Law No. 60/2003, amended by
Law No. 114/2009. The mechanism commenced its activities, including visits to places of
detention, in April 2011.
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