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State Violence in Serbia and Montenegro an Alternative Report

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State violence in Serbia and Montenegro An alternative Report to the United Nations Human Rights Committee GENEVA AND BELGRADE, 25TH JUNE 2004 1 Foreword : ...................................................................................................................... 3 PART I : STATE VIOLENCE IN SERBIA AND MONTENEGRO........ 5 1. General Background .............................................................................................. 6 2. Right to Life ............................................................................................................ 7 3. The Practice of Torture ........................................................................................ 11 4. Administrative, Judicial and Criminal Structure................................................... 13 A) Relevant Legal Structure - general provisions and ratified international treaties ......... 14 B) Restrictive Legislation ................................................................................................... 18 C) Definition of Torture Under Criminal Law ..................................................................... 19 D) Detention....................................................................................................................... 21 E) Inadmissibility of evidence obtained by torture............................................................. 22 F) Complaints and Investigation........................................................................................ 23 G) Competent Agencies .................................................................................................... 23 H) Investigatory Proceedings ............................................................................................ 25 I) Trial Stage ..................................................................................................................... 25 J) Trial practice .................................................................................................................. 25 K) Compensation............................................................................................................... 26 PART II : STATE VIOLENCE AGAINST WOMEN IN SERBIA AND MONTENEGRO ............................................................................... 29 Introduction ....................................................................................................................... 30 1. Legal and institutional issues on sexual violence................................................ 32 2. Trafficking in women ............................................................................................ 34 A) General Background ..................................................................................................... 34 B) Legal and Institutional Issues........................................................................................ 38 3. Conditions in prisons and detention facilities ...................................................... 51 PART III : STATE VIOLENCE AGAINST CHILDREN IN SERBIA AND MONTENEGRO ............................................................................... 52 Introduction: Definition of the child ................................................................................... 53 1. Torture and other ill-treatments against children................................................. 53 A) Legal framework............................................................................................................ 53 B) Complaint procedures................................................................................................... 56 2. Children in conflict with the law............................................................................ 56 A) Grounds of arrest and police custody ........................................................................... 56 B) Administration of Juvenile Justice................................................................................. 57 C) Pre-trial detention..........................................................................................................58 D) Criminal sanctions towards juvenile offenders ............................................................. 59 3. State institutions................................................................................................... 61 A) Schools ......................................................................................................................... 61 B) Institutions for education of children and youth ............................................................ 63 Recommendations............................................................................ 65 A/ General Recommendations : ....................................................................................... 65 B/ Recommendations with regard to women ................................................................... 66 C/ Recommendations with regard to children : ................................................................ 67 Annexes : ………………………………………………………………..70 2 Foreword : Writing alternative reports is one of the main activities of the OMCT and a vital source of information for the members of the Human Rights Committee. With these reports, it is possible to see the situation as objectively as possible and take a critical look at government action to eradicate torture and others cruel, inhuman or degrading treatment. Under the aegis of the European Union and the Swiss Confederation, the “Special Procedures” program presented this report on state violence and torture in the Republic of Serbia and Montenegro at the 81st session of the Human Rights Committee, This report was jointly prepared by three national human rights NGOs in collaboration with OMCT : ASTRA ASTRA is a nongovernmental organization (dedicated to preserving women’s human rights) with a stated mission of eradicating trafficking in women and girls as a specific form of violence. ASTRA’s work is based on feminist principles of support, trust and belief in women, as well as the goal of forming a society free of all forms of exploitation, violence against women, gender-based discrimination and economic and social inequalities. ASTRA’s main activities are : prevention and education, victim assistance and networking. ASTRA’s methodology has developed during the first three years of its independent existence through its practical work. Within this period, the organization has taken various actions concerning organizational activities, supervision, improvement of work, and evaluation of previous results. Due to the explorative (initial research) approach regarding the problem of trafficking in women, (ASTRA was the first organization in Serbia to deal with this problem) methodology had to develop through practice, and therefore it was susceptible to improvement and broadening. Children Rights Center The Child Rights Centre is a non-political, non-profit and non-governmental organization. Its aim is the implementation of the Convention on the Rights of the Child. This means that the CRC’s activities are focused on introducing such laws, policies and practice that enable the improvement of children's well being, protection of their rights and their full participation in society. The YuCRC was found in 1997 and is seated in Belgrade. It carries out its activities on the territory of Serbia and Montenegro in cooperation with other NGOs, institutions, children and youth, as well as interested individuals. As a result of wider cooperation and exchange, the CRC is a member of several regional and international networks and organizations. 3 Humanitarian Law Center A regional non-governmental human rights and humanitarian law organization, the Humanitarian Law Center (HLC) was founded in 1992, following the outbreak of armed conflicts in the former Yugoslavia. The HLC is based in Belgrade and has regional offices in Serbia, Kosovo (at present under UN administration), and Montenegro. Since its establishment, the HLC has conducted research into killings, disappearances, concentration camps, torture of prisoners of war, and the patterns of ethnic cleansing in times of armed conflict by interviewing witnesses, perpetrators and victims. The HLC has extensively and systematically monitored the application of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights in Serbia and Montenegro, and its attorneys represent victims of unlawful police conduct before national courts and the UN Committee against Torture. The HLC documents the state of human rights with statements given to its researchers by victims, witnesses and, wherever possible, eyewitnesses, and gathers supporting evidence such as medical reports, photographs and the like. It analyzes the prevailing practice on the basis of documented cases in the HLC archive, the response of the Serbian Ministry of Internal Affairs to complaints, media reports on police abuses, and court proceedings and judgments in cases of police torture. 4 PART I : STATE VIOLENCE IN SERBIA AND MONTENEGRO 5 1. General Background While he was in power from the early 1990s to 5 October 2000, Slobodan Milošević used the law enforcement agencies (police administration) as one of his main weapons against political opponents and, in particular, in "resolving" ethnic relations. During this period, the organization of the police force paralled that of the armed forces
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