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.
Pretrial 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 pretrial wards and sets forth a
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