Macedonia must urgently ensure accountability of law enforcement agents responsible for torture and other ill-treatment

The World Organisation Against Torture (OMCT), in partnership with two national non-governmental organizations (NGOs), the Association for Emancipation, Solidarity and Equality of Women (ESE) and the Civil Society Research Center (CSRC), has just completed a mission in Skopje aiming at ensuring follow-up to the United Nations Committee Against Torture (CAT)’s recommendations adopted one year ago. The State’s implementation of these recommendations remains a concern for NGOs, especially regarding the lack of accountability of law enforcement agents responsible for torture and other ill-treatment perpetrated during investigations and pre-trial procedures.

In May 2008, OMCT, ESE and CSRC submitted an alternative report to CAT to support this Committee’s consideration of the State party report on Macedonia. Subsequently, CAT issued a series of concluding observations and recommendations in order to improve Macedonia’s respect for and implementation of the Convention Against Torture. To help to ensure follow up of the recommendations adopted, OMCT, in partnership with ESE and CSRC, held a mission from 21 to 24 April 2009, during which a workshop with national NGOs and meetings with various authorities - among which the Minister of Justice and representatives of the Ministry of Interior - and other stakeholders – like the Academy of judges and public prosecutors and the Forensic Institute - took place.

The discussions in the workshop lead the participating NGOs to reiterate their call to Macedonia to strengthen its efforts to fight against torture and other forms of ill treatment. Torture in Macedonia is principally perpetrated by law enforcement agents in the context of investigations and pre-trial procedures in order to obtain evidence and is used in particular against persons belonging to ethnic minorities or to marginalized groups. These NGOs call upon Macedonian judges and public prosecutors to investigate in due time all allegations of torture and to sanction the perpetrators appropriately. To that end, measures aimed at documenting allegations of torture must be taken, among which the effective implementation of the right to see a doctor of one’s choice to every person deprived of liberty, and the automatic reporting of such allegation to the Forensic Institute.

In addition, the obligation not to accept evidence obtained under torture must be reinforced. NGOs which participated in the workshop recall that, according to national and international law, evidence, proof or declarations obtained under torture must not be used in criminal proceedings. In that respect, NGOs would recommend introducing a provision, in the Criminal Procedure Code or the Law on the Public Prosecutor requiring that all allegations of torture made in the context of a trial be investigated and that the perpetrators be sanctioned prior to the end of the criminal proceedings. Similarly, NGOs recommend that the judge of the next instance automatically and fully dismiss a criminal case if it appears that the decision was adopted on the basis of evidence extracted by torture.

Furthermore, noting the low rate of investigation and prosecution of such acts, the NGOs recommend that a fully independent external monitoring body be established to monitor law enforcement procedures and that the role of the Ombudsman be strengthened with investigation powers.

The NGOs welcome progress made on certain issues at the legislative level and hope that an effective implementation will ensue. They especially welcome the progress made towards the adoption of the Anti-discrimination Bill, which will be of great importance especially with regard to the worrying situation of ethnic minorities and women. At the same time, however, they ask that the draft law be made available to NGOs engaged in this field, to ensure a free and public discussion before the final adoption and that the questions that arise from this discussion are duly taken into consideration. Similarly, NGOs are satisfied with the adoption of the Law on the Juvenile Justice, but call for its implementation to be effective and for sufficient means be granted in that regard. Thirdly, the NGOs recommend that sufficient powers be given to the Office of the Ombudsman, which, according to the Law on the ratification of the Optional Protocol to the Convention Against Torture, is appointed to act as the national preventive mechanism, in order to ensure an independent monitoring of all places where people are deprived of their liberty, including psychiatric hospitals and institutions for persons with disabilities. It’s worth mentioning that civil society organizations and humanitarian aid organizations may act upon the mandate of the national preventive mechanism only in cooperation and with prior consent of the Ombudsman office.

Other issues of concern were addressed during this mission - particularly with the authorities - and will be followed up with attention by OMCT, ESE and CSRC. These include trafficking in women and girls, violence against women and violence against children. These issues require that the State urgently take measures aiming at raising awareness, especially on burning issues like rape of sexual workers, marital rape, corporal punishment at home or early marriages of Roma girls. Further measures to ensure the protection and rehabilitation of victims of such torture and other ill-treatments must also be urgently implemented by the State.

The NGO workshop and the meetings with State representatives and other stakeholders clearly show that major steps must be taken so that Macedonia fully complies with the Convention Against Torture. In that respect, OMCT, ESE and CSRC will continue their efforts to ensure an effective implementation by Macedonia of the Committee’s recommendations and will prepare, to that end, a follow-up report which will be submitted to CAT.

Press contact:

• OMCT : Orlane Varesano / Cécile Trochu Grasso
  
• ESE: Jasminka Friscik
  
• CSRC: Zoran Gavriloski