CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE
19 OF THE CONVENTION
Conclusions and recommendations of the Committee against Torture
The former Yugoslav Republic of Macedonia
106. The Committee considered the initial report of the former Yugoslav
Republic of Macedonia (CAT/C/28/Add.4) at its 366th, 369th and 373rd
meetings held on 27, 28 and 30 April 1999 (CAT/C/SR.366, 369 and 373)
and adopted the following conclusions and recommendations:
former Yugoslav Republic of Macedonia as a successor State recognized
the obligations of the former Yugoslav Federation and on 12 December
1994 became a State party to the Convention. Accordingly, the former
Yugoslav Republic of Macedonia continues to recognize the competence
of the Committee against Torture with regard to articles 20, 21 and
22 of the Convention.
Committee was grateful to the State party for the size and quality
of its delegation which contributed in a large measure to the fruitful
dialogue developed during the consideration of the report.
submission of the initial report of the former Yugoslav Republic of
Macedonia was delayed for reasons that were largely outside the control
of the State party. The report generally is in conformity with the
guidelines of the Committee for the preparation of State party reports.
Committee considers as positive aspects the following:
11 of the Constitution of the former Yugoslav Republic of Macedonia
provides that the human right to physical and moral dignity is irrevocable
and that any form of torture, or inhuman or humiliating conduct or
punishment is prohibited;
(b) It is
very important that the Criminal Code defines as a crime the act of
a public official who while performing his duty, applies force, threat
or some other forbidden method of extorting a confession;
establishment of a State Commission for the supervision of penal and
participation of public officials in seminars on the prohibition of
abuse and torture, organized by the Council of Ministers and the Council
evident willingness of the State party to implement the provisions
of the Convention;
commitment of the former Yugoslav Republic of Macedonia to respect
the principles and the norms contained in the Convention by including
extensive training of police and medical personnel in its system of
education and reeducation. Of particular note is the country's incorporation
of the norms reinforcing the prohibition of torture into its primary
and secondary school curricula.
and difficulties impeding the application of the provisions of the
Committee recognizes that the current situation in the former Yugoslav
Republic of Macedonia puts a considerable burden on the Government
but should not prevent the Government from making all efforts to fully
implement the provisions of the Convention.
absence of a specific crime of torture as defined in the Convention.
ambiguity of the provisions in the Criminal Code with regard to elements
and penalty. This leads to confusion as to the way in which article
2, paragraph 3 and article 4 of the Convention are implemented.
definition of torture as contained in the Convention and torture as
a defined crime should be incorporated into the Criminal Code of the
former Yugoslav Republic of Macedonia with appropriate penalties attached
State party is urged to investigate complaints of maltreatment by
government officials particularly those that relate to ethnic minorities.
The investigations should be prompt and impartial and those officials
that may be responsible for such maltreatment should be prosecuted.
former Yugoslav Republic of Macedonia, at its borders, should fully
comply with its obligations under article 3 of the Convention even
in the present situation of a massive influx of refugees from Kosovo.
Committee would like to know, in particular, from the State party
what is the specific legal source providing that the justification
of superior orders is not applicable to the crime of torture.