COMMITTEE AGAINST TORTURE

Forty-first session

Geneva, 3-21 November 2008

 

 

 

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 19 OF THE CONVENTION

 

 

Concluding observations of the Committee against Torture

 

 

LITHUANIA

 

1.   The Committee considered the second periodic report of Lithuania (CAT/C/LTU/2) at its 838th and 841st meetings (CAT/C/SR.838 and 841), held on 4 and 5 November 2008, and adopted, at its 857th meeting (CAT/C/SR.857), the following conclusions and recommendations.

 

A.  Introduction

 

2.   The Committee welcomes the submission of the second periodic report of Lithuania and the information presented therein, and expresses its appreciation for the replies by the State party to the follow-up procedure of the Committee.  The Committee also expresses its appreciation for the State party’s thorough written responses to the list of issues (CAT/C/LTU/Q/2/Add.1), which provided additional information on the legislative, administrative, judicial and other measures taken by the State party to prevent acts of torture and other cruel, inhuman or degrading treatment or punishment.  Furthermore, the Committee notes with satisfaction the constructive efforts made by the multi-sectoral State party delegation to provide additional information and explanation during the dialogue.

 

B.  Positive aspects

 

3.   The Committee welcomes that in the period since the consideration of the last periodic report, the State party, on 5 August 2004, ratified the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, and acceded to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

 

4.   The Committee notes with satisfaction the ongoing efforts at the State level to reform its legislation, policies and procedures in order to ensure better protection of human rights, including the right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment, in particular:

 

 

(a)      The Law on Equal Treatment which came into force on 1 January 2005 with the purpose to ensure the implementation of human rights laid down in the Constitution and to prohibit any direct or indirect discrimination based upon age, sexual orientation, disability, racial or ethnic origin, religion, or beliefs;

 

(b)      The 2007 Law on the Amendment of the Law on Equal Treatment which incorporates the provisions of Council Directive 2000/43/EC of 29 June 2000, implementing the principle of equal treatment between persons irrespective of racial or ethnic origin;

 

(c)       The Code of Conduct of Officers of the Prison Department and Its Subordinate Institutions and the 2004 Code of Ethics for Lithuanian Police Officials, adopted by Order No. 347 of the Commissioner General of the Lithuanian Police;

 

(d)      The 2007 Concept of the Probation System in Lithuania and the plan of implementing measures for this concept; and

 

(e)      The Mental Health Strategy approved by the Seimas on 3 April 2007 and the adoption by the Government on 18 June 2008 of the State Mental Health Strategy Implementation Programme for 2008-2010.

 

 

C.  Principal subjects of concern and recommendations

 

 

 

Definition of torture

 

 

5.   The Committee notes the State party’s statement that under the Lithuanian Criminal Code all acts that may be described as “torture” within the meaning of article 1 of the Convention are punishable, as well as the explanation provided by the delegation in this respect.  However, the Committee is concerned that the State party has not incorporated into domestic law the crime of torture as defined in article 1 of the Convention.  The Committee also regrets the lack of information provided as to whether the offence of torture, which is punishable under other provisions of the Criminal Code, may in some cases be subject to a statute of limitations.  The Committee is of the view that acts of torture cannot be subject to any statute of limitations.  (arts. 1 and 4).

 

 

The State party should incorporate into domestic law the crime of torture and adopt a definition of torture that covers all the elements contained in article 1 of the Convention. By naming and defining the offence of torture in accordance with the Convention and distinct from other crimes, the Committee considers that States parties will directly advance the Convention’s overarching aim of preventing torture, inter alia, by alerting everyone, including perpetrators, victims, and the public, to the special gravity of the crime of torture and by improving the deterrent effect of the prohibition itself.

 

The Committee recommends that the State party review its rules and provisions on the statute of limitations to ensure that they are fully in line with its obligations under the Convention, so that acts of torture as well as attempts to commit torture and acts by any person which constitute complicity or participation in torture, as established by article 1 of the Convention, can be investigated, prosecuted and punished without time limitations.

 

The Committee recommends that the State party take necessary steps to ensure appropriate reception conditions for asylum-seekers with special needs, such as single women or women with children and traumatized asylum-seekers, by providing them with separate accommodation.  The Committee further recommends that medical personnel, social staff in reception centres and others involved in the refugee status determination procedure should receive thorough training and sensitization in respect of victims of torture or ill-treatment in order to identify such cases at an early stage for referral to the appropriate medical and psychosocial services.

