Experts of the Committee Against Torture Commend North Macedonia for Protection of Victims of Domestic Violence, Raise Questions on Treatment of Patients at Psychiatric Hospitals and Conditions at Reception Centers for Asylum Seekers
The Committee against Torture this afternoon concluded its consideration of the fourth periodic report of North Macedonia on its efforts to implement the provisions of the Convention against Torture. Committee Experts commended the State for its increased capacity to protect victims of domestic violence, while raising questions on the treatment of patients at psychiatric hospitals and the conditions of reception centers for those seeking asylum.
Anna Racu, Committee Expert and Country Rapporteur, said the Committee welcomed the legislative and policy efforts made after North Macedonia ratified the Istanbul Convention in 2017. Additionally, amendments to the Criminal Code were made in 2023, criminalising all forms of violence and revising the definition of rape. North Macedonia should be commended for increasing its capacity to protect victims of domestic violence by expanding the number of shelters and protection services available for survivors.
Ms. Racu said the Committee was concerned over reports of almost all involuntarily detained patients being managed as voluntarily detained patients. Did staff from psychiatric institutions and residential centres receive necessary training on mechanical restraints and other types of seclusion as well as on the prevention of torture?
Abderrazak Rouwane, Committee Expert and Country Co-Rapporteur, said North Macedonia continued to be a transit country for persons seeking asylum or immigration. What was the legal status of the temporary transit centres in the light of information reported by the Ombudsmen that they were unsuitable for long-term stay? What measures were taken to reinforce the availability of judicial remedies to detainees to enable them to have their complaints examined and to challenge the legality of their detention? What was being done to improve the living and sanitary conditions in the reception centres? How many children were in the reception centres?
Responding to questions, the delegation said courts asked for an examination from an independent institution before adopting a decision on non-voluntary hospitalisation. In 2022 and 2023, within the country’s three psychiatric hospitals, there had been 1,701 voluntary hospitalisations, and 250 non-voluntary hospitalisations. A protocol for restraint had been adopted and was applied at all psychiatric hospitals. Restraint was only to be used as a security measure, in the case of an aggressive patient or in cases of self-harm, and should not be applied as a penalty. Trainings were conducted for all personnel working in the hospitals on the use of restraints.
The delegation said individuals seeking asylums were immediately placed in the open centres in North Macedonia and remained there for one or two nights. The Government offered free legal aid in secondary procedures at administrative courts. Asylum seekers also received free legal aid from several non-governmental organisations. The right to freedom of movement could only be limited if required by the national security agency. Uniformed police could also file such requests. The legal deadline for detention in reception centres was three months, with the opportunity to extend for three months. During this time, regular visits were made by civil society and the Ombudsman. When it came to detaining children, the best interests of the child were taken into account, as well as the principle of non-refoulement.
Jovica Stojanović, Acting Director of the Administration for the Execution of Sanctions of North Macedonia and head of delegation, presenting the report, said with the amendments to North Macedonia’s Criminal Code in 2023, the penalties for the crimes of torture and ill treatment were intensified. Continuous work was being done to improve the penitentiary system through the implementation of the reconstruction of the penitentiary institutions project, expected to be completed by the end of 2027. With the aim of improving living conditions for individuals in closed institutions, the Ministry of Health carried out reconstruction and equipment procurement at the psychiatric hospital Skopje and the psychiatric hospital Demir Hisar. Mr. Stojanović emphasised that North Macedonia remained committed to achieving the highest standards for the protection and promotion of human rights.
In closing remarks, Claude Heller, Committee Chairperson, thanked the delegation for the specific replies to the many questions raised during the constructive dialogue. Mr. Heller commended the State for the high-quality dialogue.
Mr. Stojanović, in his concluding remarks, said the State was grateful for having the opportunity to answer the questions posed by the Committee and to participate in the constructive dialogue.
The delegation of North Macedonia consisted of representatives from the Ministry of Foreign Affairs; the Ministry of Justice; the Ministry of Health; the Ministry of Labour and Social Policy; the Ministry of Interior; the Administration for the Execution of Sanctions; and the Permanent Mission of North Macedonia to the United Nations Office at Geneva.
Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s seventy-ninth session and other documents related to the session can be found here.
