CROATIA
Follow‑up ‑ State Reporting
(i) Action by Treaty Bodies
CAT, A/60/44 (2005)
...
CHAPTER IV. FOLLOW-UP ON RECOMMENDATIONS AND OBSERVATIONS ON STATES PARTIES REPORTS
115. At its thirtieth session, in May 2003, the Committee began a routine practice of identifying, at the end of each set of concluding observations, a limited number of recommendations that are of a serious nature and warrant a request for additional information following the dialogue with the State party concerning its periodic report. The Committee identifies conclusions and recommendations regarding the reports of States parties which are serious, can be accomplished in a one-year period, and are protective. The Committee has requested those States parties reviewed since the thirtieth session of the Committee to provide the information sought within one year.
...
118. The Rapporteur has welcomed the follow-up information provided by six States parties as of 20 May 2005, when its thirty-fourth session concluded, indicating the commitment of the States parties to an ongoing process of dialogue and cooperation aimed at enhancing compliance with the requirements of the Convention. The documentation received will be given a document number and made public. The Rapporteur has assessed the responses received particularly as to whether all of the items designated by the Committee for follow-up (normally between three and five issues) have been addressed, whether the information provided is responsive, and whether further information is required.
119. With regard to the States parties that have not supplied the information requested, the Rapporteur will write to solicit the outstanding information. The chart below details, as of 20 May 2005, the conclusion of the Committee=s thirty-fourth session, the status of follow-up replies to concluding observations since the practice was initiated. As of that date, the replies from seven States parties remained outstanding.
120. As the Committee=s mechanism for monitoring follow-up to concluding observations was established in May 2003, this chart describes the results of this procedure from its initiation until the close of the thirty-fourth session in May 2005.
|
State party |
Date due |
Date reply received |
Further action taken/required |
|
... |
|
|
|
|
Croatia |
May 2005 |
|
Reminder to State party |
...
CAT, A/61/44 (2006)
...
CHAPTER IV. FOLLOW‑UP ON CONCLUSIONS AND RECOMMENDATIONS ON STATES PARTIES REPORTS
38. In Chapter IV of its annual report for 2004‑2005 (A/60/44), the Committee described the framework that it had developed to provide for follow‑up subsequent to the adoption of the concluding observations on States parties reports submitted under article 19 of the Convention. It also presented information on the Committee=s experience in receiving information from States parties from the initiation of the procedure in May 2003 through May 2005. This chapter updates the Committee=s experience to 19 May 2006, the end of its thirty‑sixth session.
39. In accordance with rule 68, paragraph 2, of the rules of procedure, the Committee established the post of Rapporteur for follow‑up to concluding observations under article 19 of the Convention and appointed Ms. Felice Gaer to that position. As in the past, Ms. Gaer presented a progress report to the Committee in May 2006 on the results of the procedure.
40. The Rapporteur has emphasized that the follow‑up procedure aims Ato make more effective the struggle against torture and other cruel, inhuman and degrading treatment or punishment,@ as articulated in the preamble to the Convention. At the conclusion of the Committee=s review of each State party report, the Committee identifies concerns and recommends specific actions designed to enhance each State party=s ability to implement the measures necessary and appropriate to prevent acts of torture and cruel treatment, and thereby assists States parties in bringing their law and practice into full compliance with the obligations set forth in the Convention.
41. Since its thirtieth session in May 2003, the Committee began the practice of identifying a limited number of these recommendations that warrant a request for additional information following the review and discussion with the State party concerning its periodic report. Such Afollow‑up@ recommendations are identified because they are serious, protective, and are considered able to be accomplished within one year. The States parties are asked to provide within one year information on the measures taken to give effect to its Afollow‑up recommendations@ which are specifically noted in a paragraph near the end of the conclusions and recommendations on the review of the States parties= report under article 19.
42. Since the procedure was established at the thirtieth session in May 2003 through the end of the thirty‑sixth session in May 2006, the Committee has reviewed 39 States for which it has identified follow‑up recommendations. Of the 19 States parties that were due to have submitted their follow‑up reports to the Committee by 1 May 2006, 12 had completed this requirement (Argentina, Azerbaijan, Czech Republic, Colombia, Germany, Greece, Latvia, Lithuania, Morocco, New Zealand, United Kingdom, and Yemen). As of May, seven States had failed to supply follow‑up information that had fallen due (Bulgaria, Cambodia, Cameroon, Chile, Croatia, Moldova, Monaco), and each was sent a reminder of the items still outstanding and requesting them to submit information to the Committee.
43. With this procedure, the Committee seeks to advance the Convention=s requirement that Aeach State party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture Y@ (art. 2, para. 1) and the undertaking Ato prevent Y other acts of cruel, inhuman and degrading treatment or punishment Y@ (art. 16).
44. The Rapporteur has expressed appreciation for the information provided by States parties regarding those measures taken to implement their obligations under the Convention. In addition, she has assessed the responses received as to whether all of the items designated by the Committee for follow‑up (normally between three to six recommendations) have been addressed, whether the information provided responds to the Committee=s concern, and whether further information is required. Where further information is needed, she writes to the State party concerned with specific requests for further clarification. With regard to States that have not supplied the follow‑up information at all, she writes to solicit the outstanding information.
45. Each letter responds specifically and in detail to the information presented by the State party, which is given a formal United Nations document symbol number.
46. Since the recommendations to each State party are crafted to reflect the specific situation in that country, the follow‑up responses from the States parties and letters from the Rapporteur requesting further clarification address a wide array of topics. Among those addressed in the letters sent to States parties requesting further information have been a number of precise matters seen as essential to the implementation of the recommendation in question. A number of issues have been highlighted to reflect not only the information provided, but also the issues not addressed but which are deemed essential in the Committee=s ongoing work in order to be effective in taking preventive and protective measures to eliminate torture and ill‑treatment.
