[prisoner-rights] CAT 32nd session: Conclusions and recommendations on report Croatia

UNITED NATIONS
Press Release

xxxxxxxxxxCOMMITTEE AGAINST TORTURE ISSUES CONCLUSIONS AND
RECOMMENDATIONS ON REPORT OF CROATIA
xxxxxxxxxx

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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