The Committee will next meet at 3 p.m. on Friday, 3 May to conclude its consideration of the eighth periodic report of Finland (CAT/C/FIN/QPR/8).
Report
The Committee has before it the fourth periodic report of North Macedonia (CAT/C/MKD/4).
Presentation of Report
JOVICA STOJANOVIĆ, Acting Director of the Administration for the Execution of Sanctions of North Macedonia and head of delegation, said implementing the concluding observations and recommendations of the Committee against Torture was integral to the penitentiary and judicial system reform in North Macedonia. The implementation of the strategy for reform of the judicial sector 2017-2022 had been finalised, and in December 2023, the Government adopted the new judicial sector development strategy (2024-2028) with its action plan. An overall training programme for continuous education of judges and public prosecutors for the years 2023-2024 had been adopted and implemented, including topics related to criminal acts of torture, ill treatment, and inhuman or degrading behaviour by police officers or members of the prison police. With the amendments to the Criminal Code in 2023, the penalties for the crimes of torture and ill treatment were intensified. Non-statute of limitations for the criminal offense of torture had been introduced, in line with the Istanbul Convention.
In March 2024, the first conviction ruling that sanctioned hate speech based on sexual orientation in Macedonian case law was adopted. In November 2022, the law on compensation for victims of violent crimes was adopted. The national preventive mechanism had been fulfilling its legal mandate for 14 years, and its recommendations served as an additional contribution to national activities for the prevention of torture. A unit at the Public Prosecutor's Office had been carrying out its legal duties in investigating and prosecuting criminal offenses committed by persons with police authorizations and members of the prison police.
The fight against corruption and organised crime remained a key priority of the State. The State Commission for Prevention of Corruption was proactive in addressing cases of nepotism, cronyism, and political influence in the recruitment process for employees in the public sector and in appointing members to boards. In 2019, a new law on prevention of corruption and conflict of interest was adopted.
The Directorate for Execution of Sanctions focused on improving conditions throughout the entire penitentiary system and had adopted a national strategy in this regard. In 2023, proceedings were initiated against two members of the prison police and final court decisions for the criminal offense of "ill treatment in the performance of duty" had already been adopted. In March of this year, the law amending the law on execution of sanctions was adopted. Continuous work was being done to improve the penitentiary system through the implementation of the reconstruction of the penitentiary institutions project, expected to be completed by the end of 2027. The first phase of construction of the largest penitentiary correctional facility in the country was already completed, providing space for 546 sentenced persons. The second part of the project was ongoing and would involve the construction of a completely new detention unit and new facilities.
With the aim of improving living conditions for individuals in closed institutions, the Ministry of Health carried out reconstruction and equipment procurement at the psychiatric hospital Skopje and the psychiatric hospital Demir Hisar. To provide better access to quality health services for sentenced persons and to incentivise healthcare workers, an agreement that provided for a 30 per cent increase in the salaries of healthcare workers employed in penitentiary institutions was adopted. The Ministry of Health, in collaboration with the United Nations Development Programme, the United Nations Population Fund and civil society, had been working on establishing three referral centres for victims of domestic violence. Mr. Stojanović emphasised that North Macedonia remained committed to achieving the highest standards for the protection and promotion of human rights.
Questions by Committee Experts
ANNA RACU, Committee Expert and Country Rapporteur, was pleased to hear about several positive developments in key areas covered by the Convention. Several important legislative amendments in respect to torture and other cruel, inhuman or degrading treatment or punishment had been adopted in February 2023. The amendments redefined the crime of torture and the crime of ill treatment in the performance of State agents’ duties in line with the recommendations made by the Council of Europe. Could the State clarify whether an attempt to commit torture and an act of complicity or participation in torture by a person were explicitly criminalised in the Criminal Code? Could details on the principle of command responsibility for the offence of torture and other ill treatment, according to which hierarchical superiors were held criminally responsible for the conduct of their subordinates, be provided? What was the legislation on this? The Committee would like to be informed about the State's efforts to achieve “A” status for the national human rights institution and other measures to strengthen the work of the Ombudsman.