...
48. The chart below details, as of 19 May 2006, the end of the Committee=s thirty‑sixth session, the state of the replies with respect to follow‑up.
A. Follow‑up reply due before 1 May 2006
|
State party |
Date due |
Date reply received |
Document symbol number |
Further action taken/required |
|
... |
|
|
|
|
|
Croatia |
May 2005 |
- |
|
Reminder to State party |
|
... |
|
|
|
|
CAT, A/62/44 (2007)
...
IV. FOLLOW UP ON CONCLUSIONS AND RECOMMENDATIONS ON STATES PARTIES REPORTS
46. In Chapter IV of its annual report for 2005 2006 (A/61/44), the Committee described the framework that it had developed to provide for follow up subsequent to the adoption of the conclusions and recommendations on States parties reports submitted under article 19 of the Convention. It also presented information on the Committee=s experience in receiving information from States parties from the initiation of the procedure in May 2003 through May 2006. This chapter updates the Committee=s experience to 18 May 2007, the end of its thirty eighth session.
47. In accordance with rule 68, paragraph 2, of the rules of procedure, the Committee established the post of Rapporteur for follow up to conclusions and recommendations under article 19 of the Convention and appointed Ms. Felice Gaer to that position. As in the past, Ms. Gaer presented a progress report to the Committee in May 2007 on the results of the procedure.
48. The Rapporteur has emphasized that the follow up procedure aims Ato make more effective the struggle against torture and other cruel, inhuman and degrading treatment or punishment@, as articulated in the preamble to the Convention. At the conclusion of the Committee=s review of each State party report, the Committee identifies concerns and recommends specific actions designed to enhance each State party=s ability to implement the measures necessary and appropriate to prevent acts of torture and cruel treatment, and thereby assists States parties in bringing their law and practice into full compliance with the obligations set forth in the Convention.
49. Since its thirtieth session in May 2003, the Committee began the practice of identifying a limited number of these recommendations that warrant a request for additional information following the review and discussion with the State party concerning its periodic report. Such Afollow up@ recommendations are identified because they are serious, protective, and are considered able to be accomplished within one year. The States parties are asked to provide within one year information on the measures taken to give effect to its Afollow up recommendations@ which are specifically noted in a paragraph near the end of the conclusions and recommendations on the review of the States parties= reports under article 19.
50. Since the procedure was established at the thirtieth session in May 2003, through the end of the thirty eighth session in May 2007 the Committee has reviewed 53 States for which it has identified follow up recommendations. Of the 39 States parties that were due to have submitted their follow up reports to the Committee by 18 May 2007, 25 had completed this requirement (Albania, Argentina, Austria, Azerbaijan, Bahrain, Canada, Chile, Czech Republic, Colombia, Croatia, Ecuador, Finland, France, Germany, Greece, Latvia, Lithuania, Monaco, Morocco, New Zealand, Qatar, Sri Lanka, Switzerland, United Kingdom and Yemen). As of 18 May, 14 States had not yet supplied follow up information that had fallen due (Bulgaria, Bosnia and Herzegovina, Cambodia, Cameroon, Democratic Republic of the Congo, Georgia, Guatemala, Republic of Korea, Moldova, Nepal, Peru, Togo, Uganda and United States of America). In March 2007, the Rapporteur sent a reminder requesting the outstanding information to each of the States whose follow up information was due in November 2006, but had not yet been submitted, and who had not previously been sent a reminder.
51. The Rapporteur noted that 14 follow up reports had fallen due since the previous annual report (A/61/44). However, only 4 (Austria, Ecuador, Qatar and Sri Lanka) of these 14 States had submitted the follow up information in a timely manner. Despite this, she expressed the view that the follow up procedure had been remarkably successful in eliciting valuable additional information from States on protective measures taken during the immediate follow up to the review of the periodic reports. While comparatively few States had replied precisely on time, 19 of the 25 respondents had submitted the information on time or within a matter of one to four months following the due date. Reminders seemed to help elicit many of these responses. The Rapporteur also expressed appreciation to non governmental organizations, many of whom had also encouraged States parties to submit follow up information in a timely way.
52. Through this procedure, the Committee seeks to advance the Convention=s requirement that Aeach State party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture Y@ (art. 2, para. 1) and the undertaking Ato prevent Y other acts of cruel, inhuman and degrading treatment or punishment Y@ (art. 16).
53. The Rapporteur has expressed appreciation for the information provided by States parties regarding those measures taken to implement their obligations under the Convention. In addition, she has assessed the responses received as to whether all the items designated by the Committee for follow up (normally between three and six recommendations) have been addressed, whether the information provided responds to the Committee=s concern, and whether further information is required. Each letter responds specifically and in detail to the information presented by the State party. Where further information is needed, she writes to the State party concerned with specific requests for further clarification. With regard to States that have not supplied the follow up information at all, she writes to solicit the outstanding information.
54. At its thirty eighth session in May, the Committee decided to make public the Rapporteur=s letters to the States parties. These would be assigned a United Nations document symbol number and placed on the web page of the Committee. The Committee further decided to assign a United Nations document symbol number to all States parties= replies (these symbol numbers are under consideration) to the follow up and also place them on its website.
55. Since the recommendations to each State party are crafted to reflect the specific situation in that country, the follow up responses from the States parties and letters from the Rapporteur requesting further clarification address a wide array of topics. Among those addressed in the letters sent to States parties requesting further information have been a number of precise matters seen as essential to the implementation of the recommendation in question. A number of issues have been highlighted to reflect not only the information provided, but also the issues that have not been addressed but which are deemed essential to the Committee=s ongoing work, in order to be effective in taking preventive and protective measures to eliminate torture and ill treatment.
