人权事务委员会审议前南斯拉夫马其顿共和国的报告（部分翻译）

人权事务委员会

2015年7月3日

人权事务委员会昨天下午和今天上午审议了前南斯拉夫马其顿共和国关于该国为确保落实《公民与政治权利国际公约》而采取的措施的报告。

前南斯拉夫马其顿共和国司法部国务秘书里佳·丽斯托夫斯基（Ilija Ristovski）先生在介绍该国报告时表示，该国已提交了一份旨在加强监督员作为防范酷刑机制作用及其财政独立性的修正案草案。他还指出，保护免受歧视委员会已收到12份有关基于性取向的仇恨言论的投诉，并确定其中三起案件中的确存在歧视。国务秘书还提请各方关注该国关于罗姆人的修订版战略（2014年-2020年），并补充称目前有12个罗姆人信息中心正不断提供社会保护、就业、保健、教育、和支持获取身份证件的努力方面的信息。丽斯托夫斯基先生还提请各方主义对有关男女机会平等问题以及预防和保护家庭暴力的法律的修订。他还宣布通过了一条在惩教机构中禁止使用惩戒牢房和单独监禁。最后，他表示，该国于6月18日刚刚通过关于庇护和临时保护寻求庇护者的法律，以使申请者能够接触到负责监督申请程序的当局。

前南斯拉夫马其顿共和国代表团由来自卫生部、司法部、内政部、劳工和社会政策部、外交部、总检察长办事处、发展和改善少数族裔社群语言教学办事处的代表组成。它回答了委员会成员关于监察员办事处，尊重隐私权尤其是在窃听问题方面，家庭暴力，打击仇恨罪和歧视、尤其是在男女同性恋、双性恋和变性人方面，罗姆人处境，移民和寻求庇护者问题，堕胎，监狱条件，打击腐败和去年5月5日事件等方面的问题。

一名委员响应了关于被拘留者人权问题的指控，并特别引用了该国拒绝赋予该群体获得律师或医疗护理服务的例子。另一名专家表示，委员会收到了关于儿童在惩教中心中遭到单独监禁、拷打和体罚的指控。他们还对前南斯拉夫马其顿共和国情报机构对政要、记者和议会成员的监听系统表示关切。一名专家指出了前南斯拉夫马其顿共和国与民间社会组织在男女同性恋、双性恋和变性者待遇以及选择生殖健康的自由、尤其是堕胎相关问题所作声明之间的冲突。

委员会将于7月24日会议结束之际通过关于前南斯拉夫马其顿共和国报告的结论性意见。

委员会将于周一上午10点讨论其工作方法，并将从下午3点开始审议西班牙的报告。

Report

The third periodic report of the former Yugoslav Republic of Macedonia is available here: CCPR/C/MKD/3.http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CCPR%2fC%2fGBR%2f7&Lang=en


Presentation of the Report

ILIJA RISTOVSKI, State Secretary at the Ministry of Justice of the former Yugoslav Republic of Macedonia, assured the Committee of “Macedonia’s” firm commitment to upholding the standards set forth in the Covenant. The Committee’s recommendations from the previous cycle and the European agenda had continued to drive the country’s policy towards further promotion and protection of human rights and fundamental freedoms. A draft law amending the Law on the Ombudsman had been prepared and was now in parliamentary procedure. The amendments aimed, inter alia, at strengthening the Ombudsman’s role in the prevention of torture as a national preventive mechanism.

In December 2012, the European Court of Human Rights had found that “Macedonia” had violated Articles 3, 5, 8 and 13 of the Court in the case of Mr. El Masri and obliged the State to pay just satisfaction, which the State had done. In the period from 2012 to 2014, the Ministry of the Interior had registered six criminal offences reported by persons belonging to the lesbian, gay, bisexual, and transgender community; two judgments had been adopted. A National Network for Fight Against Homophobia and Transphobia had been established, consisting of 15 civil society organizations and informal groups, which organized activities for greater visibility of the lesbian, gay, bisexual, and transgender community and the promotion of their human rights.