Although faced with various challenges, the national preventive mechanism team conducted regular visits to places of deprivation of liberty, conducting 19 visits in 2022 and 19 visits in 2023 without obstacles. The team had uninterrupted access to all places of deprivation of liberty and its members were able to speak in confidential manner with people in closed institutions, which represented a positive development that must be highlighted by the Committee. Did the national preventive mechanism have sufficient funding? What specific resources had been allocated to enable it to fulfil its mandate? How many recommendations related to the prevention of torture and protection of persons deprived of their liberty had been issued by the mechanism in the last years and how many of them had been implemented by the State?
The national legislation of North Macedonia contained specific provisions guaranteeing the rights of notification of custody, and access to a lawyer and to a doctor from the very outset of deprivation of liberty, which was a privilege. Some other positive developments were registered in recent years, including the adoption of standard operating procedures concerning the treatment of persons apprehended and detained by the police, and the designation of a custody officer within each police station. What measure had been implemented to ensure that all police officers applied the standard operating procedures with due diligence and complied with the relevant legislation?
Could information be provided on the procedure of medical examination upon admission in police detention units? Did doctors perform such examinations on admission to a police detention or pre-trial detention facility and report to the police or to a specific health authority? What were the legal provisions for doctors to report cases of possible torture and ill treatment? What efforts were being undertaken to ensure compliance of capacity building activities of medical staff with the Istanbul Protocol?
From the information provided to the Committee, it appeared that only one police officer received disciplinary sanction and was dismissed as a result of the investigation into forcible eviction in Skopje in August 2016. Could more details on the investigations into these incidents be provided? Were there any available statistics on the use of physical force and special means by police staff towards detainees or peaceful protesters? Which authority oversaw police actions and what were its main competences? The Committee wanted to be updated about the work of the external oversight mechanism, expected to become operational at the beginning of 2024.
What specific measures had been taken by the State party to prevent violent incidents among prisoners, including self-injuries and suicides? How were these incidents investigated? Was there specific legislation that referred to prevention and investigation of acts of violence in prisons? Could information be provided on the mechanism of recording and reporting violent incidents, and providing protection, including protection from reprisals of victims, and psycho-social programmes aiming at reducing the level of violence? How many violent incidents or deaths in custody, including suicides and self-harm cases, had been registered in the police and prison places of detention during the last four years? What measures had been put into place to establish an efficient complaint mechanism in places of detention?
Statistics revealed that up to 58 per cent of incarcerated juveniles had been diagnosed with mental health problems. What were the educational activities and arrangements regarding contact with the outside world for convicted children? Could statistical data be provided on the current number of juvenile detainees? What alternatives existed for the juveniles in the country? Was there a complaints mechanism available for minors? How many complaints had been registered from minors? Were there current initiatives targeting minors in conflict with the law?
On a positive note, the Committee welcomed the legislative and policy efforts made after North Macedonia ratified the Istanbul Convention in 2017. Additionally, amendments to the Criminal Code were made in 2023, criminalising all forms of violence and revising the definition of rape. North Macedonia should be commended for the increased capacity to protect victims of domestic violence by expanding the number of shelters and protection services available for survivors. What was the reason for the increase in domestic violence cases from 2013 to 2019? What measures were being taken to ensure that victims could exercise their right to file complaints, and that those complaints were thoroughly investigated, and perpetrators prosecuted and sanctioned appropriately? What were the measures to protect Roma women? What measures were being taken by the State to address gender stereotypes and to encourage women to report incidents of violence?
The Committee was concerned over reports of almost all involuntarily detained patients being managed as voluntarily detained patients. Many of these patients had developed hospitalism (a special form of behaviour after long hospitalisation), so their exit from the hospital after many years spent in a psychiatric hospital was a challenge to reintegrate in the community. Could the Committee be updated about the newly built facility for people with psychiatric disorders, the special institute Demir Kapija? Was this institution fully functional?
What were the State’s views on the use of mechanical and chemical restraints? What indicators were used by staff to determine that a patient needed to be put under mechanical restraint? Did the Ombudsman and the national preventive mechanism carry out monitoring visits to psychiatric and social institutions? Was there a complaint mechanism available for persons in the psycho-social institutions? Did staff from psychiatric institutions and residential centres receive necessary training on mechanical restraints and other types of seclusion as well as on the prevention of torture?