...
57. The chart below details, as of 18 May 2007, the end of the Committee=s thirty eighth session, the state of the replies with respect to follow up.
Follow up procedure to conclusions and recommendations from May 2003 to May 2007
...
Thirty second session (May 2004)
|
State party |
Information due in |
Information received |
Action taken |
|
... |
|
|
|
|
Croatia |
May 2005 |
12 July 2006 CAT/C/HRV/CO/3/Add.1 |
Reminder Response under review |
|
... |
|
|
|
CAT, A/63/44 (2008)
...
CHAPTER IV. FOLLOW‑UP ON CONCLUSIONS AND RECOMMENDATIONS
ON STATES PARTIES REPORTS
46. In this chapter, the Committee updates its findings and activities that follow‑up on the conclusions and recommendations adopted under article 19 of the Convention, in accordance with the recommendations of its Rapporteur on Follow‑Up to Country conclusions. The Rapporteur=s activities, responses by States parties, and the Rapporteur=s views on recurring concerns encountered through this procedure are presented below, and updated to through May 2008, following the Committee=s fortieth session.
47. In chapter IV of its annual report for 2005‑2006 (A/61/44), the Committee described the framework that it had developed to provide for follow‑up subsequent to the adoption of the conclusions and recommendations on States parties reports submitted under article 19 of the Convention. It also presented information on the Committee=s experience in receiving information from States parties from the initiation of the procedure in May 2003 through May 2008.
48. In accordance with rule 68, paragraph 2, of the rules of procedure, the Committee established the post of Rapporteur for follow‑up to conclusions and recommendations under article 19 of the Convention and appointed Ms. Felice Gaer to that position. As in the past, Ms. Gaer presented a progress report to the Committee in May 2008 on the results of the procedure.
49. The Rapporteur has emphasized that the follow‑up procedure aims Ato make more effective the struggle against torture and other cruel, inhuman and degrading treatment or punishment@, as articulated in the preamble to the Convention. At the conclusion of the Committee=s review of each State party report, the Committee identifies concerns and recommends specific actions designed to enhance each State party=s ability to implement the measures necessary and appropriate to prevent acts of torture and cruel treatment, and thereby assists States parties in bringing their law and practice into full compliance with the obligations set forth in the Convention.
50. In its follow‑up procedure, the Committee has identified a number of these recommendations as requiring additional information specifically for this procedure. Such follow‑up recommendations are identified because they are serious, protective, and are considered able to be accomplished within one year. The States parties are asked to provide within one year information on the measures taken to give effect to its follow‑up recommendations which are specifically noted in a paragraph near the end of the conclusions and recommendations on the review of the States parties= reports under article 19.
51. Since the procedure was established at the thirtieth session in May 2003, through the end of the fortieth session in May 2008, the Committee has reviewed 67 States for which it has identified follow‑up recommendations. Of the 53 States parties that were due to have submitted their follow‑up reports to the Committee by 16 May 2008, 33 had completed this requirement (Albania, Argentina, Austria, Azerbaijan, Bahrain, Bosnia and Herzegovina, Canada, Chile, Czech Republic, Colombia, Croatia, Ecuador, Finland, France, Georgia, Germany, Greece, Guatemala, Hungary, Republic of Korea, Latvia, Lithuania, Monaco, Morocco, Nepal, New Zealand, Qatar, Russian Federation, Sri Lanka, Switzerland, United Kingdom of Great Britain and Northern Ireland, United States of America and Yemen). As of 16 May, 20 States had not yet supplied follow‑up information that had fallen due (Bulgaria, Burundi, Cambodia, Cameroon, Democratic Republic of the Congo, Denmark, Guyana, Italy, Japan, Luxembourg, Mexico, Moldova, the Netherlands, Peru, Poland, South Africa, Tajikistan, Togo, Uganda and Ukraine). In March 2008, the Rapporteur sent a reminder requesting the outstanding information to each of the States whose follow‑up information was due in November 2007, but had not yet been submitted, and who had not previously been sent a reminder.
52. The Rapporteur noted that 14 follow‑up reports had fallen due since the previous annual report.3 However, only 2 (Hungary and the Russian Federation) of these 14 States had submitted the follow‑up information in a timely manner. Despite this, she expressed the view that the follow‑up procedure had been remarkably successful in eliciting valuable additional information from States on protective measures taken during the immediate follow‑up to the review of the periodic reports. While comparatively few States had replied precisely on time, 25 of the 33 respondents had submitted the information on time or within a matter of one to four months following the due date. Reminders seemed to help elicit many of these responses. The Rapporteur also expressed appreciation to non‑governmental organizations, many of whom had also encouraged States parties to submit follow‑up information in a timely way.
53. Through this procedure, the Committee seeks to advance the Convention=s requirement that Aeach State party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture Y@ (art. 2, para. 1) and the undertaking Ato prevent Y other acts of cruel, inhuman and degrading treatment or punishment Y@ (art. 16).
54. The Rapporteur expressed appreciation for the information provided by States parties regarding those measures taken to implement their obligations under the Convention. In addition, she has assessed the responses received as to whether all the items designated by the Committee for follow‑up (normally between three and six recommendations) have been addressed, whether the information provided responds to the Committee=s concern, and whether further information is required. Each letter responds specifically and in detail to the information presented by the State party. Where further information has been needed, she has written to the concerned State party with specific requests for further clarification. With regard to States that have not supplied the follow‑up information at all, she requests the outstanding information.
