A/65/44
Independence of the judiciary
(7)
The Committee is concerned that judges are appointed by the President of Slovakia
on the basis of a proposal by the Judiciary Council, as some of the members of the
Judiciary Council are appointed and dismissed by the President of the Republic and the
Government (art. 2).
The State party should guarantee the full independence of the Judiciary Council in
order to ensure the independence of the judiciary. In this respect, the Committee
recalls the Basic Principles on the Independence of the Judiciary adopted in Milan in
1985 and endorsed by the General Assembly in its resolutions 40/32 and 40/146.
Non-refoulement and risk of torture
(8)
The Committee is concerned that, according to section 13 of the asylum law, persons
considered to be a threat to national security or a danger to the community are not protected
by the principle of non-refoulement, which may expose them to a risk of torture or other
cruel, inhuman or degrading treatment or punishment. It is also concerned at the very low
rate of successful asylum applications (art. 3).
The State party should adopt urgently the measures, especially legal ones, necessary to
ensure protection of the rights of all asylum-seekers and persons seeking refugee
status. Furthermore, the State party should apply the non-refoulement principle
without any discrimination or exception.
Complaints, investigations, prosecutions and convictions
(9)
While noting that the Inspection Service Office is managed by the Minister of the
Interior and allegedly independent of the police, the Committee is concerned that alleged
unlawful acts committed by the police, including torture and ill-treatment, are investigated
by police officers of the Inspection Service Office. In this respect, the Committee is
concerned that very few complaints against police officers are accepted and investigated
and lead to prosecution and convictions (arts. 12 and 13).
The State party should further strengthen the independence of the Inspection Service
Office by, inter alia, including independent experts drawn from outside the police so
as to ensure that allegations of torture and other cruel, inhuman or degrading
treatment or punishment are promptly, impartially, thoroughly and effectively
investigated.
Independent monitoring
(10) The Committee regrets the lack of information on whether there is an independent
body in the State party that has the right to, inter alia, undertake unannounced visits to all
places of deprivation of liberty, including police stations and pretrial detention facilities
(arts. 2, 11 and 16)
The State party should ensure that fully independent monitoring, including
unannounced visits, of all places of deprivation of liberty takes place on a regular
basis. It should also ensure that any mechanism established for this purpose, at the
local or national level, has an appropriate mandate and adequate resources.
Training
(11) The Committee notes the State party’s efforts with respect to training of law
enforcement officers. However, it is concerned at the effectiveness of this training in the
light of the high number of alleged cases of harassment and ill-treatment during both arrest
and police custody, particularly of Roma suspects. It is also concerned that training
programmes for medical personnel for the identification and documentation of cases of
torture in accordance with the Istanbul Protocol may be inadequate (arts. 10 and 11).
48
GE.10-44721
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents