Czech and SlQvak Federal Republic
125. The CQmmittee cQnsidered the initial repQrt Qf the Czech and SlQvak
Federal Republic (CAT/C/7/Add.12) at its 93rd and 94th meetings, Qn
14 NQvember 1991 (CAT/C/SR.93 and 94).
127. The repQrt was intrQduced by the representative Qf the State party, whQ
infQrmed the Committee that the November 1989 revolutiQn in his country had
led to the establishment Qf a democratic social system and Qf a State gQverned
by the rule of law. Supplementing the informatiQn cQntained in the report, he
noted that tWQ bills were currently under preparation, one cQncerning the
terms of custQdy and the Qther relating to the establishment of a primarily
civilian police guard to replace the Correction Corps, which had until now
been in charge of enforcement of custody and prison terms. An evaluation of
the skills and moral aptitude of prisQn staff had also been undertaken in 1990
since some of them had been involved in human rights violations befQre the
November 1989 revolution. As a result Qf the evaluation, some 7 per cent of
prison staff had left the prison service in the Czech Republic and a similar
process was under way in the Slovak Republic. Act No. 179/1990 on the
Execution of Prison Sentences, which stressed the need for greater prQtectiQn
Qf the human dignity of convicts, had alsQ been adopted. An investigation
into the situation in corrective institutions in Czechoslovakia by Helsinki
Watch in late 1990 had found that despite some shortcQmings in the material
conditiQns of detention, effQrts were being made by the prison system's
managerial bQdies to reform the conditiQns in prisons and nQ instances of
violations of human rights Qr treatment which WQuld be incQnsistent with the
provisions Qf the Convention had been found. The representative also stated
that major reorganizatiQn of the police force was under way, involving the
establishment of a pQlice CQrps at bQth the Federal and the Republic level.
The aim Qf the reorganizatiQn was to bring the police force under efficient
public contrQl which was tQ be exercised by members of special cQmmittees in
the Federal Assembly and in the national parliaments. Recent legislative
changes relating tQ the QbligatiQns and the duties of police officers included
the principle that an order frQm a superior officer CQuld not justify tQrture
and that the Qffender CQuld nQt evade responsibility fQr the crime.
128. Finally, the representative infQrmed the CQmmittee that his Government
intended tQ withdraw the reservation, made at the time Qf ratificatiQn, to
article 20 Qf the CQnventiQn tQ make the declaratiQn required by article 22 of
the CQnvention and tQ ratify the European ConventiQn for the Prevention of
TQrture and Other Cruel or Degrading Treatment Qr Punishment. His GQvernment
also intended tQ support the elabQration and adQptiQn of an additiQnal
prQtoCQl tQ the ConventiQn against TQrture, establishing internatiQnal
monitoring machinery similar to that Qf the EurQpean CQnventiQn for the
PreventiQn Qf TQrture.
129. Members Qf the Committee, while commending the repQrt and the oral
introductiQn of the representative of the Czech and Slovak Federal RepUblic,
sought clarificatiQns on numerQUS matters, particularly details Qf any
specific provisiQns concerning the prohibitiQn of tQrture in various pieces Qf
legislation, inclUding the Charter Qf Fundamental Rights and FreedQms Qf
9 January 1991. They alsQ wished to know how the laws governing the police
were to be amended; how judges were appointed and hQW the independence Qf the
-27-
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