55. At its thirty‑eighth session in May 2007, the Committee decided to make public the Rapporteur=s letters to the States parties. These would be placed on the web page of the Committee. The Committee further decided to assign a United Nations document symbol number to all States parties= replies to the follow‑up and also place them on its website (http://www2.ohchr.org/english/bodies/cat/sessions.htm).
56. Since the recommendations to each State party are crafted to reflect the specific situation in that country, the follow‑up responses from the States parties and letters from the Rapporteur requesting further clarification address a wide array of topics. Among those addressed in the letters sent to States parties requesting further information have been a number of precise matters seen as essential to the implementation of the recommendation in question. A number of issues have been highlighted to reflect not only the information provided, but also the issues that have not been addressed but which are deemed essential to the Committee=s ongoing work, in order to be effective in taking preventive and protective measures to eliminate torture and ill‑treatment.
...
58. The chart below details, as of 16 May 2008, the end of the Committee=s fortieth session, the state of the replies with respect to follow‑up.
_______________________
3/ Official Records of the General Assembly, Sixty‑second Session, Supplement No. 44 (A/62/44).
Follow‑up procedure to conclusions and recommendations
from May 2003 to May 2008
...
Thirty‑second session (May 2004)
|
State party |
Information due in |
Information received |
Action taken |
|
... |
|
|
|
|
Croatia |
May 2005 |
12 July 2006 CAT/C/HRV/CO/3/Add.1 |
Request for further clarification |
|
... |
|
|
|
...
CAT, A/64/44 (2009)
IV. FOLLOW UP ON CONCLUDING OBSERVATIONS ON STATES PARTIES REPORTS
53. In this chapter, the Committee updates its findings and activities that follow‑up to concluding observations adopted under article 19 of the Convention, in accordance with the recommendations of its Rapporteur on follow‑up to concluding observations. The Rapporteur's activities, responses by States parties, and the Rapporteur's views on recurring concerns encountered through this procedure are presented below, and updated through 15 May 2009, following the Committee's forty‑second session.
54. In chapter IV of its annual report for 2005‑2006 (A/61/44), the Committee described the framework that it had developed to provide for follow‑up subsequent to the adoption of the concluding observations on States parties reports submitted under article 19 of the Convention. It also presented information on the Committee's experience in receiving information from States parties from the initiation of the procedure in May 2003 through May 2009.
55. In accordance with rule 68, paragraph 2, of the rules of procedure, the Committee established the post of Rapporteur for follow up to concluding observations under article 19 of the Convention and appointed Ms. Felice Gaer to that position. As in the past, Ms. Gaer presented a progress report to the Committee in May 2009 on the results of the procedure.
56. The Rapporteur has emphasized that the follow up procedure aims "to make more effective the struggle against torture and other cruel, inhuman and degrading treatment or punishment", as articulated in the preamble to the Convention. At the conclusion of the Committee's review of each State party report, the Committee identifies concerns and recommends specific actions designed to enhance each State party's ability to implement the measures necessary and appropriate to prevent acts of torture and ill‑treatment, and thereby assists States parties in bringing their law and practice into full compliance with the obligations set forth in the Convention.
57. In its follow‑up procedure, the Committee has identified a number of these recommendations as requiring additional information specifically for this procedure. Such follow‑up recommendations are identified because they are serious, protective, and are considered able to be accomplished within one year. The States parties are asked to provide within one year information on the measures taken to give effect to its follow‑up recommendations which are specifically noted in a paragraph near the end of the conclusions and recommendations on the review of the States parties' reports under article 19.
58. Since the procedure was established at the thirtieth session in May 2003, through the end of the forty‑second session in May 2009, the Committee has reviewed 81 States for which it has identified follow up recommendations. Of the 67 States parties that were due to have submitted their follow up reports to the Committee by 15 May 2009, 44 had completed this requirement. As of 15 May 2009, 23 States had not yet supplied follow up information that had fallen due. The Rapporteur sends reminders requesting the outstanding information to each of the States whose follow up information was due, but had not yet been submitted, and who had not previously been sent a reminder. The status of the follow‑up to concluding observations may be found in the web pages of the Committee (http://www2.ohchr.org/english/bodies/cat/ sessions.htm).
59. The Rapporteur noted that 14 follow up reports had fallen due since the previous annual report. However, only 4 (Algeria, Estonia, Portugal and Uzbekistan) of these 14 States had submitted the follow up information in a timely manner. Despite this, she expressed the view that the follow up procedure had been remarkably successful in eliciting valuable additional information from States on protective measures taken during the immediate follow up to the review of the periodic reports. One State party (Montenegro) had already submitted information which was due only in November 2009. While comparatively few States had replied precisely on time, 34 of the 44 respondents had submitted the information on time or within a matter of one to four months following the due date. Reminders seemed to help elicit many of these responses. The Rapporteur also expressed appreciation to non governmental organizations, many of whom had also encouraged States parties to submit follow up information in a timely way.
60. Through this procedure, the Committee seeks to advance the Convention's requirement that "each State party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture Y" (art. 2, para. 1) and the undertaking "to prevent Y other acts of cruel, inhuman and degrading treatment or punishment Y" (art. 16).
61. The Rapporteur expressed appreciation for the information provided by States parties regarding those measures taken to implement their obligations under the Convention. In addition, she has assessed the responses received as to whether all the items designated by the Committee for follow up (normally between three and six recommendations) have been addressed, whether the information provided responds to the Committee's concern, and whether further information is required. Each letter responds specifically and in detail to the information presented by the State party. Where further information has been needed, she has written to the concerned State party with specific requests for further clarification. With regard to States that have not supplied the follow up information at all, she requests the outstanding information.
62. At its thirty eighth session in May 2007, the Committee decided to make public the Rapporteur's letters to the States parties. These would be placed on the web page of the Committee. The Committee further decided to assign a United Nations document symbol number to all States parties' replies to the follow up and also place them on its website (http://www2.ohchr.org/english/bodies/cat/sessions.htm).
63. Since the recommendations to each State party are crafted to reflect the specific situation in that country, the follow up responses from the States parties and letters from the Rapporteur requesting further clarification address a wide array of topics. Among those addressed in the letters sent to States parties requesting further information have been a number of precise matters seen as essential to the implementation of the recommendation in question. A number of issues have been highlighted to reflect not only the information provided, but also the issues that have not been addressed but which are deemed essential to the Committee's ongoing work, in order to be effective in taking preventive and protective measures to eliminate torture and ill treatment.
...
65. The chart below details, as of 15 May 2009, the end of the Committee's forty‑second session, the state of the replies with respect to follow up.
Follow‑up procedure to conclusions and recommendations from May 2003 to May 2009
...
Thirty‑second session (May 2004)
|
State party |
Information due in |
Information received |
Action taken |
|
... |
|
|
|
|
Croatia |
May 2005 |
12 July 2006 CAT/C/HRV/CO/3/Add.1 |
Request for further clarification |
|
... |
|
|
|
...
CAT, A/65/44 (2010)
Chapter IV. Follow-up to concluding observations on States parties= reports
65. In this chapter, the Committee updates its findings and activities that constitute follow-up to concluding observations adopted under article 19 of the Convention, in accordance with the procedure established on follow-up to concluding observations. The follow-up responses by States parties, and the activities of the Rapporteur for follow-up to concluding observations under article 19 of the Convention, including the Rapporteur=s views on the results of this procedure, are presented below. This information is updated through 14 May 2010, the end of the Committee=s forty-fourth session.
66. In chapter IV of its annual report for 2005-2006 (A/61/44), the Committee described the framework that it had developed to provide for follow-up subsequent to the adoption of the concluding observations on States parties reports submitted under article 19 of the Convention. In that report and each year thereafter, the Committee has presented information on its experience in receiving information on follow-up measures taken by States parties since the initiation of the procedure in May 2003.
67. In accordance with rule 68, paragraph 2, of the rules of procedure, the Committee established the post of Rapporteur for follow-up to concluding observations under article 19 of the Convention and appointed Ms. Felice Gaer to that position. In November 2009 and May 2010, the Rapporteur presented a progress report to the Committee on the results of the procedure.
68. At the conclusion of the Committee=s review of each State party report, the Committee identifies concerns and recommends specific measures to prevent acts of torture and ill-treatment. Thereby, the Committee assists States parties in identifying effective legislative, judicial, administrative and other measures to bring their laws and practice into full compliance with the obligations set forth in the Convention.
69. In its follow-up procedure, the Committee has identified a number of these recommendations as requiring additional information within one year. Such follow-up recommendations are identified because they are serious, protective and are considered able to be accomplished within one year. The States parties are asked to provide information within one year on the measures taken to give effect to the follow-up recommendations. In the concluding observations on each State party report, the recommendations requiring follow-up within one year are specifically identified in a paragraph at the end of the concluding observations.
70. Since the procedure was established at the thirtieth session in May 2003, through the end of the forty-fourth session in May 2010, the Committee has reviewed 95 reports from States parties for which it has identified follow-up recommendations. It must be noted that periodic reports of Chile, Latvia, Lithuania and New Zealand have been examined twice by the Committee since the establishment of the follow-up procedure. Of the 81 States parties that were due to have submitted their follow-up reports to the Committee by 14 May 2010, 57 had completed this requirement. As of 14 May 2010, 24 States had not yet supplied follow-up information that had fallen due: Republic of Moldova, Cambodia, Cameroon, Bulgaria, Uganda, Democratic Republic of the Congo, Peru, Togo, Burundi, South Africa, Tajikistan, Luxembourg, Benin, Costa Rica, Indonesia, Zambia, Lithuania (to the 2009 concluding observations), Chad, Chile, Honduras, Israel, New Zealand, Nicaragua and the Philippines.
71. The Rapporteur sends reminders requesting the outstanding information to each of the States for which follow-up information is due, but not yet submitted. The status of the follow-up to concluding observations may be found in the web pages of the Committee at each of the respective sessions. As of 2010, the Committee has established a separate web page for follow-up (http://www2.ohchr.org/english/bodies/cat/follow-procedure.htm).
72. Of the 24 States parties that did not submit any information under the follow-up procedure as of 14 May 2010, non-respondents came from all world regions. While about one-third had reported for the first time, two-thirds were reporting for a second, third or even fourth time.
73. The Rapporteur expresses appreciation for the information provided by States parties regarding those measures taken to implement their obligations under the Convention. In addition, she has assessed the responses received as to whether all the items designated by the Committee for follow-up (normally between three and six recommendations) have been addressed, whether the information provided responds to the Committee=s concern, and whether further information is required. Each letter responds specifically and in detail to the information presented by the State party. Where further information has been needed, she has written to the concerned State party with specific requests for further clarification. With regard to States that have not supplied the follow-up information at all, she requests the outstanding information.
74. At its thirty-eighth session in May 2007, the Committee decided to make public the Rapporteur=s letters to the States parties which are posted on the web page of the Committee. The Committee further decided to assign a United Nations document symbol number to all States parties= replies to the follow-up and also place them on its website.
