to control its own units, with the result that there had been some regrettable
incidents involving destruction of villages, killings and acts of cruelty.
However, although the Yugoslav army had committed crimes against humanitarian
law, it had not carried out any summary executions. He agreed that those
responsible had to be punished and that a recurrence of such crimes had to be
prevented. Although it was difficult for the Government to control the army's
activities, given the latter's state of disintegration, it bore responsibility
for the army's action and was taking steps accordingly. The Government was
thus prepared to punish all those responsible for crimes against civilians. A
special commission had recently been established to investigate all reported
violations of international humanitarian law, regardless of the nationality of
the victims. Moreover, 30 members of the army or paramilitary groups were
currently in prison for human rights violations and many other cases were
under investigation.
446. Although the death penalty had not been abolished in Yugoslavia, it had
been applied in a very limited way. There had been no executions in Serbia
for 30 years and it was hoped that the new Constitution would abolish capital
punishment altogether. Proposals had been made to authorize capital
punishment only for the gravest forms of criminal acts perpetrated during a
state of war or immediate danger of war, and to limit its application in other
circumstances by requiring the unanimity of a panel of seven judges in passing
the death sentence.
447. In the territory under federal Government control all interested groups,
including non-governmental organizations and the International Committee of
the Red Cross, had been invited to inspect places of detention and had offered
advice and assistance, especially concerning prisoner exchange. An. impartial
procedure for handling complaints of ill-treatment existed through the courts
and the special investigation committee. Yugoslavia had ratified the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment and its national legislation contained adequate protection agai&st
such practices. Under article 16 of the Constitution of the Republic of
Serbia, a person suspected of having committed a criminal offence could be
detained and held in confinement on the basis of an order issued by a
competent court of law only when such detention was indispensable for the
conduct of criminal proceedings or for reasons of public safety. The length
of detention had to be kept as short as possible. The independence of the
judiciary had been strengthened by amendments to the federal Constitution and
also by the new constitutional law ia the various republics. The practice of
re-electing judges had been abolished and judges were now elected to permanent
posts.
Freedom of movement and expulsion of aliens, right to privacy, freedom of
religion, expression, assembly and association,,right ,to participate in the
conduct of public affairs, non-discrimination, equality of the sexes and
rights of persons belonging to minorities
448. With regard to those issues, members of the Committee wished to receive
information on any special limitations a*i<l restrictions on the exercise of
freedom of movement anct expulsion of aliens, the right to privacy, freedom of
religion, expression, assembly and association and the right to participate in
the conduct of public affairs and on the compatibility of those limitations
and restrictions with the relevant provisions of the Covenant; on controls
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