Insight view

10 YEARS OF INDEPENDENCE - INSIGHT VIEW
TORTURE AND VIOLATIONS
Long investigations and
double standards
Since 2006, NGO Youth Initiative for Human Rights (YIHR MNE), member of Civic Alliance (CA),
has monitored the activities of competent institutions in cases of serious statements on violations
and torture. Although progress has been made in this area, torture still occurs, but the attitude
of public institutions remains unprofessional and impartial. The Institution of Protector of
Human Rights and Freedoms and the Council for the Civil Control of Work of the Police significantly
improved their work and supported the NGO sector that works in this field.
Cases
CA registered cases where investigations, after serious charges for torture, were late or were inefficient,
ineffective, and were not independent. According to the Committee against torture, investigations
of torture cases that are late 15 months are unreasonably long. The Committee also said
that formal filing of lawsuits for torture are unnecessary and added it was enough if the victim testifies
about the torture. In that manner, the country would be obliged to investigate the case impartially
and without delay. However, CA registered in practice a large number of cases where similar
investigations failed.
The problem of police officers convicted for violations of human rights, who still do their job, was
found in the previous period. In the latest example, three police officers who have been convicted
for assisting in the torture of Aleksandar Pejanović. For this crime, they each received a three-month
prison sentence. After serving the sentence, they were returned to the same job positions.
During protests in October 2015, Civic Alliance formed 25 cases as the result of citizens’ complaints
of violation, inhuman treatment, and material damage caused by police officers. All cases were documented
through media reports, photos, and testimonies. We are still waiting for the response of public
institutions in identifying and processing the police officers who tortured and mistreated citizens.
In cases in which charges are filed by both citizens and police officers (or ZIKS officers), the Prosecution
Office often in practice processes charges against citizens more efficiently, which results
in convicted citizens, even if the corresponding trial against the officers has not even started yet.
One of the latest examples is the incident that happened in January 2015, when prisoners were
sentenced to 35 years for assault on officers. On the other side, the trial has begun, in which the
defendants are officers who, according to the Ombudsman, excessively used force, tortured, and
inhumanly treated convicted persons thus violating their human rights. In this case, the Ombudsman
confirmed that three convicted persons suffered torture.
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