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List of Issues Prior to Submission of the Fourth Periodic Report of the Former Yugoslav Republic of Macedonia*

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List of Issues Prior to Submission of the Fourth Periodic Report of the Former Yugoslav Republic of Macedonia* Committee against Torture List of issues prior to submission of the fourth periodic report of the Former Yugoslav Republic of Macedonia* ADVANCE UNEDITED VERSION Specific Information on the implementation of articles 1 to 16 of the Convention, including with regard to the Committee’s previous recommendations 1. In paragraph 25 of its previous concluding observations (see CAT/C/MKD/CO/3, para. 25)1 the Committee requested the former Yugoslav Republic of Macedonia to provide further information regarding areas of particular concern identified by the Committee in paragraphs 8 concerning investigations into all allegations of wrongdoing emerging from the wiretapping affair and allegations of abuse of force by officials of the State party in response to protests motivated by the revelations of official misconduct; paragraph 9 regarding the compilation of statistical data on investigations, prosecutions and convictions in cases of torture and ill-treatment, detention conditions and violence against women and ethnic and religious minorities; paragraphs 11 and 12 on impunity for acts of torture and ill- treatment by law enforcement officials and updated information on the Zuher Ibrahimov case; and on paragraph 19 (c) regarding the conditions of detention at the Gazi Baba detention centre. The Committee expresses its appreciation for the State party’s response on the issues raised provided on 6 July 2015, but considers that its recommendations have not been fully implemented (see paras. 2, 3, 5, 12 and 18, respectively, of the present document). 2. With reference to the Committee’s previous concluding observations (para. 8) concerning the so-called wiretapping affair, and in light of the follow-up information provided by the State party,2 please provide updated information on: (a) The status of the investigations that have been undertaken by the Special Public Prosecutor’s Office3 on offenses arising from the illegal interception of communications (Official Gazette of the Republic of Macedonia No. 159/2016),4 including on whether any public officials have been convicted of criminal offenses as a result. Please provide information in response to concerns raised by non-governmental organizations that the Special Public Prosecutor’s investigations have been hampered by the court’s repeated denial of pre-trial detention requests. Please provide information on measures taken to ensure that the Special Public Prosecutor’s requests for witness protection are granted; (b) Whether any criminal investigations have been initiated into allegations that police and law enforcement officials used excessive force in responding to mass demonstrations in response to the wiretapping affair, and the outcome of any disciplinary proceedings or trials in connection with these allegations. Please update the Committee on * Adopted by the Committee at its sixtieth session (18 April-12 May 2017). 1 Paragraph numbers in brackets refer to the previous concluding observations adopted by the Committee, published under the symbol CAT/C/MKD/CO/3. 2 CAT/C/MKD/CO/3/Add.1. 3 CAT/C/MKD/CO/3/Add.1, para. 3. 4 CAT/C/MKD/CO/3/Add.1, para. 1. GE.17- any investigations into allegations of excessive use of force by law enforcement personnel, as well as failure to take action to protect people, in regard to demonstrations in April 2017. 3. With reference to the Committee’s previous concluding observations expressing regret about the failure of the State party to provide requested data concerning investigations, prosecutions and convictions in cases of torture and ill-treatment, as well as of violence against women and ethnic and religious minorities (para. 9) and in light of the follow-up information provided by the State party indicating that three persons were convicted during the period 2013-2015 under article 142 of the Criminal Code for torture and other cruel, inhuman or degrading treatment and punishment and that 32 persons were convicted under Article 143 for harassment while performing duty,5 please compile and provide comprehensive statistical data on investigations, prosecutions, convictions and sanctions in cases of torture and ill-treatment during the reporting period.6 4. With reference to the Committee’s previous concluding observations expressing serious concern at penitentiary conditions and high rates of illegitimate use of force and inter-prisoner violence (para. 10) and in light of the follow-up information provided by the State party and the Ombudsman, please provide information on: (a) Updated information on the number of complaints of misconduct against inmates received by the State party’s authorities during the period under review, the number of resulting investigations and whether these led to criminal or disciplinary penalties; and other information relevant to the realization of Strategic Goal No. 7 of the “National Strategy for the Development of the Penitentiary System in the Republic of Macedonia (2015-2019)”, to