Since the last report, had the State party received any requests for extradition of an individual for the prosecution of the crime of torture? How was it ensured that the State making the request would not subject the individual to torture or ill treatment upon arrival?
ABDERRAZAK ROUWANE, Committee Expert and Country Co-Rapporteur, said North Macedonia’s continuous interaction with various United Nations human rights mechanisms, including treaty bodies, and with human rights mechanisms of the Council of Europe deserved to be commended. How were national stakeholders involved in the elaboration of the report, including national institutions and civil society?
There had been serious concerns about undue external influence over the judiciary. What measures were envisaged by both the Judicial Council and the Council of Public Prosecutors to promote and safeguard the independence, integrity and professionalism of judges and prosecutors? Would the legislative framework and overall functioning of these two bodies be revised to enhance their independence? Why was the new judicial reform strategy for the period 2023-2027, which aimed at improving the performance of judicial institutions, delayed?
The Committee noted that the principle of non-refoulement was enshrined in the law on international and temporary protection of 2018. However, it had been reported that in 2024, a number of persons, mainly Roma from Kosovo who had been granted subsidiary protection in North Macedonia since 1999, had been declared a “threat to national security”. Could the delegation comment on these concerns? Could updated information about the number of persons who had not been granted asylum or had been returned on the basis that they constituted a threat to national security be provided? Did they enjoy the right to challenge the authorities’ decision before the judiciary? Did they enjoy access to free legal assistance?
North Macedonia had ratified a significant number of international instruments related to refugees and stateless persons. It continued to be a transit country for persons seeking asylum or immigration. More than 19,000 persons transited through the country in 2021; more than 27,000 persons in 2022; and almost 14,000 persons in 2023. What was the legal status of the temporary transit centres in the light of information reported by the Ombudsmen that they were unsuitable for long-term stay? What measures were taken to reinforce the availability of judicial remedies to detainees to enable them to have their complaints examined and to challenge the legality of their detention? What was being done to improve the living and sanitary conditions in the reception centres?
How many children were in the reception centres? It was expected that the national authorities would be able to resolve the existing cases of statelessness by the end of 2024. What were the results achieved so far?
The Committee noted some positive developments in the field of combatting trafficking, namely, the adoption of the law on foreigners in May 2018, the introduction of a specific provision on the non-punishment of victims of human trafficking in the Criminal Code; and the law on the payment of monetary compensation to victims of violent crimes, adopted in 2022, which provided for compensation for victims of human trafficking. To what extent had the Committee’s recommendations related to trafficking in human beings been implemented? What measures had been taken to ensure that victims of trafficking benefited from protection and effective remedies? How was assistance guaranteed for vulnerable children? What measures had been taken to ensure full reparation for victims of torture and ill treatment? How many requests for reparations had been filed?
Following visits carried out in 2022, the national preventive mechanism reported a worrying deterioration in security conditions in the Idrizovo closed ward. Severe overcrowding continued to make prison conditions harsh, with some cells in the Idrizovo prison holding 16 to 19 inmates. The Ombudsman report noted poor conditions in most prisons, and overall lack of funding and understaffing of the corrections system. What results had been achieved regarding the implementation of the 2021-2025 strategy for developing the prison system, particularly the measures taken to put an end to overcrowding? What had the Ministry of Health done to improve the enjoyment of adequate access to health care for detained persons? What measures had been taken to find a solution to the water supply problem in the prison Kumanovo? How were the general conditions in the solitary confinement in the penitentiary institutions being improved?
It was reported that Roma suffered from systemic discrimination and racism at every stage of criminal proceedings. Some cases had been brought against North Macedonia before the European Court of Human Rights, including three involving deaths in prison. Concerning Akcha Jusinova and Muzafer Jusinova, who filed criminal charges in 2018 against Shtip prison and its director, a trial was pending in both cases; could updates be provided? Could information be provided on any specific training programmes on the provisions of the Convention? What actions had been taken to ensure the evaluation of the effectiveness and impact of the training provided to law enforcement officials regarding the prevention and prosecution of acts of torture and ill treatment?