75. Since the recommendations to each State party are crafted to reflect the specific situation in that country, the follow-up responses from the States parties and letters from the Rapporteur requesting further clarification address a wide array of topics. Among those addressed in the letters sent to States parties requesting further information have been a number of precise matters seen as essential to the implementation of the recommendation in question. A number of issues have been highlighted to reflect not only the information provided, but also the issues that have not been addressed but which are deemed essential to the Committee=s ongoing work, in order to be effective in taking preventive and protective measures to eliminate torture and ill-treatment.
76. Among the Rapporteur=s activities in the past year, have been the following: attending the inter-committee meetings in Geneva where follow-up procedures were discussed with members from other treaty bodies, and it was decided to establish a working group on follow-up; addressing the Committee on the Elimination of Discrimination against Women at its August 2009 meeting in New York concerning aspects of the follow-up procedure; assessing responses from States parties and preparing follow-up letters to countries as warranted and updating the information collected from the follow-up procedure.
77. Additionally, the Rapporteur initiated a study of the Committee=s follow-up procedure, beginning with an examination of the number and nature of topics identified by the Committee in its requests to States parties for follow-up information. She reported to the Committee on some preliminary findings, in November 2009 and later in May 2010, and specifically presented charts showing that the number of topics designated for follow-up has substantially increased since the thirty-fifth session. Of the 87 countries examined as of the forty-third session (November 2009), one to three paragraphs were designated for follow-up for 14 States parties, four or five such topics were designated for 38 States parties, and six or more paragraphs were designated for 35 States parties. The Rapporteur drew this trend to the attention of the members of the Committee and it was agreed in May 2010 that, whenever possible, efforts would henceforth be made to limit the number of follow-up items to a maximum of five paragraphs.
78. The Rapporteur also found that certain topics were more commonly raised as a part of the follow up procedure than others. Specifically, for all State parties reviewed since the follow-up procedure began, the following topics were most frequently designated:
Ensure prompt, impartial and effective investigation(s) 76 per cent
Prosecute and sanction persons responsible for abuses 61 per cent
Guarantee legal safeguards 57 per cent
Enable right to complain and have cases examined 43 per cent
Conduct training, awareness-raising 43 per cent
Ensure interrogation techniques in line with the Convention 39 per cent
Provide redress and rehabilitation 38 per cent
End gender-based violence, ensure protection of women 34 per cent
Ensure monitoring of detention facilities/visit by independent body 32 per cent
Carry out data collection on torture and ill-treatment 30 per cent
Improve condition of detention, including overcrowding 28 per cent
79. In the correspondence with States parties, the Rapporteur has noted recurring concerns which are not fully addressed in the follow-up replies and her concerns (illustrative, not comprehensive) have been included in prior annual reports. To summarize them, she finds there is considerable value in having more precise information being provided, e.g. lists of prisoners, details on deaths in detention and forensic investigations.
80. As a result of numerous exchanges with States parties, the Rapporteur has observed that there is need for more vigorous fact-finding and monitoring in many States parties. In addition, there is often inadequate gathering and analysing of police and criminal justice statistics. When the Committee requests such information, States parties frequently do not provide it. The Rapporteur further considers that conducting prompt, thorough and impartial investigations into allegations of abuse is of great protective value. This is often best undertaken through unannounced inspections by independent bodies. The Committee has received documents, information and complaints about the absence of such monitoring bodies, the failure of such bodies to exercise independence in carrying out their work or to implement recommendations for improvement.
81. The Rapporteur has also pointed to the importance of States parties providing clear-cut instructions on the absolute prohibition of torture as part of the training of law-enforcement and other relevant personnel. States parties need to provide information on the results of medical examinations and autopsies, and to document signs of torture, especially including sexual violence. States parties also need to instruct personnel on the need to secure and preserve evidence. The Rapporteur has found many lacunae in national statistics, including on penal and disciplinary action against law-enforcement personnel. Accurate record keeping, covering the registration of all procedural steps of detained persons, is essential and requires greater attention. All such measures contribute to safeguard the individual against torture or other forms of ill-treatment, as set forth in the Convention.
82. The chart below details, as of 14 May 2010, the end of the Committee=s forty-fourth session, the replies with respect to follow-up. This chart also includes States parties= comments to concluding observations, if any.
Follow-up procedure to concluding observations from May 2003 to May 2010
...
Thirty‑second session (May 2004)
|
State party |
Information due in |
Information received |
Action taken |
|
... |
|
|
|
|
Croatia |
May 2005 |
16 February 2009 CAT/C/HRV/CO/3/Add.2
12 July 2006 CAT/C/HRV/CO/3/Add.1 |
Reminder
Request for further clarification
Information under review |
|
... |
|
|
|
...
(ii) Action by State party
CAT, CAT/C/HRV/CO/3/1Add.1 (2006)
Comments by the Government of Croatia to the conclusions and recommendations of the Committee against Torture
[12 July 2006]
1. The Ministry of Foreign Affairs and European Integration of the Republic of Croatia presents its compliments to the Office of the United Nations High Commissioner for Human Rights and pursuant to the question of Felice D. Gaer, Rapporteur for Follow-up on conclusions and Recommendations of the Committee against Torture dated 17 February 2006, has the honour to provide further information regarding areas of particular concern identified by the Committee in paragraph 9(a), (b), (f), (n) and (p) as follows:
9(a)
2. For the criminal offence as stated in Article 176 of the Criminal Code (Torture and Other Cruel, Inhuman and Degrading Treatment), with the intention of detecting, investigating, processing and appropriately criminally sanctioning, the State Attorney Office undertakes specific measures from within its competence as stated in the Law on the State Attorney Office and the Criminal Procedure Act.
