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United Nations press release
UNITED NATIONS
Press Release
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COMMITTEE AGAINST TORTURE HEARS
RESPONSE OF THE FORMER YUGOSLAV
REPUBLIC OF MACEDONIA
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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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For use of the information media; not an official record
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