The Government had adopted a revised Strategy for the Roma for the period 2014-2020, which addressed the implementation of a multidimensional state policy for developing concrete activities to further strengthen Roma integration in the social mainstream. The 12 Roma Information Centres were continually functioning, offering counselling services, advice and logistic support to citizens in a timely manner in the fields of social protection, employment, healthcare and education, helping with personal identification documents and other issues. The implementation of the project for free legal aid also continued.

Amendments to the Law on Equal Opportunities for Women and Men had been adopted. A methodology had been prepared for training programmes for women in rural communities and women belonging to smaller ethnic communities. The Law on the Prevention of and Protection against Domestic Violence, adopted in September 2014, was the first special systemic law in that area, which established and advanced a comprehensive and coordinated system of activities for the prevention of and protection against domestic violence. The Law on Termination of Pregnancy envisaged compulsory counselling for women about possible risks deriving from that procedure. The Law did not deny the right of women to interrupt pregnancy; it gave them the right to free choice, as well as the right to be informed about possible consequences. The Guidelines for prenatal care had also been revised, and a Committee had been established to assess all cases of prenatal death.

Mr. Ristovski said that, regarding the solitary confinement, corporal punishment and use of batons against minors in educational-correctional institutions, the Director of Enforcement of Sanctions had issued a decree prohibiting the use of disciplinary cells. A number of extraordinary supervision visits had been carried out, establishing that solitary confinement rooms were not in use. Members of the security sector in educational-correctional institutions did not use truncheons.

Further strengthening of the independence of the judiciary remained a priority. In that context, amendments to the Constitution of the Republic of “Macedonia” had been drafted, an important part of which related to the justice system. They included a proposal that the Minister of Justice and the President of the Supreme Court of the Republic of “Macedonia” no longer be ex-officio members of the Judicial Council and that the number of judges members of that body be increased. In implementing international standards in the area of the judiciary, the Law on the Fact Finding Council had been adopted. Since January 2013, following the entry into force of the amendments on the Law on Courts, all newly appointed first instance judges had to be graduates of the initial training of the Academy for judges and prosecutors. Audio-visual equipment had been purchased for recording hearings of indicted persons and of witnesses in the investigative procedure. Case Management System has been established at the Public Prosecutors' Offices, facilitating the management and following of criminal cases. The Law on Courts from 2006 and its amendments in 2008 had introduced a national remedy for the protection of the right to trial within a reasonable time.

Law amending the Law on Asylum and Temporary Protection had been adopted in June 2015, with the purpose of facilitating access to potential asylum seekers to authorities in charge of the right to asylum and preventing illegal migration. It would enable foreigners to express their intention to submit asylum application. Mr. Ristovski stated that in the area of primary and secondary education, all discrimination was prohibited by the law. A new two-year Inclusion of Roma Children in Preschool Education project had been signed with the Roma Education Fund. In November 2012, Law on Civil Liability for Defamation and Insult and a law amending the Criminal Code had been adopted. In 2011, in cooperation with the Ministry of the Interior and the Civil Registry Department, the Ministry of Labour and Social Policy had started an action for identification of persons who had not been entered in the Register of Births.

Questions by the Experts

An Expert wondered whether concrete proposals could be put forth regarding the Ombudsman. What was the desired number of staff members of that office and what was its budget? The Ombudsman issued recommendations to the State: were they being implemented and if so, how many?

Regarding Surveillance and wire-tapping by the state security agency, the Expert said that the government did not deny wire-tapping, but said it was work of a foreign intelligence service. If the wire taping was not in accordance with the law, it was contrary to right to privacy in the Covenant. The taping had lasted for more than four years. The United Nations Assistant Secretary General for Human Rights had visited the country in May and requested a comprehensive and impartial investigation into the wire-tapping case. There was also information that the leader of the opposition was charged with espionage in order to take the Prime Minister down. Could more information be provided on this?

On domestic violence, the improvement in this area was impressive, an Expert noted. Could the delegation elaborate on the four shelters? There was information that children were not properly treated in the family in cases of divorce or disagreement between parents. Were there programmes for perpetrators of domestic violence, in order to prevent them from committing such crimes?