The Committee was informed that radicalisation in prisons remained a concern, despite the existence of a strategy that provided measures against radicalisation in prisons. What results had been achieved on this issue, within the implementation of the strategy? The Committee had been informed that North Macedonia continued to implement a national plan for the re-integration, re-socialisation and rehabilitation of returnees from foreign armies and members of their families. What were the activities and results of this plan?
A Committee Expert asked about certain cases regarding police officers that were filed with the Public Prosecutor’s Office? What happened with these cases? What was the status of prosecutions regarding the kidnapping of 12 ethnic Macedonians and six cases of enforced disappearances? Were any amendments to the amnesty law envisaged?
Responses by the Delegation
The delegation said the amendments to the Criminal Code redefined the criminal offence of torture. Within these amendments, the offence now encompassed police officers who were performing their duties, and encompassed the use of force, coercion, or threats which caused physical or emotional pain. A minimum penalty of five years imprisonment was now being issued, which was an improvement from previous sanctions. It was an especially aggravating circumstance if a crime was committed due to hate. This also applied to officials who were performing their duties, and included crimes of cruel, inhumane or degrading treatment.
The national preventive mechanism operated as a team composed of several officers. To ensure a multi-disciplinary approach, the services of outside experts were employed. The mechanism was an important link in the chain in the system of the prevention against torture. Its recommendations were consistently implemented. The Government placed great importance on strengthening the capacities of the Ombudsman to allow it to achieve an “A” grade status. Additional amendments were being drafted on the law on the Ombudsman which aimed at strengthening its authority on human trafficking and implementing the Convention on the Rights of Persons with Disabilities.
The Unit for Investigating Criminal Offences committed by members of the prison police and police officers was composed of three public prosecutors and three special investigators. The special unit kept two records: one of known offenders and another record for those under reasonable suspicion of committing such crimes. Forty-eight cases of allegations of torture, inhuman and degrading treatment by persons with police authorisations or prison police had been reported; acting on the charges filed by the Unit, 42 convictions had been issued. In 2022, the Ombudsman filed a complaint against the two police officers who were members of the Ministry of the Interior, and procedures in this case were ongoing.
It was obligatory to have a lawyer in cases involving children. The right to a defence lawyer in criminal procedures was guaranteed and obligatory. When costs could not be afforded, free legal aid was provided. Anybody involved in proceedings with children was required to pay the costs of the legal aid. If parents lacked the funds, these would be paid by the body where the proceedings were being led. This had simplified the procedure for ensuring free legal aid. The Ministry of Justice had covered more than 30,000 euros in costs for legal aid for cases involving children. Thirty-two applications had been introduced to monitor the rights of children to justice. Pretrial detention had been issued to four children in 2023. The law on children’s justice stipulated compulsory training for staff at social work centres.
North Macedonia had not received requests for extradition of individuals for offences in Georgia. The Convention on Migrant Workers was currently being considered. In keeping with legislation with the Republic of Macedonia, all victims of torture had the right to file for and receive reparations. North Macedonia had paid compensation on several judgements of the European Court of Human Rights, relating to torture. In the period 2019 to 2023, 30 individuals were convicted of torture and ill treatment. In some of them, probationary sentences had been implemented. When it came to the training on prevention against torture, they were part of the training for judges and public prosecutors, both initial and ongoing. As part of the initial training, the issue of the Convention, with a special focus on hate crime, was part of the theoretical curriculum.
There had been issues with Roma who were not registered and were not issued a birth certificate, and had been prevented from exercising their right to healthcare and other rights. The law on non-registered individuals was adopted in 2020, ensuring their access to education and health services. This law partially resolved the situation, but eventually North Macedonia aimed to become a country with no unregistered individuals. A new law required those born in North Macedonia to be issued with birth certificates within 48 hours after birth.
Regarding the decision of the Judicial Council that terminated the office of a certain judge, the Administrative Council abolished the decision of the Judicial Council due to violations of procedure, and the judge was reinstated.
North Macedonia had 34 general police stations equipped with facilities for the detention of persons with limited right to movement. All reports were followed and monitored, especially those received from the Ombudsman. In the past reporting period, considerable progress had been made to ensure minimum international standards were established. A large number of facilities for the detention of persons now met the minimum required standards.