3. In case of the aforementioned criminal offence the State Attorney Office institutes and directs ex officio criminal proceedings. The State Attorney conducts investigations himself and gathers the necessary information, which does not delay the course of the pre-trail procedure, avoiding the redundant correspondence with other state authorities that can provide the required date and conduct investigations during the preliminary criminal procedure.
4. However, when the State Attorney cannot gather the necessary information and evidence during his/her investigation on the basis of which could conclude whether there exists a grounded suspicion to initiate criminal proceedings by immediately bringing charges, then he will request the police to gather the necessary information and to conduct investigations on the basis of which he will decide either to reject criminal charges or to request an investigation i.e. to bring criminal charges.
5. According to article 174, paragraph 2 of the Criminal Procedure Act the State Attorney Office is authorized to request from the police the necessary measures and actions be undertaken and can order the content of these measures or activities. In such a case the police are obliged to undertake all the measures from the request thus specified and they are obliged to inform the State Attorney within 30 days about what they have done. This regulation enables the State Attorney to directly control police investigations.
6. The State Attorney Office has achieved harmonious cooperation with the police, which is the prerequisite to the efficiency of the State Attorney Office and the right way to ensure an impartial, complete and fast investigation on the basis of all the reports on the tortures committed and other cruel, inhuman or humiliating treatment. The role of the police is of the primary and imperative importance in investigating crimes because police work ensures the facts and evidence to the State Attorney Office necessary for instituting criminal proceedings.
7. When investigating these criminal offences in cooperation with the police, in coordinated gathering of all the relevant data, special attention is paid to the fact that regardless of ethnic origin and other circumstances the might be discriminating, the criminal prosecution and providing an honest and adequate protection and compensation to the victims should be applied in the same way not only with regard to the possible perpetrator of the criminal offence but also to the victim. Given that in this case the criminal offence is contained in the Criminal Code of the Republic of Croatia among the criminal offences sanctioned to protect the values protected by international law; the State Attorney Office pays special attention to a timely and efficient processing and sanctioning of perpetrators of this criminal offence.
8. In the last two years (2004/2005), state attorney offices in the Republic of Croatia received one criminal report each year, in both cases charges were dropped after police investigations because no evidence or facts could be gathered on the basis of which it would be concluded that there is a grounded suspicion for instituting criminal proceeding before the court. In their files the State Attorney Office did not record that a court investigation was conducted, that charges were brought or that a judgment to convict, reject or acquit was passed related to the criminal offence as provided in Article 176 of the Criminal Code.
9(b)
9. The Republic of Croatia completely and without reservations cooperates with all international courts and thus also with the International Criminal Tribunal for the Former Yugoslavia (ICTY). The competent directorate of the Ministry of Justice of the Republic of Croatia cooperates closely with the Liaison Office in Zagreb as well as with the accused Croatian nationals and their defense lawyers (documentation is delivered to the defendants and to the Prosecutor Office, access to archives is possible, talks with the witnesses summoned and warrants of arrest are being carried out an/or handover of defendants pursuant to the regulations of the ICTY Statute and Regulations on Procedure and Evidence.
10. The Republic of Croatia enabled the inspection into all its archives and talks with top-ranking officials from all the spheres of government administration.
11. The international community recognized the cooperation between the Republic of Croatia and the International Tribunal of Former Yugoslavia as can be seen from the progress achieved in the accession to the EU Croatia showed that it cooperates with the ICTY fully in bona fide.
9(f)
12. As regards the recommendation of the Committee against Torture referring to the adoption of the necessary measures for the improvement of material conditions at the Reception Centres for asylum seekers and immigrants, we can state that the recommendation mentioned has been completely adopted and implemented.
13. After the Asylum Act was passed, which came into force on July 1, 2004, regulations were adopted on the accommodation of asylum seekers and foreigners provisionally under protection (Official Gazette of the Republic of Croatia, No. 108/04) which came into force on August 12, 2004.
14. Within the Ministry of the Interior a Reception Centre for asylum seekers was established which is currently operating at 2 locations /Jezevo and Sasina Grede near Sisak) because the Republic of Croatia still does not have a permanent location where asylum seekers could be accommodated, the conversion of the premises in Kutina which are in the possession of the Ministry of the Interior is under way, which will significantly increase the accommodation capacities and will improve the conditions for the implementation of various saetal programmes and consequently the reception and accommodation could be carried out according to the European and international standards. We expect that the reception and accommodation of asylum seekers at that location will begin in June this year.
15. The reception, accommodation and welfare of asylum seekers are currently being provided for in accordance with the provisional reception and accommodation procedure. The accommodation of asylum seekers is provided at the Reception Centre for aliens in Jezevo where aliens are normally accommodated who stay in Croatia illegally, who could not be forcibly expelled, as well as aliens whose identity has not been established. The Centre is an enclosed one and the movement of the users is limited. All the aliens accommodated have free food, medical care and social welfare. It should be noted that part of the premises at the Reception Centre uses the Centre for asylum seekers who are separated from illegal immigrants. Currently, 24 asylum seekers could be accommodated there, but the accommodation capacity could increase by 10 to 15 persons. The asylum seekers stay in Jezevo up to 2 days and during that time all the procedures concerning the reception of asylum seekers (taking fingerprints, photographs, submission of asylum applications, production and issuance of cards, entering data of the reception procedure in the obligatory files, and the first medical examination) are being carried out.
16. Asylum seekers are provided information about their rights and duties during the procedure for obtaining asylum, as well as useful information on non-governmental organizations which lake care of asylum seekers or offer them legal assistance. These instructions are in the languages of the origin of the asylum seekers. In case that there is no instruction in the appropriate language, the asylum seeker is informed in the presence of an interpreter.