Regarding trafficking in persons, only a partial response had been received. There was no mention of the perpetrators. Could the delegation provide further information? Had there been only eight victims in 2014? How did the protection of victims work in practice?

Another Committee Expert wanted to know about the discrimination based on sexual orientation and gender identity. The State had answered that no law was planned. There was a systematic approach to addressing the issue through a number of laws. It would be useful to amend the Law on Protection to include protection sexual orientation and gender identity, in particular Article 3.
Could the delegation share concrete outcomes in the cases of crimes against sexual minority persons? The Expert asked what the level of cooperation between State organs and the newly established National Network for Fight against Homophobia was.

The adoption of the revised strategy for Roma was an improvement. However, there was still lack of achievement in the social inclusion of Roma, especially concerning their representation and participation in the decision-making process. What were the concrete results of projects for socially disadvantaged groups? An Expert asked for more specific information regarding the projects aimed at making police and Roma friendlier to each other.

What had been substantially improved regarding promotion of women on accordance with the Law for Equal Opportunities for Men and women? When were the amendments adopted? Were there any by-laws? Were there any other measures regarding gender equality improvement?

Another Expert noted that the new law on abortion introduced the mandatory rule of a written request, mandatory waiting time of three days before a termination could be carried out, and increased fines for medical providers. The international standards by the World Health Organization highlighted the importance of avoiding delay, and that once a decision had been made by a woman, abortion should be provided as soon as possible. How were the new provisions of the new law in consistence with those standards?

What measures were in place to prohibit use of corporal punishment in all institutions, including in correctional facilities and at home? Was there a law against corporal punishment and if so, what constituted corporal punishment and under what setting was the law being implemented?
Question was asked on measures in place to secure the independence of the judiciary. How were the judges recruited in the State party? Was the competence of the Judicial Council extended to the promotion of Judges, and to the assignment to high positions of judges? More information was sought on persons encountering difficulties in right to a fair trial, especially regarding delay, in first instance courts.

An Expert asked about the involvement of minority groups, civil society, non-governmental organizations and the National Human Rights Institution in the preparatory process of the Report.

Regarding the Optional Protocol, a Committee Expert said that the State party had ratified it, but no cases had been received. Was anyone aware of the advantages of addressing the Committee?

Another Expert raised the issues of medical examination as well as limited access to a lawyer in prisons. How strong were the supervision measures?

Responses by the Delegation

In response to the question on the Ombudsman’s Office, the delegation explained that the law amending and supplementing the Law on Ombudsman was in parliamentary procedure and its aim was to strengthen the capacity of the office in line with the Paris Principles. With respect to human rights promotion, activities were envisaged to be implemented by the Ombudsman. Recruitment of the Ombudsman was done through a transparent procedure, and a public competition was published three months prior. Regarding the strengthening of the financial independence, the new law incorporated the Paris Principles. The delegation would subsequently submit detailed figures on the Office . For the period 2012-2014, Ministries implemented more than 90 percent of the Ombudsman’s Office recommendations. The Office cooperated with professional medical and psychiatric associations and forensic experts.

Regarding the Optional Protocol, “Macedonia” had ratified the Protocol and the Government was working on raising public awareness about the possibility citizens had to apply to the Committee. The Ministry of Justice had published the procedure for application, as well as several cases of filing an application before the Committee. Further activities would be undertaken.

Answering questions on the wire-tapping case, the delegation explained that three cases were currently underway. One case against five persons was over unauthorized sound recording and unauthorized use of those recorded materials with the intention of acting against highest bodies of the country. A legally valid court judgment had been adopted against one person. The other two cases related to criminal file charges with respect to the content of the wire tapings published by a political party in “Macedonia”. A preliminary investigative measure was being implemented in order to gather evidence related to the content of the wiretapped telephone conversations. The Public Prosecutor was investigating whether there were elements of crime with lasting consequences.
In addition, the Basic Public Prosecutor’s Office of Skopje had opened 29 cases with respect to the wiretapping, which were all at the investigative stage. Investigative activities had been undertaken in all cases, some of which were at a more advanced stage.

