CAT/C/LVA/CO/3-5
(b)
Ensure that all complaints of violations with regard to handcuffing are
promptly, effectively and independently investigated and the persons responsible are
held to account.
Redress, including compensation and rehabilitation
22.
The Committee is concerned that there is no explicit provision in domestic
legislation that provides for the right of victims of torture and ill-treatment to fair and
adequate compensation, including the means for as full rehabilitation as possible, as
required by article 14 of the Convention. It is also concerned that specific rehabilitation
services have not been established and regrets the lack of data regarding the amount of any
compensation awards made by the courts to victims of violations of the Convention and on
any treatment and social rehabilitation services provided to victims, including medical and
psychosocial rehabilitation (art. 14).
The State party should amend its legislation to include explicit provisions on the right
of victims of torture and ill-treatment to redress, including fair and adequate
compensation and rehabilitation, in accordance with article 14 of the Convention. It
should, in practice, provide all victims of torture or ill-treatment with redress,
including fair and adequate compensation, and as full rehabilitation as possible,
regardless of whether perpetrators of such acts have been brought to justice. It should
allocate the necessary resources for the effective implementation of rehabilitation
programmes.
The Committee draws the attention of the State party to its general comment No. 3
(2012) on the implementation of article 14 by States parties, which clarifies the content
and scope of the obligations of States parties to provide full redress to victims of
torture.
Persons with disabilities
23.
While taking note of the amendments to the Law on Medical Treatment and trends
toward deinstitutionalization in the State party, the Committee is concerned at information
that disadvantaged or low-income patients accommodated in psycho-neurological medical
institutions who are allowed to leave are unable to do so for lack of living space, work and
means of subsistence (arts. 2, 11 and 16).
The State party should:
(a)
Ensure adequate social conditions, including living space, work and
means of subsistence, for disadvantaged or low-income patients accommodated in
medical institutions to enable them to leave those institutions;
(b)
Establish an independent complaints mechanism and counsel and
effectively, promptly and impartially investigate all complaints of ill-treatment of
persons with mental and psychosocial disabilities in psychiatric institutions, bring
those responsible to justice and provide redress;
(c)
Ensure effective legal safeguards for all persons with mental and
psychosocial disabilities and comply with the recommendations of the Ombudsman
regarding the keeping of records in such a way that a patient’s consent is requested
both in hospitalizing him or her and determining his or her psychiatric medical
treatment in the institutions.
Other issues
24.
The Committee reiterates its recommendation that the State party consider making
the declarations under articles 21 and 22 of the Convention.
9