CAT/C/LVA/CO/6
Treatment of Women Prisoners and Non-custodial Measures for Women Offenders
(the Bangkok Rules) and paragraph 67 of the United Nations Rules for the Protection
of Juveniles Deprived of their Liberty, which prohibits the use of solitary confinement
on juveniles. In addition, rule 43 (3) of the Nelson Mandela Rules provides that
disciplinary sanctions or restrictive measures must not include the prohibition of
family contact and that the means of family contact may only be restricted for a
limited time period and as strictly required for the maintenance of security and order,
and never as a disciplinary measure. Lastly, there must be a clear distinction between
administrative segregation and isolation on disciplinary grounds.
Independent monitoring of places of detention
18.
The Committee notes that the Ombudsman is the only human rights-based
mechanism that monitors places of deprivation of liberty. It is also concerned that the
results of visits to places of deprivation of liberty by the Ombudsman are not made public,
that the exact number of visits is not specified and that there is no breakdown of
information concerning the places and types of visits carried out. In addition, the
Committee is concerned that the State party has not ratified the Optional Protocol to the
Convention and that there is no information about whether representatives of independent
national or international mechanisms visit places of deprivation of liberty (arts. 2, 11, 12,
13 and 16).
19.
The State party should:
(a)
Take measures to strengthen the human and financial capacity of the
Ombudsman to effectively carry out systematic visits to all places of deprivation of
liberty, including psychiatric institutions, hold confidential private meetings with
persons deprived of liberty and receive and act on their complaints, and make the
findings public;
(b)
Ensure effective follow-up to the complaints received by the
Ombudsman and the Ministry of Justice regarding conditions of detention;
(c)
Ensure that independent international mechanisms are able to carry out
independent and unannounced monitoring of all places of deprivation of liberty in the
State party in coordination with the Ombudsman and are able to hold confidential
private meetings with the detained persons;
(d)
Take further steps towards ratifying the Optional Protocol to the
Convention.
National human rights institution
20.
While noting the accreditation with A status of the Office of the Ombudsman by the
Global Alliance of National Human Rights Institutions in 2015, the Committee is
concerned that the Office currently lacks the financial resources required to fully and
effectively discharge its mandate, especially if it is to carry out the additional mandate of a
national preventive mechanism. The Committee is also concerned that the staff of the
Office receive lower remuneration than officials in other institutions, and that financial
resources have not been made available to render the building in which the Office is located
accessible to persons with disabilities, since it lacks an elevator (art. 2).
21.
The State party should provide the Office of the Ombudsman with adequate
financial and human resources to enable it to fully discharge its mandate in
accordance with the principles relating to the status of national institutions for the
promotion and protection of human rights (the Paris Principles), especially if it is to
assume the mandate of a national preventive mechanism. The State party should also
ensure that the remuneration of the Office’s staff is not below that of officials in
governmental and other institutions, and that the building in which the Office is
located is rendered accessible to persons with disabilities by installing an elevator. The
State party should ensure that effective, independent and accessible complaints
mechanisms are available to all persons deprived of their liberty and that they are not
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