Responses by the Delegation
The delegation said the Ministry of Interior operated at 34 police stations, equipping facilities for detainment. The Ministry paid significant attention to ensuring furniture at these facilities were in line with international standards. Meetings had been held to furnish the facilities, ensuring sanitary conditions for the detainees. In 2023, a Code was adopted for conducting interviews with citizens, which stipulated the ethical standards and behaviours of police officers with apprehended individuals. The Director of the Bureau for Public Security had charged all heads of police stations to pursue zero tolerance of inhuman and degrading treatment of detainees. The right of detainees to receive a meal every six hours was introduced, and the right to a lawyer was recognised.
The right to a defence lawyer was not guaranteed in Macedonian law, but police officers encouraged detainees to utilise one. This was a burning issue. Detainees being offered a defence lawyer could select their own, but often they did not have one, as most detainees were socially vulnerable. Because of this, they usually used the lawyers called by the State. When a detainee decided to call upon a defence lawyer, all further police action was ceased until the lawyer arrived.
The department for internal control oversaw the work of police officers. The department received complaints from citizens, civil society and the Ombudsman, and acted upon whistleblower reports. Over the last four years, this department had received 225 complaints on physical force being used by police officers. One hundred of these had been established to be ungrounded, as not enough evidence was received. Twenty-three complaints had been found as grounded, and 17 charges had been raised for using physical force in conducting police work. Citizens could file complaints anonymously via email. They were not obligated to report on their ethnic background; Roma did not declare their ethnicity when filing complaints.
A project was underway in collaboration with Norway, which conducted country-wide trainings for police, including on human rights, Roma and domestic violence, among others. In 2018, the law on international and temporary protection was adopted, in line with European Union directives. Asylum seekers in North Macedonia were being rejected only if they did not meet the terms and conditions stipulated under the Geneva Convention. Refugees from Kosovo from 1999 were afforded the right to asylum. There had been many asylum applications in North Macedonia, particularly in 2023. This was a result of the COVID-19 pandemic, which stopped many individuals coming to the country and seeking asylum. Individuals seeking asylums were immediately placed in the open centres in North Macedonia and remained there for one or two nights. The Government offered free legal aid in secondary procedures at administrative courts. Asylum seekers also received free legal aid from several non-governmental organisations. The right to freedom of movement could only be limited if required by the national security agency. Uniformed police could also file such requests.
The legal deadline for detention in reception centres was three months, with the opportunity to extend for three months. During this time, regular visits were made by civil society and the Ombudsman. When it came to detaining children, the best interests of the child were taken into account, as well as the principle of non-refoulement. Standard operating procedures had been drafted for treating unaccompanied minors. If their mother was detained, the child would be accommodated with their mother. The Ombudsperson had commended the treatment of persons at reception centres. In 2023, 99 individuals from countries including Morocco and Nepal were returned to their families.
Regarding the events on 27 April 2017, a taskforce was established immediately after, tasked with examining all evidence of the incident. The body drafted a report which was filed to the basic public prosecutor’s office.
With the amendments to the law on health insurances, persons who were detained had their health care organised by the prisons. Within the women’s units in prisons, gynaecological examinations were provided through mobile gynaecological units. Screening for cervical cancer and breast cancer was also provided. In 2023, more than 1,100 health professionals were employed across multiple health facilities, including psychiatric facilities, to overcome the needs stemming from a lack of personnel. Prisoners were also examined regularly for tuberculosis and HIV/AIDS. Records of any injuries were recorded by medical personnel and kept on file. The prison police were obliged to note when a victim had been examined under means of coercion.
A new facility had been built within the psychiatric hospital in Skopje, with multiple wards including for hospitalisation and recovery. Courts asked for an examination from an independent institution before adopting a decision on non-voluntary hospitalisation. In 2022 and 2023, within the country’s three psychiatric hospitals, there had been 1,701 voluntary hospitalisations, and 250 non-voluntary hospitalisations. A protocol for restraint had been adopted and was applied at all psychiatric hospitals. Restraint was only to be used as a security measure, in the case of an aggressive patient or in cases of self-harm, and should not be applied as a penalty. Trainings were conducted for all personnel working in the hospitals on the use of restraints.
