COMMITTEE AGAINST TORTURE BEGINS REVIEW OF REPORT OF LATVIA
The Committee against Torture this afternoon began its consideration of the second periodic report of Latvia on the efforts of that country to give effect to the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Introducing the report, Inga Reine, Representative of the Government of Latvia before International Human Rights Organizations, highlighted the most important developments taken at the national level during the last reporting period. Significant progress had been achieved in all areas, the most important being significant improvement of legal regulations and practical situations with conditions of detention and imprisonment, medical assistance, education and protection of victims.
As a result of economic growth and international support, Latvia had significantly increased budgetary allocations to develop the infrastructure of prisons and other detention facilities, Ms. Reine noted. A number of prisons and police short-term detention centres had undergone renovation. Other important improvements in Latvia included the drafting of a new law in order to ensure compliance with the most recent European Union asylum standards. Also, in 2007 Latvia had completed its reform of military forces by fully transferring to the professional army.
Serving as Rapporteur for the report of Latvia, Committee Expert Claudio Grossman noted that the Supreme Court of Latvia had differentiated between torment and torture, defining torture as a multiple or prolonged act. It was underscored that this definition did not came out of the Convention and this differentiation created issues with the Convention. He also wondered why the provisions against crimes against humanity and genocide did not include the mention of torture, as crimes against humanity were seen as torture.
Nora Sveaass, the Committee Expert serving as Co-Rapporteur for the report of Latvia, asked further questions, including on human rights training, did border police and migration officers receive training to enable them to identify potential victims of trafficking? On the monitoring of places for asylum seekers, were the children mentioned in the report unaccompanied minors or children accompanied by their parents, and what was the situation of children in these places?
Other Committee Experts asked questions, among others, on why there had been no sexual violence registered in prisons and if this was the fault of the system of information collection? From experience, this form of prisoner violence was one of the most endemic, noted one Expert. Other questions included where professional military personnel were judged, if there was a need, and was it in civil or military tribunals; and what was the status of children in Latvia with a stateless father and mother?
Jânis Maþeiks, Ambassador and Permanent Representative of Latvia to the United Office in Geneva, introduced the members of the delegation, who included Representatives of the Ministries of Education and Science, Justice, Health, Welfare and Interior, the Permanent Mission of Latvia to the United Nations Office at Geneva, the Specialized Multi-branch Prosecutor’s Office, the State Police, and the Office of the Representative of the Government of Latvia before International Human Rights Organizations.
The delegation will return to the Committee at 3 p.m. on Friday, 9 November to provide its responses to the questions raised today.
Latvia is among the 145 States parties to the Convention and as such it must present periodic reports to the Committee on how it is implementing the provisions of the Convention.
When the Committee reconvenes at 10 a.m. on Friday, 9 November, it will begin its consideration of the third periodic report of Uzbekistan (CAT/C/UZB/3).
Report of Latvia
According to the second periodic report of Latvia (CAT/C/38/Add.4), the rate of overcrowding at closed prisons is 106.3 per cent, which is caused by objective reasons - during the recent years crimes and particularly serious crimes were registered more frequently, thus the number of individuals sentenced for these criminal offences constantly grows. In compliance with legal acts that are in effect, such individuals start serving their sentences in the lower level of regime at closed prisons where they are to be placed, taking into account security considerations. Given the rapid increase in the number of persons sentenced for serious crimes, prisons fall short of premises to place them. The problem of the shortage of premises is addressed in a long-term basis by the Concept on the Development of Penitentiaries. Also, in 2003-2004 several amendments were made to the Criminal Procedure Code allowing to practically reduce the term from the moment of committing a criminal offence until the guilty is brought to justice, thus allowing completing the investigation and adjudication of criminal cases within shorter terms.
Over the last two years the rate of naturalisation has increased rapidly - at present naturalisation is the most popular way of acquiring Latvian citizenship (nationality). The rate of naturalisation experienced a rapid growth since 2003. The analysis of the causes for this rapid growth rate revealed four main factors influencing naturalisation: the possibility of studying the Latvian language free of charge after the submission of the application for naturalisation; the information campaign conducted by the Naturalisation Board; the reduction of the state fee to LVL 3, which gave possibilities for a large part of the population of Latvia to undergo naturalisation; and the accession of Latvia to the European Union and the NATO. On Asylum the report says that the new Law on Asylum that became effective as of 21 September 2002 defines the protection of asylum seekers. Under the Law on Asylum the alternative status may be granted to persons who are under the threat of a death penalty, corporal punishment, torture, inhuman and degrading treatment or punishment or if there are internal or international armed conflicts in the country. At present, Latvia is well prepared for the admission of asylum seekers. All border checkpoints on the eastern border of Latvia are equipped with premises for potential asylum seekers. In the course of the last seven years 142 persons have asked for asylum, eight persons have been granted the refugee status while nine persons have been accorded alternative protection.
