CAT/C/LIE/CO/3
Domestic violence
30.
The Committee notes with appreciation that the State party has approved the
proposal for a revision of its sexual criminal law which will include domestic violence as an
ex officio prosecution. The Committee is concerned, however, that offences of domestic
violence are not statistically recorded as such in the crime statistics of the State party, since
domestic violence is a collective term for several offences that may also be committed in
another environment. Therefore, the State party is unable to provide any information on the
number of cases of domestic violence and on the number of investigations, prosecutions
and convictions as well as on the number of cases where redress was awarded by the courts.
The Committee is also concerned at reports of allegations of violence against women,
including spousal abuse. According to the police, there were 32 police interventions in
cases of domestic violence during 2009. Regrettably, there has been no information as to
any investigations, prosecutions and convictions of the perpetrators undertaken by the
appropriate authorities of the State party (arts. 1, 2, 12 and 16).
The State party should ensure ex officio prosecution for all forms of domestic violence
in its revised sexual criminal law. The State party should also ensure prompt and
impartial investigation of all allegations of domestic violence and should prosecute
and punish perpetrators. The Committee urges the State party to take all necessary
measures to ensure that victims are effectively compensated and rehabilitated, noting
the important role of the Victims Assistance Office in this regard. The State party
should also strengthen its efforts in respect of research and data collection on the
extent of domestic violence and is requested to provide the Committee with statistical
data on complaints, prosecution and sentences, as well as on compensation, including
full rehabilitation, awarded to victims in its next periodic report.
Trafficking in persons
31.
The Committee notes the high number of foreign women engaged as dancers in
seven nightclubs operating in the State party and that many of them originate from “origin
countries” that top the list of human trafficking. While noting that no cases of human
trafficking were recorded, the Committee is concerned at information that suggests that
trafficking in women have occurred but was not reported. While welcoming the measures
taken by the State party to prevent human trafficking and sexual exploitation in such
settings, including mandatory information sessions for new dancers on their rights and
duties, and the regular inspections of night clubs by the National Police and the
Immigration and Passport Office, the Committee is concerned that the State party has not
initiated any ex officio investigations into suspected cases of trafficking or undertaken a
comprehensive analysis to fully assess the situation of this group of women who remain
vulnerable to abuse and violations. This is particularly important in view of reports that,
while prostitution is illegal in the State party, it was “tolerated” in nightclubs by the law
enforcement agencies as it did not cause public offence (arts. 2, 14 and 16).
The State party should initiate an analysis on the phenomenon of foreign women
working as dancers in nightclubs and strengthen its efforts to prevent and combat
human trafficking, including by investigating any allegation of suspected cases of
human trafficking and provide victims with an effective remedy for fair and adequate
compensation, including the means for as full rehabilitation as possible.
32.
The Committee recommends that the State party ratify the core United Nations
human rights treaties to which it is not yet party, namely, the International Convention on
the Protection of the Rights of All Migrant Workers and Members of Their Families, the
Optional Protocol to the International Covenant on Economic, Social and Cultural Rights,
the Convention on the Rights of Persons with Disabilities and its Optional Protocol, and the
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