Règle correspondante
Serbia
Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
Serbia’s Law on Enforcement of Penal Sanctions (2005) states: “Any treatment subjecting a prisoner to any form of torture … [or] degrading … treatment is forbidden and punishable.”
Serbia, Law on Enforcement of Penal Sanctions, 2005, Article 6.
Serbia’s Criminal Code (2005) states that ordering or committing serious bodily or mental harm “with intent to destroy, in whole or in part, a national, ethnical, racial or religious group” constitutes an act of genocide.
Serbia, Criminal Code, 2005, Article 370.
The Criminal Code also states that ordering or committing torture “as part of a wider and systematic attack against the civilian population”, in violation of international law, constitutes a crime against humanity.
Serbia, Criminal Code, 2005, Article 371.
The Criminal Code further states that, in time of war, armed conflict or occupation, ordering or committing “torture [or] inhuman treatment” against the civilian population, in violation of international law, constitutes a war crime.
Serbia, Criminal Code, 2005, Article 372(1).
The Criminal Code further states that ordering or committing “torture [or] inhuman treatment” against the wounded and sick or prisoners of war, in violation of international law, constitutes a war crime.
Serbia, Criminal Code, 2005, Articles 373 (1) and 374(1).
The Criminal Code also states:
(1) Whoever in violation of international law in time of war or armed conflict kills or wounds an enemy who has laid down his weapons or has surrendered unconditionally or has no means of defence, shall be punished by imprisonment of between one to fifteen years.
…
(3) If the murder specified in paragraph 1 of this Article is committed in a cruel manner … the offender shall be punished by imprisonment of between ten years … to forty years.
Serbia, Criminal Code, 2005, Article 378(1) and (3).
In 2006, in its initial report to the Committee against Torture, Serbia stated that “no one may be subjected to torture or to inhuman or degrading treatment”.
Serbia, Initial report to the Committee against Torture, 8 February 2007, UN Doc. CAT/C/SRB/1, submitted 3 May 2006, as amended by CAT/C/SRB/2/Corr.1, 23 September 2008, § 186.
