COMMITTEE AGAINST TORTURE HEARS RESPONSE OF THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA

Committee against Torture
AFTERNOON

8 May 2008



The Committee against Torture this afternoon heard the response of the Former Yugoslav Republic of Macedonia to questions raised by Committee Experts on the second periodic report of that country on how it is implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Responding to a series of questions raised by the Committee members on 7 May 2008, the delegation, which was led by Mihajlo Manevski, Minister of Justice of the Former Yugoslav Republic of Macedonia, said that, on the trafficking of persons, the Criminal Code had been amended to deal with it. The country had a strategic position in the Balkans. Several groups perpetrating trafficking were regularly detected. It was sometimes hard to determine whether smuggling of illegal aliens or trafficking of persons was taking place. As an example, during the last three weeks, three large groups smuggling migrants from eastern countries to Europe had been detected. There was regional inter-ministerial cooperation on the prosecution of organised crimes, which also included trafficking and smuggling of persons.

Concerning the newly adopted law on police, it was the result of a reform process that had been initiated inside the police service. This new law on police was a document providing a legal framework; it had been drafted by police and legal experts. The law on police now made a distinction between the Ministry of Interior and the police; this had not been the case before the adoption. The control over police action was now provided on three levels. Concerning external control mechanisms of the police, the Ombudsman was already providing it and a new concept for external control had been worked out in cooperation with the Organization for Security and Cooperation in Europe and many non-governmental organizations. With regard to the law on amnesty, the delegation noted that it had been adopted in 2002. This law did not provide amnesty for crimes against humanity. The main motivation for its adoption was to accelerate the post-conflict healing process.

The Committee will submit its conclusions and recommendations on the report of the Former Yugoslav Republic of Macedonia towards the end of the session on Friday, 16 May 2008.

As one of the 145 States parties to the Convention against Torture, the Former Yugoslav Republic of Macedonia is obliged to provide the Committee with periodic reports on the measures it has undertaken to fight torture.

When the Committee reconvenes at 10 a.m. on 9 May 2008, it is scheduled to begin consideration of the third periodic report of Iceland (CAT/C/ISL/3).

Response of the Former Yugoslav Republic of Macedonia

Responding to a series of questions raised by Committee Experts on 7 May 2008, the delegation of the Former Yugoslav Republic of Macedonia said that, with regard to the definition of torture, Article 142 of the Criminal Code was practically fully harmonized with Article 1 of the Convention. The Criminal Code had been amended in 2004 and since then practically all elements contained in the Convention’s Article 1 were covered. Concerning direct applicability, all the international treaties ratified by the State were part of the internal legal order.

On the trafficking of persons, the Criminal Code had been amended. The country had a strategic position in the Balkans. Several groups perpetrating trafficking were regularly detected. It was sometimes hard to determine whether smuggling of illegal aliens or trafficking of persons was taking place. As an example, during the last three weeks, three large groups smuggling migrants from eastern countries to Europe had been detected. There was regional inter-ministerial cooperation with regard to the prosecution of organized crimes, which included trafficking and smuggling of persons.

About the traditional definition of the crime of rape, the delegation said that this issue had also been recently raised by the Human Rights Committee. The comments made by the Human Rights Committee would be taken into account into new amendments. Concerning the right of asylum seekers to file an appeal, it was noted that it had be filed within 15 days. The appeal suspended the decision and a decision had to be taken within 15 days. Concerning the Ombudsman’s Office, it was funded through the State budget. The Office was currently discussing the option to have the budget approved directly by the Parliament, in order to ensure its full independence.

Concerning the newly adopted law on police, it was the result of a reform process that had been initiated inside the police. This new law on police was a document providing a legal framework; it had been drafted by police and legal experts. The law on police now made a distinction between the Ministry of Interior and the police; this had not been the case before the adoption. The control over police action was now provided on three levels. Concerning external control mechanisms of the police, the Ombudsman was already providing it and a new concept for external control had been worked out in cooperation with the Organization for Security and Cooperation in Europe and many non-governmental organizations.

Concerning detention records, a custody officer responsible for the records had been introduced through the new police law. Also, police officers were specially trained on procedures on how to deal with children. The sector of internal affairs had been investigating several cases where children had been arrested and detained by the police and police officers had been sanctioned for these actions. Concerning detention, the delegation said that it could last for 90 days. But this was sometimes insufficient for more complex crimes, like organized crime, thus an amendment had been passed in order to permit the prolongation of pre-trial detention through a judge’s decision. Also, a new bill had been drafted on the right to free legal assistance.

Concerning sexual violence against women in prisons, there were neither records nor complaints about sexual violence in prisons. Thus it was not true that women prisoners were forced to provide sexual services to male prison guards. Prison personnel were trained according to European standards. New rounds of prison personnel training would take place with the help of the United Kingdom and the delegation noted that they were ready to include special training about gender equality.