The Criminal Code of North Macedonia defined for the first time gender-based violence against women, including direct and indirect threats. The Ministry of Labour and Social Policy provided funds for the centre for victims of human trafficking. At the beginning of the year, a working group was formed for drafting a national strategy for the protection of gender-based violence against women and domestic violence, which would be implemented until 2032. More than 1,600 cases of domestic violence had been filed in 2023, with the majority of victims being women and 112 being from the Roma community. Specialised services for victims of domestic violence had been established, including nine accommodation centres for victims. Ten centres were available for counselling victims of domestic violence and three crisis centres had been established.
A taskforce was working on amendments to the law on Criminal Procedure that addressed deadlines on executing probation sanctions. Significant progress had been made in anti-corruption work. A strategy on the penitentiary system had been adopted, as well as procedures for whistleblower reports. Trainings had been conducted for prison police with the help of the National Ombudsman on topics including laws regulating their work, means of coercion, the use of firearms and procedural protocols. Several announced visits had been carried out by the Ombudsman to penitentiary institutions over the last four years. Probation had been strengthened to reduce overcrowding.
The Government had established a national committee on preventing violent extremism and anti-terrorism. A special bylaw had been adopted which regulated the work of multi-disciplinary teams established in prisons, tasked to follow convicts who were convicted for terrorism. Reports were submitted to the Department of Sanctions. A screening tool had also been developed for risk assessment, which recognised signs of radicalisation.
A rule book for the police on the use of coercive methods had been drafted and had recently been revised. The unit for prosecuting crimes of the prison police had launched six proceedings in recent years, and in three of these cases, it was found that police had committed abuse in official duty. North Macedonia was not immune to the phenomena of inter-prisoner violence, but such cases were being detected and addressed with legal provisions. A strategy on preventing suicide in prison had been adopted. A complaints mechanism had been established at penitentiaries, and mailboxes for filing complaints had been placed at penitentiary facilities by the Ombudsman.
Some prison institutions had been demolished, and new facilities had been built to improve the living standards of convicted persons. A juvenile facility had been built with 110 beds. Some wards had been demolished at the State’s largest prison, to make way for more beds. Child wards had been established at three facilities in different regions. At Shtip Prison, a bakery had been built which enabled prisoners to bake bread. Forty-eight million euros had been allocated to build a central detention centre with 412 beds. A facility had been built for high-risk prisoners, with 68 beds. The Government had funded additional posts to overcome the lack of staff working in prison institutions. Around 192 persons were employed in these posts, which was approximately 20 per cent of new personnel in prisons.
The use of body cameras was not regulated by law, which would remove the opportunity for corrupt activities. Promotion was encouraged within prisons; only persons employed within the prison system could take up high-ranking posts. The Government was also working to improve the salaries and general conditions for prison workers.
An action plan, which would be adopted in 2024, aimed to strengthen the trust in the judiciary among the general public. There had been no changes to the Law on Amnesty. Psychological violence was not included as a separate crime within North Macedonia’s Criminal Code, but this would be taken into account during the drafting of the new Code.
Questions by Committee Experts
ANNA RACU, Committee Expert and Country Rapporteur, thanked the delegation for the message of zero tolerance of acts of torture and ill treatment, which was empowering. Could the State elaborate on the discrepancy between the large number of complaints received against police officers and the small number of convictions? Were the police officers convicted of acts of torture and abuse suspended from their duties? Could information on disciplinary sanctions be provided? Could investigations into cases of gender and domestic violence be launched ex-officio? Could more details be provided on the complaints mechanism available to minors? How many complaints had been received from minors in pretrial or correctional facilities? What measures had been taken by prison management to ensure access to medical care? How were staff working with minors in prison being trained?
There were reports of violence against lesbian, gay, bisexual, transgender and intersex persons, including harassment, hate speech and discrimination, as well as a lack of effective investigations into such cases. Could information be provided on the number of cases, number of victims and number of prosecutions? Were there numbers on the cases of hate crimes based on ethnicity?
What community-based services were provided for persons with mental disabilities? It was a challenge for someone who had spent multiple years in a psychiatric hospital to reintegrate into society. Relevant and important actions continued to be taken by the Government to protect victims of domestic violence, and the State was encouraged to continue in this sense and take the Committee’s recommendations into account. What was being done to encourage the reporting of gender-based violence? What was the level of impunity for such acts?