Regarding the Law against Prevention and Protection against Domestic Violence, it was explained all involved institutions within the system applied a multi-sectorial approach. The law helped raise the level of social responsibility and awareness in countering domestic violence. Victims were informed about their rights to protection, and the official procedures needed to be followed in order to be granted assistance and protection. Assistance was provided to secure the integrity of the persons, who were usually accompanied by a social worker. There was a ban on publishing information about the identity of the victims, and there was special protection for children who had witnessed violence in the family.

A delegate stated that there were four shelter centers and two counseling offices. Regarding the programmes for the perpetrators of domestic violence, those had been adopted in 2011 with the support of the World Health Organization and the help of United Nations agencies in “Macedonia”.
All women had full legal rights and therefore could be placed in shelters. There were experts who could provide them with advice. In 2014, there had been 722 women victims of violence and 131 children secondary victims of domestic violence.

On the issue of trafficking in human beings, the delegation said that in 2014, criminal charges had been filed against two persons. For the crime of organizing a group and encouraging the perpetration of trafficking in human beings and migrant smuggling, four criminal charges had been filed against 23 persons. The previous year, the Ministry of Interior had conducted six investigations against eight police officers. The Ministry of Labour and Social Policy had prepared a programme for support and assistance for reintegration of victims of human trafficking. In 2014, five victims of trafficking had been placed at the protective center and provided education, psycho-social support, clothes, and so on.

Regarding the Law on Protection against Discrimination, a delegate stated that the two basic goals were preventing discrimination and protecting victims of discrimination. By the end of the year, the Strategy of Equality and Non Discrimination 2011-2015 would be evaluated and a new strategy would be put in place. The Ministry of Labour and Social Policy organised meetings with all relevant institutions in order to see gaps and avoid overlap of activities. In cooperation with Office of the United Nations High Commissioner for Human Rights, workshops were being organised to assist the efforts of state bodies on non-discrimination. A website would also be designed presenting the laws bylaws and other important documents on discrimination.

Responding to questions on cases involving lesbian, gay, bisexual, and transgender community, the delegation informed that so far two legally valid verdicts had been adopted in first instance. Under the first judgment, 14 persons had been pronounced guilty. The second case was a judgment against one person, who was given a sentence of seven months. In addition, the Public Prosecutor’s Office had opened other cases regarding the sexual minorities, two of which were on the 2013 arsons of the facility of the lesbian, gay, bisexual, and transgender community in Skopje. No relevant material evidence had been found that would allow for the identification of the perpetrators.

With regard to the Roma community, the aim of the mentioned projects was strengthening the capacity of Roma non-governmental organisations and centers, with advice of mobile teams who were working on the grounds. Those teams consisted of doctors, lawyers and social workers, who went once a week to Roma communities, answered questions and provided advice. Regarding the participation of Roma on national level, “Macedonia” was unique in the region because many Roma were active in political life. There was one Member of the Parliament, one Minister, one Deputy Minister, several directors, state advisors, heads of departments of ministries, judges, a deputy Ombudsman, and a Roma mayor.

There were medical specialists at primary level in Roma communities. Four public offerings for license of gynecology in the community of Shuto Oriziari had been issued, but there had be no application. As a result, the Ministry of Health is sending a gynecologist to the community at least once per week.

On the participation of minority ethnic communities in the public administration, it was explained that, according to the 2014 information, there were 18.4 percent Albanians, 1.8 percent Turks, 1.2 percent Roma, 1.6 percent Serbs, 0.5 percent Bosniaks.

The bylaws to the Law on Equality between Men and Women, those had been adopted and and entered into force. Another bylaw was in preparation.

Regarding the Law on Abortion, the delegation said that the previous law on termination of pregnancy had dated back to 1976. The new law had been adopted in 2013 to synchronize it with current system. Mandatory counseling of the woman to give information was a practice in many Western European countries, and the mandatory waiting period was one of the shortest in Europe. Abortion was not restricted, and could be done for personal reasons and socio economic reasons, even after 10th week, unlike in most countries. It was one of most liberal laws in Europe. Abortions were not recorded in the system and privacy was respected.