 

 

Non-refoulement

 

9.   While noting that article 130 of the Aliens Law provides for prohibition of refoulement, whenever  there are serious  grounds  to believe  that the person  concerned  will be tortured  or subjected to cruel, inhuman or degrading treatment, the Committee notes with concern that the principle of non-refoulement  does not apply with respect to an alien who, for serious reasons, constitutes  a threat to the security of the Republic of Lithuania or has been convicted  by an effective court judgement of a serious or grave crime and constitutes a threat to the public (art. 3)

 

The State party should ensure that it complies fully with article 3 of the Convention and that individuals under the State party’s jurisdiction receive appropriate consideration by its competent authorities and guaranteed fair treatment at all stages of the proceedings, including an opportunity for effective, independent and impartial review of decisions on expulsion, return or extradition.

 

In this respect, the State party should ensure that the relevant judicial and administrative authorities carry out a thorough and exhaustive examination, prior to making any expulsion order, in all cases of foreign nationals who have entered or stayed in Lithuania unlawfully, including individuals who may constitute a security threat, in order to ensure that the persons concerned would not be subjected to torture, inhuman or degrading treatment or punishment in the country where they would be returned.

 

Training

10.  The Committee notes with appreciation the approval of the 2006 Lithuanian Police System Development Programme with the objective, inter alia, to create an integrated management system for the selection, training, qualification improvement and retraining of police personnel, as well as the 2007 Plan of Measures for Implementing the Development Programme.  The Committee also notes the detailed information provided by the State party on training programmes and sessions for law enforcement officials, prison staff, border guards, migration officials, officers of correctional inspection departments, health care specialists and psychologists, etc.  However, the Committee regrets the limited information on monitoring and evaluation of these training programmes and the lack of available information on the impact of the training conducted for all relevant officials, including law enforcement officials, prison staff and border guards, and on how effective the training programmes have been in reducing incidents of torture and ill-treatment (art. 10).

 

The State party should further develop educational programmes to ensure that all officials, including law enforcement officials, prison staff and border guards are fully aware of the provisions of the Convention, that breaches will not be tolerated and will be investigated, and that offenders will be prosecuted.  All relevant personnel should receive specific training on how to identify signs of torture and ill- treatment.  The Committee recommends that the Istanbul Protocol (Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) become an integral part of the training provided to physicians and that the Manual is translated into the Lithuanian language.  Furthermore, the State party should develop and implement a methodology to assess the effectiveness and impact of such training/educational programmes on the reduction of cases of torture, violence and ill-treatment.

 

Pre-trial detention

 

11.   The Committee notes the changes that have occurred in the legal regulation of the operation of police detention facilities, including the approval in May 2007 of the Rules of Procedure of the Detention Facilities of Territorial Police Establishments and the Manual for Security and Maintenance of Detention Facilities of Territorial Police Establishments. The Committee also takes note of the Law on the Execution of Detention which will enter into force on 1 April 2009, which stipulates the conditions for keeping detainees in pre-trial wards and sets forth a clear and direct prohibition to subject a person to torture or cruel or degrading treatment upon the execution of detention.  However, the Committee remains concerned at reports of prolonged pre-trial detention and administrative detention of both minors and adults and the high risk of ill-treatment which it entails, and regrets the lack of use of alternatives to imprisonment (arts. 2, 11 and 16).

 

The State party should take appropriate measures to further reduce the duration of detention in custody and detention before charges are brought, and develop and implement alternatives to deprivation of liberty, including probation, mediation, community service or suspended sentences.

 

 

Conditions of detention

 

12.   The Committee is concerned that notwithstanding the measures taken by the State party to improve conditions of detention, including in the context of the 2004 Programme of Renovation of Detention Facilities and Improvement of Conditions for Persons Held in Detention, there is continuing overcrowding in places of detention, in particular in Pre-Trial Wards and the Hospital of Imprisonment Institutions.  While noting that conditions of detention have improved considerably in recent years, the Committee is concerned at the overall conditions in some prisons and Pre-Trial Wards, including unsuitable infrastructures and unhygienic living conditions. Furthermore, while noting the implementation of violence prevention programmes in places of imprisonment, the Committee is concerned at the occurrence of inter-prisoner violence and lack of statistical data that may provide breakdown by relevant indicators to facilitate the determination of root causes and the design of strategies to prevent and reduce such occurrences (arts. 11 and 16).

 (b)    Try the perpetrators and impose appropriate sentences on those convicted in order to eliminate impunity for law enforcement personnel who are responsible for violations prohibited by the Convention.

