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The UN Subcommittee on Prevention of Torture (SPT) on Tuesday said that Serbia needs to take further action to “protect people deprived of their liberty from torture and ill-treatment.”
During a week-long mission to Serbia, the SPT visited prisons, police cells, remand centers, and homes for the elderly and children. The delegation also conducted interviews with those detained and with officials working in related facilities. Head of the SPT Massimiliano Bagaglini first stated that “shortcomings must be addressed, specifically in the areas of criminal justice and social care.” Second, he added that the SPT “observed many individuals, including children, spend[ing] extended periods in pretrial detention under restrictive conditions.” Finally, institutions for people with disabilities “were also a concern for the delegation.”
In 2006, Serbia ratified the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). A mandate of the OPCAT says that all parties to the protocol shall establish their own bodies for the prevention of torture and other inhumane treatment. Importantly, the OPCAT states that each “State Party shall allow visits … to any place under its jurisdiction and control where persons are or may be deprived of their liberty.” The SPT’s visit to Serbia was an instance of these permitted, unannounced entries to member nations.
As a part of its responsibilities under OPCAT, Serbia established the Protector of Citizens (Ombudsman) as its National Preventive Mechanism (NPM). NPMs function as the domestic monitoring body, having the authority to “make recommendations to national authorities to work with them on the prevention of torture and ill-treatment and on the improvement of conditions of living in places of deprivation of liberty.” Serbia’s 2023 NPM report contained recommendations to police departments, prisons, psychiatric hospitals, and clinics. For instance, one of the recommendations in the report stated that “PS Bačka Planka [a police department] shall ensure the supply of fresh air and natural light in the detention premises.”
The OPCAT has been ratified by 94 states, all of whom must “allow the SPT unannounced and unhindered visits to all places where persons are deprived of their liberty.” While the OPCAT’s goals and measures are hopeful in moving toward more equitable, humane treatment of vulnerable persons, critics emphasize that international sanctions for violations of international law are often discretionary, ineffective, and merely nominal in nature. It is also difficult and costly to establish international tribunals needed to formally try people who violate international law, and nations must consent to these tribunals’ jurisdiction.
The SPT will submit a confidential report to the Serbian government with its observations and recommendations for compliance with OPCAT. All nations have been encouraged to make these reports public.
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During a week-long mission to Serbia, the SPT visited prisons, police cells, remand centers, and homes for the elderly and children. The delegation also conducted interviews with those detained and with officials working in related facilities. Head of the SPT Massimiliano Bagaglini first stated that “shortcomings must be addressed, specifically in the areas of criminal justice and social care.” Second, he added that the SPT “observed many individuals, including children, spend[ing] extended periods in pretrial detention under restrictive conditions.” Finally, institutions for people with disabilities “were also a concern for the delegation.”
In 2006, Serbia ratified the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). A mandate of the OPCAT says that all parties to the protocol shall establish their own bodies for the prevention of torture and other inhumane treatment. Importantly, the OPCAT states that each “State Party shall allow visits … to any place under its jurisdiction and control where persons are or may be deprived of their liberty.” The SPT’s visit to Serbia was an instance of these permitted, unannounced entries to member nations.
As a part of its responsibilities under OPCAT, Serbia established the Protector of Citizens (Ombudsman) as its National Preventive Mechanism (NPM). NPMs function as the domestic monitoring body, having the authority to “make recommendations to national authorities to work with them on the prevention of torture and ill-treatment and on the improvement of conditions of living in places of deprivation of liberty.” Serbia’s 2023 NPM report contained recommendations to police departments, prisons, psychiatric hospitals, and clinics. For instance, one of the recommendations in the report stated that “PS Bačka Planka [a police department] shall ensure the supply of fresh air and natural light in the detention premises.”
The OPCAT has been ratified by 94 states, all of whom must “allow the SPT unannounced and unhindered visits to all places where persons are deprived of their liberty.” While the OPCAT’s goals and measures are hopeful in moving toward more equitable, humane treatment of vulnerable persons, critics emphasize that international sanctions for violations of international law are often discretionary, ineffective, and merely nominal in nature. It is also difficult and costly to establish international tribunals needed to formally try people who violate international law, and nations must consent to these tribunals’ jurisdiction.
The SPT will submit a confidential report to the Serbian government with its observations and recommendations for compliance with OPCAT. All nations have been encouraged to make these reports public.
The post UN subcommittee says Serbia must take more action to comply with anti-torture protocol appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.