In the penitentiary system reforms, the main focus was advancement of effectiveness of the system, improvement of the treatment with full respect of the rights of inmates, resettlement of inmates and their successful integration, improvement of material conditions, and dealing with the problem of the overcrowded prisons. A project called Reconstruction of prisons and Correctional Facilities was in place, financially supported by the national budget and with the Development Bank of the Council of Europe. In 2014, reconstruction had started of the largest prison in “Macedonia”, namely the Idrizovo Prison, where 600 beds would be provided. A training center was being equipped for prison staff. The number of prisoners had been reduced by a system Law on Probation, 400 transmitting bracelets had been procured, as well as GPS and other monitoring equipment.

The construction of a juvenile correctional facility in Tetovo had started in March 2014 and was expected to be completed in 2015. Funds had been allocated furthermore for the reconstruction of a facility which was currently used for juveniles. Prohibition of the use of solitary confinement had been pronounced and those were no longer used.

Regarding allegations that prison staff prevented complaint submitting, a delegate said that easily accessible letter boxes had been placed. Based on the reports of the Ombudsman and the inspections done by the inspectorate, no information had been received by the State on that allegation. Inmates had the right to file a written complaint, and in 2014 the Directorate had received 75 written complaints from inmates.

In response to the questions on corporal punishment, it was explained that the Law on Executional Sanctions fully incorporated International Covenant on Civil and Political Rights provisions. There was an explicit prohibition of torture in that law, and the psychological dignity had to be respected, the right to personal security and the self-respect had to be ensured. There were also an instruction in place for the use of means of coercion at prisons and correctional facilities, which closely defined the manner and cases in which means of coercion could be used by members of the institutions, within and outside the facilities. In May 2015, the Government had adopted the National Strategy of the Development of the Penitentiary System of “Macedonia” with 13 goals and the Action Plan.

The delegation said there was an inter-ministerial body considering all manners in which judgments of the European Court of Human Rights judgments were to be implemented. It would be interesting to establish a similar mechanism for the implementation of views of the Committee on Civil and Political Rights.

Regarding the independence of the judiciary, a delegate informed that significant and substantive activities had been implemented. Only graduates of the Academy could be elected as judges. There were high criteria to be admitted to the Academy for training judges and prosecutors. For the promotion of judges from lower to higher courts, there was a merit system and only judges with best results could be promoted. Only the best candidates could be elected as court presidents. An overall strategy was being prepared for the reform of the overall justice system, including the judiciary. Within the strategy, electronic linking was envisioned with other courts. The administrative obstacles, such as taking the physical files from one court to another, would thus be replaced by an electronic system.

For the Administrative Court specifically, judges were elected following a public competition. The Judicial Council was the only responsible body for electing judges; eight of the 15 judges on the Council were judges. The Court was efficiently dealing with the backlog of cases, even while in 2014, it had received 31,130 cases.

On the question of the fight against domestic violence, it was stressed that the budget for the strategy to fight against domestic violence had been increased by two percent as compared to 2014. There had been a 42 percent increase of complaints filed in cases of domestic violence in comparison to the previous years.

Regarding election of judges in the Constitutional Court, a delegate explained that they were elected by the Parliament. Six judges were elected by the majority in the Parliament, and three by the minority. The mandate of the judges was nine years without the right to reelection. The Constitutional Court was not part of the judicial branch, but a different body, and the Judicial Council did not have authority to appoint or dismiss the Constitutional Court judges.

Responding to the question on the right to a trial within reasonable time, a new legal remedy had been introduced before the Supreme Court. Following the introduction of the new Law on Criminal Procedure and the new Law on Civil Procedures, no case had been presented to the Bureau representing “Macedonia” before the European Court for Human Rights. It could be concluded that the problem of trial within reasonable time had been dealt with in a sufficient manner.

Regarding the monitoring of the penitentiary system, it was explained that external supervision of detention places was part of the competencies of the Courts and the National Preventive Mechanism within the Ombudsman’s Office. The National Strategy for the Development of the Penitentiary System adopted in May 2015 envisaged monitoring of penitentiaries with specific remedies such as a definition of the inspection services and the responsibilities of the inspectors, the type of corrective measures that could be ordered by inspectors, etc. Another activity was the establishment of a Sector for Inspections within the Directorate for Inspections.

