CAT/C/LVA/CO/6 Investigation of excessive use of force and ill-treatment by law enforcement officers 24. While noting the establishment in 2015 of the Internal Security Bureau to investigate criminal offences by officials subordinated to the Ministry of the Interior, the Prison Administration, the municipal police and the port police, with the exception of Security Police, and of the Internal Control Bureau by the State Police, both of which are under the supervision of the Ministry of the Interior, the Committee is concerned that complaints of torture and ill-treatment by law enforcement officials are investigated by bodies that have institutional and hierarchical relationships with the perpetrators of those acts (arts. 2, 12, 13 and 16). 25. The State party should: (a) Take appropriate measures to guarantee the independence of the body in charge of conducting investigations of alleged misconduct by police officers and prison staff; ensure that all allegations of torture and ill-treatment are promptly and effectively investigated by that independent body; and ensure that there is no institutional or hierarchical relationship between the body’s investigators and the suspected perpetrators of such acts; (b) Ensure that, in cases of alleged torture or ill-treatment, suspected perpetrators are suspended from duty immediately for the duration of the investigation, to avoid the risk that they might otherwise be in a position to repeat the alleged act, commit reprisals against the alleged victim or obstruct the investigation; (c) Ensure that law enforcement personnel continue to receive training on the absolute prohibition of torture and on the use of force, taking into account the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, and on the investigation of torture and ill-treatment on the basis of the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol); (d) Compile and publish comprehensive and disaggregated statistical information on the number of complaints of torture or ill-treatment, whether such complaints resulted in investigations, which authority investigated the complaints, whether the investigations resulted in the imposition of disciplinary measures and/or prosecutions, the type of punishment imposed, and whether victims have obtained redress; in addition, the State party should provide the Committee with this information in its next periodic report. Domestic violence 26. Recalling its previous concluding observations (CAT/C/LVA/CO/3-5, para. 14), the Committee remains concerned that domestic violence is not still defined as a specific crime in the Criminal Law, and that marital rape is still not recognized as a separate criminal offence. While recognizing the introduction of restraining measures against perpetrators of domestic violence during the period under review, the Committee is concerned about the difficulties that victims have in filing complaints and accessing the authorities for protection measures and separation from the perpetrators, including the single toll-free helpline for victims of crime operated by the Legal Aid Administration, and accessing medical and legal services, including counselling, and about the limited assistance provided to the victims of such acts based on State-funded social rehabilitation services and shelters and crisis centres maintained by the State (arts. 2, 12, 13, 14 and 16). 27. The State party should take measures to ensure that its authorities or other entities refrain from action or omissions that engage the international responsibility of the State party under the Convention, in particular: (a) Amend its legislation to include domestic violence and marital rape as specific crimes in the Criminal Law; ensure that all cases of domestic and genderbased violence are promptly and thoroughly investigated, that the alleged perpetrators are prosecuted and, if convicted, are punished appropriately, and that the victims receive redress, including adequate compensation; and ensure that women who are victims of domestic violence face no legal impediments to immediately 9

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