Presentation of Report
INGA REINE, Representative of the Government of Latvia before International Human Rights Organizations, introducing the report, said that the very open, neutral and professional discussion between the Latvian delegation and the Committee in 2003 had triggered a discussion at the national level, following which concrete legal and practical steps had been taken to improve the extent of Latvia’s compliance with the standards set by the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Highlighting the most important developments taken at the national level during the last reporting period, Ms. Reine emphasized that significant progress had been achieved in all areas, the most important being significant improvement of legal regulations and practical situations with conditions of detention and imprisonment, medical assistance, education, protection of victims and others. The new Criminal Procedure Law had been adopted and entered into force in 2005. This new law had established stricter deadlines for investigating and adjudicating cases. In 2007, amendments to the Medical Treatment Law entered into force, introducing a procedure of judicial review of compulsory involuntary placement of patients in the psychoneurological hospitals and their subsequent treatment.
Ms. Reine also noted that Latvia had developed a much more elaborate system of monitoring places, where personal liberty was being limited. Several Ministries and other official bodies had a role to play in monitoring conditions thereof. Another highlight was the establishment of a State Police Unit to analyse the statistics on the offences committed by police officers. Also, significant improvement had been made in monitoring the regime and conditions of juvenile detention.
As a result of economic growth and international support, Latvia had significantly increased budgetary allocations to develop the infrastructure of prisons and other detention facilities, Ms. Reine noted. A number of prisons and police short-term detention centres had undergone renovation. Other important improvements in Latvia included the drafting of a new law in order to ensure compliance with the most recent European Union asylum standards. Also, in 2007 Latvia had completed its reform of military forces by fully transferring to the professional army.
Ms. Reine said that dialogue with international organisations had not only helped the Latvian national authorities in performing critical analysis of the existing situation with the view of identifying areas where improvements were needed, but it had also facilitated better understanding by the international organisations and their representatives of the particular circumstances preceding the restoration of Latvia’s independence. Latvia had now finally overcome the legacy of the totalitarian Soviet Regime in its attitude towards persons deprived of their liberty, as well as places where they were being kept. Still, the work did no stop here, as there was still more to be done to improve compliance with international standards.
Ms. Reine also briefly answered some of the written questions during her statement. She said that the Ministry of Health was providing seminars and training on medical and legal issues, including on human rights. Latvian non-governmental organizations were also included in this process.
On the monitoring of places of detention, she said that several government bodies were looking at the quality of services in places of detention and the human rights issues linked to this issue.
With respect to violence by prisoners, recently a new section had been opened in a prison where first time convicts were separated from other detainees. On gender-based violence, a number of provisions punished family violence and violence against children, and provided protection to victims.
Questions Raised by Committee Experts
CLAUDIO GROSSMAN, the Committee Chairperson serving as Rapporteur for the report of Latvia, asked whether there was any project to explicitly incorporate Article 1 of the Convention into Latvian law? Noting that the Supreme Court of Latvia had differentiated between torment and torture, defining torture as a multiple or prolonged act, it was underscored that this definition did not came out of the Convention and this differentiation created issues with the Convention.
Mr. Grossman also wondered why the provision against crimes and genocide did not include the mention of torture, as crimes against humanity were seen as torture. Other questions included how many complaints had been filed against the police, how many had been confirmed and if there had been more than one disciplinary sentence. Turning to the death penalty, did Latvia envisage signing the second Optional Protocol to the Convention? On child trafficking, were there any safeguards to prevent the return of children, victims of trafficking, to their home country when there was a risk in their home country to be again subjected to trafficking? What other international human rights instruments was Latvia considering acceding to?
NORA SVEAASS, the Committee Expert serving as Co-Rapporteur for the report of Latvia, further asked questions, including on human rights training and whether border police and migration officers received training to enable them to identify potential victims of trafficking? On the monitoring of places for asylum seekers, were the children mentioned in the report unaccompanied minors or children accompanied by their parents? What was the situation of the children in these places? Was Latvia developing an Ombudsman for children?
Ms. Sveaass also asked for an update on the status of a bill trying to deal with involuntary hospitalisation and to safeguard the right of hospitalised persons. With respect to violence in homes and against children, she noted that there was no separation between the two in Latvia and all fell under domestic violence.
Also, since the last gay parade in Latvia had been conducted without problems, this surely meant that there had been a lot of improvements in the Latvian society towards the respect of and non-discrimination against persons with other sexual preferences. Were there any other measures being taken to further strengthen this?
Other Committee Experts asked questions, including where were professional military personnel judged, if there was a need, and if it was in civil or military tribunals; and what was the status of children in Latvia with a stateless father and mother? On the gathering of personal data, one Expert noted that the collection of such statistics had, in several cases, led to an improvement in the dealing with cases of human rights violations and had also helped the Committee to have a better picture of cases, provided they were not misused. Was Latvia re-considering the introduction of such a system? Also, why had there been no sexual violence registered in prisons, was it the fault of the system for information collection? From experience, this form of prisoner violence was one of the most endemic, noted an Expert. Also, several Experts said that the work carried out by the delegation both in the report and the written answers was exemplary.
For use of the information media; not an official record
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