Follow-up Questions by Experts

Regarding abortion, a Committee Expert commented that the new law had restrictions in the form of mandatory written request and waiting period of three days. Did the old law make those requirements mandatory? He had received information that the punishment for medical providers in this respect had a chilling effect. Could the delegation provide information on that? Could the delegation also provide more information on a government campaign which allegedly stigmatized abortion through television programmes and advertising?

Another Expert recognized the comprehensive reforms of the State party in the judiciary system, but referred to the 2014 European Commission Progress Report which had noted a risk of backsliding in the independence of the judiciary and in the fight against corruption. Concern was expressed about the security of tenure, the quality of justice and merit-based recruitment, and protection against political influence and asked the delegation to comment on these.

Addressing the lesbian, gay, bisexual, and transgender community, another Expert was under the impression that there was a gap between the answers from the State party and allegations by civil society. According to civil society the government did not have a favorable policy towards that community.

The Expert also asked for more information on the El Masri case, as in March 2015 the European Court of Human Rights had issued a decision saying that the steps taken by the State party were not satisfactory, but the case had not be reopened yet.

More information was also requested on the managing of the 2001 conflict consequences, in relation to the Amnesty Law discussed in the previous concluding observations. What progress had been made with regard to disappeared persons? Had investigations been carried out?

An Expert inquired about a specific case in the Idrizovo Prison, in which after a prison guard had been convicted of the serious crime of torture, he had continued to work in that prison. More information was also requested regarding police brutality, as the information on complaints received from the Ombudsman and civil society, and that provided by the State party did not match.

Had there been proceedings in cases of acts of domestic violence, and had any perpetrators been punished?

Answers by the Delegation

Regarding the differences between the old and new Law on Abortion, the delegation reiterated that mandatory requirements had also been present in the old law. The difference between the two laws was the reference to the spouse.

Regarding the independence of the judiciary, a delegate stated that the practice of having too many disciplinary procedures against judges had been abandoned. In 2014, only four judges had been dismissed, one of whom had been found guilty of the misapplication of law, and another of not acting on cases. In 2015, no dismissals had been recorded. When it came to the election of judges, all judges elected in 2013 had come from the Academy. Disciplinary procedures and dismissal measures would be integrated and dismissal would no longer be implemented for mild mistakes. The choice of judges was based on highly set criteria, including qualifying exams, proficiency in foreign languages, high marks, personal and professional integrity, and the quality of the way in which they had exercised their profession, based on previous judgments they had made.





Follow-up Questions by Experts

One Expert inquired about the freedom of movement of Roma individuals, and in particular their cross-border movements, and the discriminatory manner in which they were allegedly treated by border police.

The delegation was also asked to clarify the alleged lengthy time procedures for asylum seekers
and the issue of the appointment of legal guardians for unaccompanied minors. According to civil society members, asylum seekers were held in degrading conditions for long periods of time.

Question was asked about religious education in a country which was declared as secular.

Relating to state involvement in media, was the reestablishment of the “Macedonian” Journalist Association a hindrance to the freedom of journalists? The delegation was asked to explain detention of journalists in 2013, exclusion of journalists from the Parliament in 2012, surveillance and monitoring of some journalists and attacks against others.

Was birth registration free of charge? What happened with children who had no identification documents? Could they attend school? What happened with children begging on the streets? Was there discrimination against members of minorities in correctional institutions?

Another Expert commended the State party for the undertaken measures to include Roma children in pre-school education and Roma adults in the teaching, training and mentoring processes. He noted, however, that there still might be segregation, and that the level of inclusion was still not high enough. Concrete information was requested on the innovative programmes for Roma teachers.

Question was asked whether permanent residence was a pre-condition for electoral rights? Was dual citizenship allowed and if so, how many bilateral agreements had been concluded?

Turning to the demonstrations of 5 May 2015, in the aftermath of which more than 40 individuals had been allegedly detained and 15 kept in pre-trial detention, an Expert asked if that had been necessary given the mild nature of the offence and the fact that they did not have criminal records.