establish more effective mechanisms to deal with cases of ill- treatment of convicted prisoners and minors, including improving standards of conduct of prison staff, enhancing the zero tolerance policy for misconduct and corruption, reporting of cases of misconduct and information and awareness-raising campaigns.7 Please also provide updated information on whether the three prison guards found to have used excessive force against detainees in 2014 received further punishment beyond the disciplinary penalties described in the State party’s follow-up report;8 (b) Data on the number of incidents of inter-prisoner violence documented in the State party during the period under review, disaggregated by detention facility, and data on any punishments handed down to perpetrators of inter-prisoner violence, as well as other information relevant to the realization of Strategic Goal No. 6 of the “National Strategy for the Development of the Penitentiary System in the Republic of Macedonia (2015-2019)” concerning the establishment of effective mechanisms for dealing with violence among prisoners and other disturbances,9 including information on the training provided to prison staff with regard to dealing with violent behaviour of prisoners and intervening in cases of riot or disturbance in prison facilities, and information on how the impact of the training is assessed;10 (c) Updated information on the implementation of the “Project for Reconstruction of Correctional Institutions in the Republic of Macedonia”,11 and on other measures to improve material conditions in the Idrizovo, Skopje, Kumanovo, Ohrid and Tetovo prisons, the remand sections of the Skopje, Ohrid, Kumanovo and Tetovo prisons 5 CAT/C/MKD/CO/3/Add.1, para. 7. 6 CAT/C/MKD/CO/3, para. 9. 7 CAT/C/MKD/CO/3/Add.1, para. 20. 8 CAT/C/MKD/CO/3/Add.1, para. 11. 9 CAT/C/MKD/CO/3/Add.1, para. 14. 10 CAT/C/MKD/CO/3/Add.1, para. 14. 11 CAT/C/MKD/CO/3/Add.1, para. 15. 2 and on any measures to improve the reportedly appalling conditions in the detention cells of the Kičevo and Ohrid police stations, including the absence of light and appropriate heating and ventilation, as well as places of remand detention in Skopje, Bitola and Prilep prisons; (d) Data on occupancy rates and capacity of the State party’s detention facilities in the State party in response to reports received by the Committee of severe overcrowding, for example that facilities for convicted prisoners are filled at 147 percent of capacity; (e) Information on progress in the State party’s adoption of alternatives to detention12 including the impact on detention rates of the adoption of the Law on Probation (Official Gazette of the Republic of Macedonia No. 226 of 25 December 2015)13 and data on the frequency of use of electronic monitoring equipment; (f) Data on measures taken in response to complaints of inter-prisoner violence, including actions to protect complainants from reprisals and information on the number of complaints resulting in disciplinary or criminal measures against prison personnel for failure to act on such complaints. 5. With reference to the Committee’s previous concluding observations expressing regret that no persons were prosecuted or convicted for the crime of torture between 2009 and 2013, despite the filing of many complaints the Ombudsman and the Unit for Internal control, criminal investigations, and professional standards (para. 11), and in light of the follow-up information provided by the State party, please provide the following information: (a) Updated data on the number of complaints of ill-treatment by police officers received by the Unit for Internal control, criminal investigations, and professional standards in the Ministry of Interior during the reporting period, the number of cases that resulted in prosecutions and the charges in each case, the number of such cases that resulted in convictions, and the sentences in any case of conviction;14 (b) Information on whether the State party has established or is taking any measures to establish an independent external oversight mechanism of police work, as indicated in the State party’s follow-up report;15 (c) Data on the number of individuals serving suspended sentences for violating article 142 of the Criminal Code, and information on any measures the State party is taking to ensure that individuals convicted of torture are sentenced to terms of imprisonment commensurate with the gravity of the offense of torture. 6. With reference to the Committee’s previous concluding observations (para. 13), please provide data on the number of complaints received during the reporting period and information on investigations and prosecutions of acts of violence16 committed against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons,17 including the attacks against the LGBTI Support Centre in Skopje, please also provide information on efforts to ensure that prosecutions take into consideration any discriminatory motives, that adequate training is provided to law enforcement personnel. 7. With reference to the Committee’s previous concluding observations (para. 14), please provide information on the number of complaints received during the period under 12 CCPR/C/MKD/CO/3, para.
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