ABDERRAZAK ROUWANE, Committee Expert and Co-Rapporteur, said the Committee had received information about the death of a 20-year-old Romani in May 2023, who died in hospital after being denied treatment because he did not have an identity card. The Ministry of Interior had been requested to amend legislation which prohibited Roma living in informal communities from obtaining identity cards. Could information on this case be provided? Could the delegation comment on the case of a woman travelling with her husband, who was an alleged people smuggler, who was shot dead at the Greek border? What was the criteria for the selection of persons to be future judges or public prosecutors? What was the duration of education and training within the judicial academy?
The Committee had received many reports about continued and systematic pushbacks to Greece. What measures did the State party envisage to examine this situation and put an end to these practices? It was commendable that the State had ratified almost all United Nations human rights treaties. The State party had not ratified the International Convention for the Protection of All Persons from Enforced Disappearance or the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Did it plan to do so?
The information system put in place to collect data should be commended. How did the State intend to use the system to organise information related to cases brought before public prosecutors and courts concerning torture and ill treatment? Had any cases concerning torture and ill treatment been published?
A Committee Expert said the delegation had explained there was a taskforce committee tasked with gathering physical evidence on the 27 April 2017 incident. Could more specific data be provided on how many individuals had been charged and how many were convicted and serving their sentences in prison? Why had no amendments been introduced to the Amnesty Law? Would this be considered in the future?
Responses by the Delegation
The delegation said representatives of the Ombudsman were required to be present at police stations with detainees, who also had the right to call a medical doctor. Doctors were often called by detainees who required medication such as insulin. The State paid great attention to this issue. Seventeen complaints had been filed against 26 police officers. One of these complaints involved torture or other forms of cruel, inhuman or degrading treatment. There had been 34 disciplinary measures issued against officers and three dismissals. The State ensured that persons who filed a complaint of domestic violence received medical treatment. Police officers could enter a home if a call of assistance had been filed to the police. According to the law on the prevention of domestic violence, police would only come to homes in the event of a complaint.
Border police acted with the highest level of professionality and there had been no recorded pushbacks. No illegal migrant had been denied the right to asylum. Posters were placed at the border in different languages, providing information to those who wished to seek asylum in North Macedonia. Regarding the migrant woman shot dead on the Greek border, this incident was investigated, and it was determined there were no violations of police authorisation. The procedure was ongoing.
Children’s right to file a complaint was guaranteed. Action had been taken to investigate complaints of violations of the rights of the children in correctional facilities. The Criminal Code did not recognise hate speech as a special crime. However, courts were obligated to take into account if a crime had involved discrimination on the grounds of sexual identity.
The goal of the Information Technology Council was to take charge of the digitisation process of the entire Government of North Macedonia. Several digital court rooms had also been established. Commissions for complaints monitored patients who had complained about ill treatment by personnel at psychiatric hospitals. Doctors conducted daily checks and visits, noting complaints concerning any ill-treatment of the patients. To improve the security of patients, the numbers of employees in the hospitals had been increased. The national strategy for the improvement of mental health had specific and concrete goals, and took into account reintegration of patients. Key components of the plan included decentralisation and the reduction of psychiatric hospitals. Macedonia was developing an additional 30 centres for mental health, where patients could continue their reintegration.
A social media campaign had been launched on gender-based violence which had been shared more than 450,000 times. Research had been conducted on the ethical reporting of gender-based violence. Eighteen people had been convicted regarding the incident on 27 April 2017. Work on the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance was ongoing, and North Macedonia was considering ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
Closing Statements
CLAUDE HELLER, Committee Chairperson, thanked the delegation for the specific replies to the many questions raised during the constructive dialogue. Any information which would be useful to the Committee should be sent through as soon as possible. Mr. Heller commended the State for the high-quality dialogue.
JOVICA STOJANOVIĆ, Acting Director of the Administration for the Execution of Sanctions of North Macedonia and head of delegation, said the State was grateful for having the opportunity to answer the questions posed by the Committee. North Macedonia was grateful to have been able to participate in the constructive dialogue.
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