 

 

Ill-treatment of conscripts

 

 

15.   While noting the information provided by the delegation, the Committee remains concerned at allegations of ill-treatment of conscripts in the army.  (art. 16)

 

The State party should ensure prompt, impartial and thorough investigations into all allegations of ill-treatment of conscripts in the army and prosecute and punish perpetrators with appropriate penalties. In this respect, the State party should ensure that all examinations of complaints against military personnel are carried out by an independent and impartial body. The State party is encouraged to provide detailed information on the effective measures adopted to prevent and combat such acts.

 

Compensation and rehabilitation

 

16.  While noting the adoption of the Law on the Compensation for the Damage caused by Violent Crimes and the establishment of the Crime Victims Fund, the Committee regrets the insufficient information regarding the number of victims of torture and ill-treatment who may have received compensation and the amounts awarded in such cases, as well as the lack of information on treatment and social rehabilitation services and other forms of assistance, including medical and psycho-social rehabilitation, provided to these victims.  The Committee further regrets the lack of a specific programme to safeguard the rights of victims of torture and ill-treatment (art. 14).

 

The State party should strengthen its efforts in respect of compensation, redress and rehabilitation in order to provide victims with redress and fair and adequate compensation, including the means for as full rehabilitation as possible. The State party should develop a specific programme of assistance in respect of victims of torture and ill-treatment. Furthermore, the State party should provide in its next periodic report information about any reparation programmes, including treatment of trauma and other forms of rehabilitation provided to victims of torture and ill- treatment, as well as the allocation of adequate resources to ensure the effective functioning of such programmes.

 

The State party is encouraged to adopt the proposed amendment to the Law on the Compensation for the Damage caused by Violent Crimes which was submitted to the Seimas on 31 October 2007.

 

17.   The Committee is concerned at the insufficient prosecution and sentencing of those criminally responsible for crimes against humanity, including possible acts of torture, committed during the Nazi and Soviet occupations.  The Committee is also concerned at the lack of information on rehabilitation and other measures provided to the victims (arts. 12 and 14).

 

The Committee considers that failure to prosecute and to provide adequate rehabilitation all contribute to a failure of the State party to meet its obligations under the Convention to prevent torture and ill-treatment, including through educational and rehabilitation measures. The State party should ensure prompt, impartial and thorough investigations into all such motivated acts and prosecute and punish perpetrators with appropriate penalties which take into account the grave nature of their acts, and provide rehabilitation measures to the victims, including steps to prevent impunity.

The State party should increase its efforts to prevent, combat and punish violence against women and children, including domestic violence.  The Committee calls upon the State party to allocate sufficient financial resources to ensure the effective implementation of the State Strategy on the Reduction of Violence against Women and to closely monitor the results achieved.  The State party should adopt a specific type of criminal offence for domestic violence. 

 

The State party is encouraged to participate directly in rehabilitation and legal assistance programmes and it should ensure that all women who are victims of domestic violence have access to a sufficient number of safe and adequately funded shelters.  The State party is also encouraged to conduct broader awareness campaigns for officials (judges, law officers, law enforcement agents and welfare workers) who are in direct contact with the victims.  Furthermore, the Committee recommends that the State party strengthen its efforts in respect of research and data collection on the extent of domestic violence, including its prevalence, causes and consequences.

 

 

Trafficking

 

21.   The Committee recognizes the existence of legislative and other measures to address trafficking in women and children, including for sexual exploitation purposes, such as the Programme for the Prevention and Control of Trafficking in Human Beings for 2005-2008, the establishment, in 2006, of a specialized Department of Investigation of Trafficking in Human Beings at the Police Department under the Ministry of Internal Affairs and the ratification, in 2003, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.  However, the Committee is concerned about persistent reports of cross-border trafficking in women for sexual and other exploitative purposes and it regrets the low number of prosecutions in this respect.  The Committee also regrets that the State party does not have an effective system in place to monitor and assess the extent and impact of this phenomenon or to address it effectively (arts. 2, 10 and 16).

 

The State party should continue to take effective measures to prosecute and punish trafficking in persons, including through the strict application of relevant legislation.  The State party should continue to conduct nationwide awareness- raising campaigns, provide adequate programmes of assistance, recovery and reintegration for victims of trafficking and conduct training for law enforcement officials, migration officials and border police on the causes, consequences and incidence of trafficking and other forms of exploitation.

 

Data collection