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COMMITTEE AGAINST TORTURE ISSUES CONCLUSIONS AND RECOMMENDATIONS ON REPORT OF CROATIA
14 May 2004
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Committee against Torture
AFTERNOON 14 May 2004
The Committee against Torture this afternoon issued its conclusions and recommendations on the third periodic report of Croatia, noting with satisfaction the ongoing efforts to reform legislation in order to ensure a better protection of human rights, including the right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment.
Cited among positive developments in the report of Croatia was the adoption of a number of domestic laws and international instruments of relevance to the prevention and suppression of torture and ill treatment.
The Committee expressed concern, among other things, about the reported failure of the State party in connection with torture and ill treatment which reportedly occurred during the 1991-1995 armed conflict in the Former Yugoslavia, to carry out prompt, impartial and full investigations, to prosecute the perpetrators and to provide fair and adequate compensation to the victims. The Committee also referred to allegations of application of double standards at all stages of the proceedings against Serb defendants and in favour of Croat defendants in war crime trials.
Among the Committee’s recommendations were that Croatia ensure full cooperation with the International Criminal Tribunal for the Former Yugoslavia, inter alia, by ensuring that all indicted persons in their territory were arrested and transferred to the custody of the Tribunal; enforce all relevant legislation providing for the protection of witnesses and other participants in proceedings; adopt all necessary measures to improve the material conditions of the reception centres for asylum seekers; and refrain from detaining asylum seekers and illegal immigrants.
As one of the States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Croatia must present periodic reports dealing with the national efforts to implement the treaty. The third periodic report of Croatia was discussed on 6 and 7 May.
The Committee will meet at 10 a.m. on Monday, 17 May to consider the third periodic report of Bulgaria (CAT/C/34/Add.16).
Conclusions and Recommendations on Third Periodic Report of Croatia
The Committee noted with satisfaction the ongoing efforts to reform legislation in order to ensure a better protection of human rights, including the right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment. It cited the adoption of the law on asylum in June 2003; the entry into force of the new law on foreigners in February 2004, which included a provision prohibiting the deportation of individuals who could face torture if returned to their own country; the entry into force in January of the law on the police force, which regulated the use of coercive measures, including the use of firearms; and the entry into force in 2001 of the law on the execution of penalties of imprisonment, which regulated the treatment and the rights of inmates.
The Committee welcomed the signature of the optional protocol to the Convention against Torture; and the ratification of the Rome Statute of the International Criminal Court in May 2001. It took note with satisfaction of the assurances given by the State party’s representative that the1996 Amnesty Act had not been applied to acts of torture; and the assurances that each inmate was offered a minimum of four square metres of living space.
The Committee expressed concern about the reported failure of the State party in connection with torture and ill treatment which reportedly occurred during the 1991-1995 armed conflict in the Former Yugoslavia to carry out prompt, impartial and full investigations, to prosecute the perpetrators and provide fair and adequate compensation to the victims. The Committee also referred to allegations of the application of double standards at all stages of the proceedings against Serb defendants and in favour of Croat defendants in war crime trials; and the reported harassment, intimidation and threats faced by witnesses and victims testifying in proceedings and the lack of adequate protection from the State party.
In connection with asylum seekers and illegal immigrants, the Committee expressed concern about the poor conditions of detention of those held in the Jezevo Reception Centre for Foreigners, including poor hygienic conditions and limited access to recreational activities; the alleged cases of violence against those held in the Jezevo Centre and the lack of prompt and impartial investigations into that matter; and the deprivation of their liberty for prolonged periods of time. Concern was also expressed at the alleged failure of the State party to address the issue of violence and bullying between children and young adults placed in social care institutions; the alleged failure to prevent and fully and promptly investigate acts of violent attacks by non-State actors against members of ethnic and other minorities; and the poor regime for remand prisoners.
Among other things, the Committee recommended that the State party take effective measures to ensure impartial, full and prompt investigations into all allegations of torture and other cruel, inhuman or degrading treatment and ensure the prosecution and punishment of the perpetrators as appropriate and irrespective of their ethnic origin; ensure full cooperation with the International Criminal Tribunal for the Former Yugoslavia, inter alia, by ensuring that all indicted persons in their territory were arrested and transferred to the custody of the Tribunal; enforce all relevant legislation providing for the protection of witnesses and other participants in proceedings; take measures to ensure in practice the right of all persons deprived of their liberty to have prompt access to counsel and a doctor of their choice, as well as to contact family members; adopt all necessary measures to improve the material conditions of the reception centres for asylum seekers; refrain from detaining asylum seekers and illegal immigrants; and allow the United Nations High Commissioner for Refugees (UNHCR) full access to asylum seekers.
The Committee also recommended that the State party increase the protection of children and young adults placed in social care institutions, inter alia, by ensuring that violent acts were reported and investigated; ensure the protection of ethnic and other minorities; improve the regime activities for remand prisoners in accordance with international standards; and continue its efforts to strengthen human rights education and training activities on the prohibiting of torture and ill treatment for law enforcement officials, medical personnel, public officials and other persons who might be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment.
