Macedonia, Former Yugoslav Republic of - OPCAT Situation
Amendments to the Ombudsperson's Office law (September 2009) and OPCAT Ratification Law
Law on the Ombudsperson's Office (September 2003)
North Macedonia ratified the OPCAT in 2009 and made a declaration under Article 17 on the structure of the NPM. The Ombudsperson’s Office was designated as NPM and, although it has not been implemented in practice, formal cooperation with civil society organisations was encouraged in the declaration.
The NPM became operational in 2011 and a specific NPM department was established, with dedicated staff.
The SPT member who is the SPT Focal Point for North Macedonia is available here.
Following amendments (see Article 5 for further information) made to the Ombudsperson's Office legislation in September 2009, a specific NPM Unit was created and became operational in April 2011.
In April 2010, the Ombudsperson's Office adopted a "Rulebook on the organisation and scope of the work of the Ombudsman Administrative Office". This Rulebook regulates the internal organisation of the Ombudsperson's Office.
Article 20 of the Rulebook further develops the mandate of the Preventive Organisational Unit, as follows:
- Establish a system of regular and irregular or unannounced visits from a preventive nature in all places where persons are or may be deprived of their liberty;
- Prepare reports and recommendations to the competent authorities;
- Make and submit information to the UN Subcommittee for Prevention of Torture, the Council of Europe, the Committee against Torture and other international bodies;
- Other things which by type and character are appropriate to these tasks.
The procedures of sharing information and responsibilities, in particular regarding complaints-handling, are not specified in this Rulebook.
The Ombudsman's Institution publishes a specific NPM annual report, which provides an overview of the activities of the NPM and summarises the main issues encountered during visits to places of detention, as well as the recommendations made by the NPM. Annual reports are available on the NPM's website.
Other reports, such as thematic reports, may be avaiable on the NPM's website.