On prison overcrowding, the delegation said that the construction of a new remand prison and reconstruction of another prison had been decided yesterday and they would be finished by the end of this year. Concerning health care in prisons, upon admission, the law provided for a medical examination of all new inmates. Inmates fully enjoyed healthcare and doctors were present in prisons. More complicated health cases were taken care of in civil hospitals. Specialised staff physicians took care of special cases, such as drug abusers. Gynaecologists were also made available to women.

On the family law and the efficient reporting of domestic violence, the delegation agreed that there was not sufficient reporting of such violence. Skills to detect victims had been increased. A multi-sector training had taken place for personnel from various sectors, such as the police, health and social workers. A national information campaign about domestic violence had also taken place in order to motivate victims to report attacks and seek assistance.

With regard to the law on amnesty, the delegation noted that it had been adopted in 2002. This law did not provide amnesty for crimes against humanity. The main motivation for its adoption was to accelerate the post-conflict healing process.

Concerning corporal punishment of children, there was a hotline where children could report such violence. Shelter centres providing psychosocial support were made available for victims. Regarding juvenile marriage in the Roma population, the delegation noted that it was true that this was taking place and the State law authorized this for 16-year-old children if there was a written approval by the parents; also judicial approval was needed.

Concerning the police Internal Control Sector, a high number of complaints had been filed in the past two years by citizens. There were increasing complaints made to the Sector, while complaints to the Ombudsman and through non-governmental organizations were decreasing. The Sector was a mechanism which was increasingly accepted by the citizens for the oversight of police officials. The delegation indicated that the majority of the complaints concerned the Alpha police unit. This unit was not part of the police reform, and would soon disappear. Also, this unit operated only in the frame of the increase of street crime.

Regarding the United Nations Convention on the Rights of Persons with Disabilities, the delegation said that a working group had been established in this regard and national legislation was being reviewed to see if it was in accordance to the Convention’s provisions.

With regard to the Khalid El-Masri case, he had the right to file a civil law suit in the Former Yugoslav Republic of Macedonia if he so wished. Concerning the issue of the International Criminal Court and the non-rendition agreement with the United States and its accordance with the European Union’s standards, this was part of their medium term priorities and would be reviewed in the framework of their partnership acceptation. Also, the use of evidence obtained under torture was not authorized.

Questions by Committee Experts

FERNANDO MARINO MENENDEZ speaking on behalf of LUIS GALLEGOS CHIRIBOGA, the Committee Expert serving as Rapporteur for the Report of the Former Yugoslav Republic of Macedonia, asked whether a member of the military, having been ordered to conduct torture, was also indicted for torture or only his superior? Concerning amnesty for war crimes and forced disappearances, was a disappearance during war time considered as a war crime? Or was amnesty applied to it? Also, was it required for a police officer to shout “Stop or I shoot” before using a gun?

NORA SVEAASS, the Committee Expert serving as Co-Rapporteur for the Report of the Former Yugoslav Republic of Macedonia, welcomed the public awareness campaign on violence against women. How much awareness was there amongst men in the society about this subject and was the attitude towards women changing?

Ms. Sveaass welcomed the plan to close the Alpha police unit. Did the Internal Control Sector, as a control body, also control this unit? Did the same code of conduct applied to other police forces also apply to it? She also welcomed the rehabilitation centre for persons who had suffered from torture and ill treatment. On the interdiction to use torture to extract information, she was glad to hear that it was part of the legislation, nevertheless there was information indicating that this had happened, especially in cases of persons accused of involvement in terrorism.

Other Committee Experts asked questions and made comments on whether Taser guns were used by the police. Could someone obtain compensation if he had been held in pre-trial detention for 180 days or more and later found innocent during trial? Concerns were expressed about the fact that a member of the police force was in charge of the management of the detention records. Thus, it was a police officer who was overseeing the work of the police.

Another Committee Expert wondered if he had rightly understood that the period of preventive custody could go up to 15 years, with a Court agreement. If this was true there was a problem with regard to international standards. Concerning their collaboration with the International Criminal Tribunal for the former Yugoslavia, had it been satisfied with the collection of evidence carried out by them? Had the cooperation with the Tribunal been positive?

Also, did the State intend to accede to the Optional Protocol to the Convention against Torture, the Convention on the Rights of All Migrant Workers and Members of Their Families and the Convention on Enforced Disappearances?

Response by Delegation

Responding to additional questions raised, the delegation of the Former Yugoslav Republic of Macedonia said that no one could claim lack of responsibility for a committed crime by justifying that it had been carried out under a superior’s order. No one could legally order someone to commit a crime. Also, Taser guns were not used by the police. What could be used and how it could be used was fully described in the law. On the use of firearms, the law allowed the use, only if there were seven conditions being met simultaneously.

The delegation further noted that the maximum time a person could be held by the police was 24 hours. Regarding compensation, every person had the right to it and several demands had been filed and granted in the past years. Also, the cooperation with the International Criminal Tribunal for the former Yugoslavia was good. Concerning the ratification of the Optional Protocol, they still needed to check its compatibility with their laws before accessing it, but it was one of their priorities. The ratification of the Convention on the Rights of All Migrant Workers and Members of Their Families was not a priority at this time.

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