CAT/C/LVA/CO/3-5 Torture as a specific criminal offence and the statute of limitations for acts of torture 8. The Committee is concerned that, since torture is not a separate offence under Criminal Law, the penalties for acts of torture have been incorporated into different articles of the Criminal Law, that are not appropriate punishment for such criminal offences, taking into account their gravity. It is also concerned that acts of torture and attempts to commit torture, as well as acts by persons that constitute complicity or participation in torture, are subject to a statute of limitations of 10 years in most cases, which may result in impunity for perpetrators of such acts (arts. 2 and 4). The State party should amend its legislation to include torture as a specific offence in the Criminal Law, with appropriate penalties for acts of torture that take into account their grave nature, as set out in article 4 (2) of the Convention. In addition, the State party should ensure that the prohibition against torture is absolute and that there is no statute of limitations for acts of torture, so that acts of torture and attempts to commit torture and acts by persons which constitute complicity or participation in torture can be investigated, prosecuted and punished without time limitations. Fundamental legal safeguards 9. The Committee is concerned that persons deprived of their liberty do not enjoy in practice all the fundamental legal safeguards against torture and ill-treatment that should be afforded from the very outset of deprivation of liberty, such as access to a lawyer and an independent doctor and the right to inform a relative or person of their choice from the very outset of their detention. It is also concerned at reports of a shortage of lawyers and that lawyers providing “State-ensured legal aid” are reluctant to do so for lack of appropriate remuneration (arts. 2, 12, 13 and 16). The State party should: (a) Take effective measures to guarantee that all detained persons are afforded, by law and in practice, all the fundamental legal safeguards from the outset of their being deprived of liberty, in particular prompt access to a lawyer and, if necessary, to legal aid; that a relative or person of their choice is informed; and access to a medical examination by an independent doctor, if possible a doctor of their choice, in accordance with international standards; (b) Ensure the implementation of regulation No. 1493 on the types and amount of State-ensured legal aid, the amount of payment and the reimbursable expenses related to the provision of legal aid and the amount of and procedures for payment, adopted by the Cabinet of Ministers on 22 December 2009 in order to increase the number of contracted, sworn legal aid attorneys to provide adequate assistance to all persons requiring State-provided legal aid, including in remote rural areas. Pretrial detention 10. While noting the reduction in the number of prisoners and detainees since the adoption of the criminal policy document that came into force on 1 April 2013, the Committee is concerned at information that no amendments were adopted concerning the duration of pretrial detention, including in police custody, during the reporting period. It is also concerned that national law does not provide time limits measured in days or hours, pursuant to which a person may be kept in small police stations (arts. 2, 10 and 16). The State party should: (a) Adopt all necessary measures to reduce the duration of pretrial detention and devise alternative measures to incarceration; 3

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