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AFTERNOON 14 May 2004
The Committee against Torture this afternoon issued its conclusions and recommendations on the third periodic report of Croatia, noting with satisfaction the ongoing efforts to reform legislation in order to ensure a better protection of human rights, including the right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment.
Cited among positive developments in the report of Croatia was the adoption of a number of domestic laws and international instruments of relevance to the prevention and suppression of torture and ill treatment.
The Committee expressed concern, among other things, about the reported failure of the State party in connection with torture and ill treatment which reportedly occurred during the 1991-1995 armed conflict in the Former Yugoslavia, to carry out prompt, impartial and full investigations, to prosecute the perpetrators and to provide fair and adequate compensation to the victims. The Committee also referred to allegations of application of double standards at all stages of the proceedings against Serb defendants and in favour of Croat defendants in war crime trials.
Among the Committee’s recommendations were that Croatia ensure full cooperation with the International Criminal Tribunal for the Former Yugoslavia, inter alia, by ensuring that all indicted persons in their territory were arrested and transferred to the custody of the Tribunal; enforce all relevant legislation providing for the protection of witnesses and other participants in proceedings; adopt all necessary measures to improve the material conditions of the reception centres for asylum seekers; and refrain from detaining asylum seekers and illegal immigrants.
As one of the States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Croatia must present periodic reports dealing with the national efforts to implement the treaty. The third periodic report of Croatia was discussed on 6 and 7 May.
The Committee will meet at 10 a.m. on Monday, 17 May to consider the third periodic report of Bulgaria (CAT/C/34/Add.16).
Conclusions and Recommendations on Third Periodic Report of Croatia
The Committee noted with satisfaction the ongoing efforts to reform legislation in order to ensure a better protection of human rights, including the right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment. It cited the adoption of the law on asylum in June 2003; the entry into force of the new law on foreigners in February 2004, which included a provision prohibiting the deportation of individuals who could face torture if returned to their own country; the entry into force in January of the law on the police force, which regulated the use of coercive measures, including the use of firearms; and the entry into force in 2001 of the law on the execution of penalties of imprisonment, which regulated the treatment and the rights of inmates.
The Committee welcomed the signature of the optional protocol to the Convention against Torture; and the ratification of the Rome Statute of the International Criminal Court in May 2001. It took note with satisfaction of the assurances given by the State party’s representative that the1996 Amnesty Act had not been applied to acts of torture; and the assurances that each inmate was offered a minimum of four square metres of living space.
The Committee expressed concern about the reported failure of the State party in connection with torture and ill treatment which reportedly occurred during the 1991-1995 armed conflict in the Former Yugoslavia to carry out prompt, impartial and full investigations, to prosecute the perpetrators and provide fair and adequate compensation to the victims. The Committee also referred to allegations of the application of double standards at all stages of the proceedings against Serb defendants and in favour of Croat defendants in war crime trials; and the reported harassment, intimidation and threats faced by witnesses and victims testifying in proceedings and the lack of adequate protection from the State party.
In connection with asylum seekers and illegal immigrants, the Committee expressed concern about the poor conditions of detention of those held in the Jezevo Reception Centre for Foreigners, including poor hygienic conditions and limited access to recreational activities; the alleged cases of violence against those held in the Jezevo Centre and the lack of prompt and impartial investigations into that matter; and the deprivation of their liberty for prolonged periods of time. Concern was also expressed at the alleged failure of the State party to address the issue of violence and bullying between children and young adults placed in social care institutions; the alleged failure to prevent and fully and promptly investigate acts of violent attacks by non-State actors against members of ethnic and other minorities; and the poor regime for remand prisoners.
Among other things, the Committee recommended that the State party take effective measures to ensure impartial, full and prompt investigations into all allegations of torture and other cruel, inhuman or degrading treatment and ensure the prosecution and punishment of the perpetrators as appropriate and irrespective of their ethnic origin; ensure full cooperation with the International Criminal Tribunal for the Former Yugoslavia, inter alia, by ensuring that all indicted persons in their territory were arrested and transferred to the custody of the Tribunal; enforce all relevant legislation providing for the protection of witnesses and other participants in proceedings; take measures to ensure in practice the right of all persons deprived of their liberty to have prompt access to counsel and a doctor of their choice, as well as to contact family members; adopt all necessary measures to improve the material conditions of the reception centres for asylum seekers; refrain from detaining asylum seekers and illegal immigrants; and allow the United Nations High Commissioner for Refugees (UNHCR) full access to asylum seekers.
The Committee also recommended that the State party increase the protection of children and young adults placed in social care institutions, inter alia, by ensuring that violent acts were reported and investigated; ensure the protection of ethnic and other minorities; improve the regime activities for remand prisoners in accordance with international standards; and continue its efforts to strengthen human rights education and training activities on the prohibiting of torture and ill treatment for law enforcement officials, medical personnel, public officials and other persons who might be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment.
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