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