CAT/C/LVA/CO/3-5
acts and that their victims are afforded appropriate redress, in accordance with
article 14 of the Convention;
(d)
Ensure that law enforcement officials are trained in professional
techniques and international standards on the use of force and firearms, which
minimize any risk of harm to apprehended persons, on the absolute prohibition of
torture and ill-treatment and on the liabilities in cases of excessive use of force.
National human rights institution
13.
Recalling its previous concluding observations (para.6) adopted in November 2007,
the Committee is concerned at reports calling into question the independence of the
Ombudsman, the scope of his or her mandate and the financial and staffing capacity to
fulfil the mandate and workload and carry out the functions of an independent national
human rights institution in accordance with the Principles relating to the Status of National
Institutions (the Paris Principles) (art. 2).
The State party should establish a national institution for the promotion and
protection of human rights, with adequate financial and staffing resources, in full
compliance with the Principles relating to the Status of National Institutions (the Paris
Principles) and seek accreditation from the International Coordinating Committee of
National Institutions for the Promotion and Protection of Human Rights.
Domestic violence
14.
While noting amendments introducing aggravating circumstances of violence and
threat of violence in article 48 of the Criminal Law and recalling its previous concluding
observations (para. 20), the Committee remains concerned that domestic violence is not
defined as a specific crime in the Criminal Law and that marital rape is not recognized as a
separate criminal offence. It is also concerned at the absence of protection measures, such
as restraining orders, against perpetrators of domestic violence and physical abuse, at the
inadequate support from the State party in the running of shelters specifically for abused
women and the fact that psychosocial and legal rehabilitation services are provided mainly
by non-governmental organizations (arts. 2, 12, 13, 14 and 16).
The State party should:
(a)
Adopt comprehensive legislation on violence against women that would
establish domestic violence and marital rape as specific offences in the Criminal Law;
(b)
Ensure that all reports of domestic violence, including sexual violence
and violence against children, are registered by the police, that all such incidences of
violence are promptly, impartially and effectively investigated and perpetrators
prosecuted and, if found guilty, punished in accordance with the gravity of their acts;
(c)
Sensitize and train law enforcement personnel in investigating and
prosecuting cases of domestic violence;
(d)
Ensure that victims of domestic, including sexual, violence benefit from
protection, including restraining orders for the perpetrators, and have access to
medical and legal services, including psychosocial counselling, to reparation, including
rehabilitation, and to safe and adequately funded shelters specifically for abused
women, which the State directly runs and supports.
Trafficking in human beings
15.
While welcoming the bilateral agreements on cooperation against trafficking in
persons that the State party has concluded with 20 countries and the adoption of the State
programme for the prevention of human trafficking, the Committee is concerned that the
5