The issue of pre-trial detention was a general problem due to prison overcrowding. Could the delegation update on the progress made in using alternatives, such as electronic bracelets?

What measures were taken to ensure timely response to asylum seekers? Did they have access to information in a language they understood?

An Expert asked the delegation to comment on the Channel 5 Television Programme anchor, Mr. Nedelkovski, who had described human rights defenders as national traitors, inciting hatred and calling upon the Government to pursue a policy against these people.

Answers by the Delegation

The delegation said that provisions on treatment of whistleblowers had been introduced in 2014 and the Law Amending the Law on Criminal Procedures was aimed at protecting whistleblowers. The Budget of the State Commission on Corruption had increased by 44 percent as compared to 2014, and new staff had been employed to deal with conflict of interest and corruption. High profile corruption cases were also being dealt with from initial stage to completion.

On the issue of prosecutions related to the lesbian, gay, bisexual and transgender community, the delegation reiterated that there had thus far been two legally valid verdicts adopted in first instance. Under the first judgment, 14 persons had been pronounced guilty. There was an appeal filed at a court in Skopje. The second case was a judgment against one person, charged the person with 2 crimes, who had been handed down a cumulative sentence of seven months. An appeal was lodged against that judgment as well. In addition to the arson cases mentioned earlier, another case involved the attack against a coffee shop, Damar, and was still an open case. A request had been sent for international legal assistance through the Ministry of Justice. There were two other cases of causing national, racial hatred and intolerance. Both criminal charges had been filed by the Coalition Sexual and Health Rights of Marginalized Communities, and in both cases, the Public Prosecutor’s Office had dismissed the cases in line with the new law.

Regarding the event in the Idrizovo Prison when a prison guard had committed serious bodily harm to a prisoner, the guard had been convicted and sentenced to one and a half years in prison. Prior to that, he had been in pre-trial detention. In “Macedonia”, no one was allowed to suffer consequences at work without a legally valid verdict; thus, the officer had been transferred to an administrative post in the prison without contact with prisoners, and, following the final judgment, he had been suspended from work, taken to pre-trial and then prison.

In response to the question on asylum seekers who were unaccompanied minors, the delegation informed that there were 316 minors, 73 of whom were unaccompanied, and all of whom had been appointed a guardian. At the Reception Center for Asylum Seekers all unaccompanied minors had guardians.

On the length of time of procedures for asylum seekers, in 2014, 1,249 asylum applications had been filed. In over 1,000 cases, a state of procedure had been adopted but 90 percent of the asylum seekers had left before knowing the outcome of the procedure for application of asylum, as asylum centers were not closed and people were allowed free movement, in accordance with the international standards. The law provided that the asylum seekers were to be addressed in their language; however, that was difficult to implement in practice and assistance had been requested.

Regarding the inhuman conditions of reception centres, a delegate said that there were two centers, one of which accommodated illegal migrants and was under competence of the Ministry of the Interior. “Macedonia” was part of the Balkan Route and faced a large scale influx of illegal migrants, and had a problem of overcrowding, however the Government was working on improving conditions. A new building had been provided for vulnerable categories, such as unaccompanied migrants and women with babies, in accordance with the European standards. The Government had also provided a third building, which was being reconstructed near the city of Kumanovo. The request for a fourth building had been made. Training had also been provided for staff at reception centers.

On the discrimination of Roma trying to leave the country, the Law on Border Control obliged officers not to discriminate on any grounds, and obliged police officers to undertake measures to prevent illegal migration from the country. “Macedonia” had a working arrangement with Frontex, and assumed obligations to enhance border controls. If there were suspicions that any citizen did not fulfill conditions to enter a Member State of the European Union, including a letter of guarantee, they were not allowed to leave the country. Anyone had the right to file a court complaint if they felt that the border police did not comply with the law.

The amendments to the Law on Asylum had been made in order to provide legal protection of migrants from smugglers. Cases had been filed against 135 migrant smugglers. Asylum seekers, upon crossing the border, immediately received a document which gave them legal protection and the right to move freely across the country. That document was named the “intention to file an application” and did not allow for crossing of borders. It allowed the asylum seeker 72 hours to reach the reception center, where the asylum seeker could formally file an “application for asylum.”

