Convention
Abbreviation:
CAT
COMMITTEE AGAINST TORTURE
Twenty-first session
9-20 November 1998
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE
19 OF THE CONVENTION
Conclusions and recommendations of the Committee against Torture
Croatia
61. The Committee considered the second periodic report of Croatia
(CAT/C/33/Add.4) at its 352nd, 353rd and 359th meetings, on 13 and
18 November 1998 (CAT/C/SR.352, 353 and 359), and adopted the following
conclusions and recommendations.
1. Introduction
62. Croatia
accepted the Convention against Torture by succession and recognized
the competence of the Committee to receive complaints, as provided
for in articles 21 and 22 of the Convention, on 8 October 1991. Croatia
has also been a party to the European Convention for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment since
1997.
63. The Committee
notes with satisfaction that the second periodic report complies with
the general guidelines for periodic reports prepared by the Committee.
Although it was submitted a year and a half late, the report demonstrates
the State party's willingness to cooperate with the Committee in order
to fulfil its obligations under the Convention.
2. Positive
aspects
64. Croatia
has incorporated the crime of torture and acts constituting other
inhuman, cruel or degrading treatment or punishment into its internal
legislation in terms which are in keeping with the provisions of articles
4 and 16 of the Convention, since it makes these offences punishable
by appropriate penalties which take into account their grave nature.
65. There
have been some changes in the rules of criminal procedure, such as
the introduction of the obligation to bring detainees before a judge
within 24 hours so that a decision may be taken on the lawfulness
of detention and the determination of the maximum time limits for
pretrial detention.
3. Subjects
of concern
66. The Committee
notes that the Amnesty Act adopted in 1996 is applicable to a number
of offences characterized as acts of torture or other cruel, inhuman
or degrading treatment or punishment within the meaning of the Convention.
67. The Committee
is seriously concerned about allegations of illtreatment and torture,
some of which resulted in death and are attributable to law enforcement
officials, especially the police.
68. The Committee
is concerned about the incompetence revealed in investigations of
cases of serious violations of the Convention, including deaths which
have not yet been explained. It is also concerned about the lack of
a sufficiently detailed report, which was to be prepared on the basis
of the recommendations made following the consideration of the initial
report.
4. Recommendations
69. As during
the consideration of the initial report, the Committee recommends
that the State party should make all necessary efforts to ensure that
the competent authorities immediately conduct an impartial, appropriate
and full investigation whenever they have to deal with allegations
of serious violations made in a credible manner by non-governmental
organizations.
70. The Committee
also recommends that, through the intermediary of the competent authorities,
the State party should take account of the evidence transmitted to
it by the International Tribunal for the Former Yugoslavia and some
non-governmental organizations concerning violations of human rights
and, in particular, cases of torture and cruel, inhuman or degrading
treatment or punishment.
71. The Committee
recommends that constitutional complaints should be received directly
by the Constitutional Court in all cases of allegations of torture
and other cruel, inhuman or degrading treatment or punishment.