17. Upon his/her arrival at the Centre each asylum seeker gets a basic hygienic package and, if necessary, appropriate clothes. The asylum seekers arriving from high-risk countries where there is a possibility for the transmission of infectious disease are additionally medically tested for malaria and the cholera at the Dr. Fran Mihaljevic Clinical Hospital for Infectious Diseases pursuant to the decision on Hygienic and Medical Examination of Asylum Seekers, Asylees and Aliens under Provisional Protection, issued by the Ministry of Health and Social Welfare on the basis of the Regulations on Accommodation. The decision came into force on August 12, 2004.
18. Following the reception procedure, asylum seekers are accommodated at the Reception Centre for asylum seekers in Sasina Greda near Sisak (accommodation capacity is 50 persons with the additional possibility to receive up to 10 more persons without lowering the obligatory accommodation standards). The Reception Centre for asylum seekers in Sasina Greda has 20 residential buildings at its disposal, 4 bathrooms, one kitchen, one room with a TV set, one sports hall, a children playroom, a workshop, a small library, an office for the staff and a room for talks and the work of non-governmental organisations.
19. Where conditions allow it asylum seekers are accommodated with members of their families, whereas unaccompanied women are accommodated separately from men. Unattended minors are accommodated in separate rooms, and can also be accommodated with elder relatives, friends, acquaintances or foster families. Notably, the asylum Act in art. 12 provides that members of the immediate family of an asylum seeker, who arrived in Croatia together with the asylum seeker, have the right to stay in the Republic of Croatia until the termination of the asylum-seeking procedure. Pursuant to the said principle of family unity, in all the cases to date, when members of the same family appeared as asylum seekers, this principle was duly taken into account. Special care is also being taken of vulnerable groups of asylum seekers persons incapable of working, minors, unattended minors, older and weak persons, severely ill persons, handicapped persons, pregnant women, single-mothers and rape victims or victims of some other violence.
20. Asylum seekers in Sasina Greda can move freely, unless their movement is restricted. The Reception Centre is conducting interviews with asylum seekers on the basic asylum requests. Asylum seekers have the right to stay. In the Republic of Croatia as well as a right to enjoy the basic conditions for living and accommodation, basic education, health care, religious freedom, legal, humanitarian and money support until the procedure is finished (and if they lodge a complaint, until the complaint procedure is finished).
21. The Ministry of the Interior has concluded a Cooperation Agreement with the Croatian Red Cross, and apart from the employees of the Ministry of the Interior, the staff of the Croatian Red Cross are working at the Reception Centre as well. Social programmes and food delivery are carried out by the staff of the Croatian Red Cross according to the Agreement. Healthcare for asylum seekers is provided at the nearest medical clinic and if necessary asylum seekers are sent to specialist medical examinations in health care establishments in Sisak and Zagreb.
22. The officers engaged in the reception, accommodation and care asylum seekers are appropriately educated for dealing with asylum seekers (education through the 2001 CARDS project of sylum Reform and through the Regional CARDS project, asylum module).
23. Note that standards of the reception in the part referring to asylum seekers are for the most part in accordance with the Council Directive 2003/9/EC on setting up the minimum standards for the reception of asylum seekers, dated 27.01.2003. Momentarily, Amendments to the Asylum Act and harmonization with the rule of law of the European Union is in progress, so in this respect the defects in the reception and accommodation will be harmonized with the legislation and, practically, the standard will be improved if necessary.
9(n)
24. In 2003, the Ministry of the Interior/the Police Academy printed and sent to all the organizational units a Police Manual, in which the conduct of police officers in implementing all the police powers provided in the Police Act and the Rules concerning the way of proceeding of police officers are explained in an easy-to-understand fashion.
25. In 2004, the Ministry of the Interior/the Police Academy prepared and published, in cooperation with ICITAP, a manual of the Principals and Procedures, the basic guidelines for professionally, legally and ethically correct proceeding of the police officers. The manual consists of general instructions which contain regulations on proceeding and conduct in specific situations, and the principles and procedures for the conduct of police officers during a criminal investigation. The manual was distributed to all police officers.
26. Apart form that, the General Police Directorate issued instructions in writing to all the organizational units on how to handle detained and arrested persons, and in 2005, it issued an instruction related to the accommodation of persons arrested due to suspicion that they committed a crime or misdemeanour on detention premises.
9(p)
27. From 2003 to 2005, four criminal acts referred to in Article 126 of the Criminal Code (Extortion of Statements by Coercion) were detected and reported for which three police officers and one tradesman were reported (in 2003, one criminal act, in 2004, two criminal acts and in 2005, one criminal act was detected and reported). Disciplinary proceeding were conducted against the three police officers who during interviews extorted statements by force, and one of the police officer actually lost his job.
28. With regard to detection and reporting the crime referred to in article 127 of the Criminal Code (Maltreatment in Discharge of Duty or Public Authority), during the reporting period thirty criminal offences were detected and reported (in 2003, 16 criminal offences; in 2004 and 2005, seven criminal offences). In 14 cases the perpetrators of those criminal acts were police officers, while in other cases the perpetrators were high-school teachers, primary school teachers, kindergarten teachers, and in one case a pupil who abused another pupil. As a rule, the police officers committed criminal offence when applying police power, and disciplinary proceedings were conducted against 19 police officers suspected of the commission of this criminal offence. With reference to the commission of this criminal offence by other persons, five criminal offences were committed by kindergarten teachers, who on several occasions held children closed in toilets for punishment, and two criminal offences were committed by a primary school teacher by abusing the persons accepted for a job at the school in which the teacher in question worked as headmaster.
29. In the reporting period not a single criminal offence referred to in the Article 176 of the Criminal Code (Torture and Other Cruel, Inhuman or Degrading Treatment) was detected and reported.
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