The delegation explained that religious education was prohibited in public schools. It was true that the subject “history of religions” had been introduced following the 2009 ban, but that was not religious education, and teachers who taught it were not priests.

With reference to special schools, the delegation said that children with special needs had the choice of two ways of instruction: they could either attend with other children or go to special schools. Regarding Roma children, an increased number of Roma were going for the former type of education and the number of children going to special education classes was reducing. A Special Commission had examined all school files on that topic and recommended a change in the categorization of pupils, so as to see whether they needed to be in regular schools. Children without identification documents had the right to education under equal conditions as nationals of the Republic of “Macedonia”.

Exceptional progress had been made over the previous ten years in the area of education of Roma. For the seventh year in a row, one third of all Roma children, or over 3,000 children, had been awarded scholarships. In addition, tutors enabled them to improve their performances. There had been only seven Roma in the university in 1997, as compared to over 200 today. Many of the graduates were employed in the state administration and the private sector. Regarding the 2013 Twinning Project for the Support of Roma Communities, the outcome was school books introducing cultural elements, training for educators and principles, raising awareness for parents, training of Roma education mediators that ensured regular attendance of schools by Roma. From 2006, Roma children had been included in pre-school education, in common classes with all, a delegate stated.

In order to deal with persons without identification, the Government had established a working group with all line Ministries as well as the Roma Center and civil society, who found persons on the ground, took evidence of which kind of documents they needed and prepared them for registration. Approximately, 550 persons without identification documents had been found that way, and 120 cases had been solved thus far. Registration was free of charge, but when birth certificate was issued, 2.5 euros had to be paid; for social cases, the fee was waived.

Regarding street children, if parents forced the child to beg, social centres would immediately take the child away from its parents temporarily, initiate a criminal file against the parents, provide appropriate care and undertake rights to protect the interests of the minor while waiting for the final decision.

A delegate explained that the draft third periodic report had been published on the website of the Ministry of Justice, inviting civil society to make comments. Some of those had been included in the final report.

The “Macedonian” Journalist Association was composed of journalists, civil society, the bar association, a union, a representative of the Parliament, and a local self-government association. There were fewer representatives of the Government than of civil society. Five open TV debates had been led, as well as a parliamentary debate on the Law establishing the association. 70,000 visitors had visited the website to read and comment on the Law and amendments by the media had been implemented.

With regards to court cases on journalists, there was only one legal procedure currently underway, which was for the case mentioned by the Committee, namely Tomislav Kezarovski, who had been convicted, served a sentence, and was now released. No journalist had been tried in absentia.

Responding to the questions on the 5 May 2015 events, an initial procedure had been filed against 17 persons, 13 of whom admitted the offence they had been charged with. They were all convicted, and there was a decision on the four who did not admit their offence. All rules for pre-trial detention had been respected. Relevant investigations had been made regarding the allegations of the excessive use of force by the police in the protests.

On the issue of judgments in domestic violence cases, the delegation informed that if the damaged party did not file criminal charges, the Prosecutor could not prosecute the perpetrator.

Concluding Remarks

FABIAN OMAR SALVIOLI, Chairperson of the Committee, highlighted that the questions that the delegation had not been able to respond to could be furnished in writing within 48 hours. The dialogue had been very constructive, showed the regularity of the State and valuable written and oral answers. Some additional measures still needed to be undertaken. Domestic violence, discrimination and due treatment of detained persons, preventive mechanisms against torture were all issues of essential importance to the Committee. He expressed hope that the State party would implement the concluding observations and his appreciation that the delegation would look into building a follow-up mechanism similar to the one with regards to the European Court of Human Rights.

ILIJA RISTOVSKI, State Secretary of the Ministry of Justice, thanked the Committee for pursuing the dialogue and appreciated considerations and recommendations, which were considered very helpful in dealing with all the issues. Obviously, there were areas where the State could make additional efforts, and it was in those in which assistance was welcome. Some priorities had been suggested. Mr. Ristovski underlined the commitment of all Ministries to continuing their cooperation with the Committee and in making progress in all areas.

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For use of the information media; not an official record

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