CAT/C/LTU/CO/3
their rights, the right to have access to a lawyer, the right to an independent doctor and the
right to inform a relative or person of their choice. (arts. 2, 12, 13 and 16)
The State party should take effective measures to guarantee that all detained persons
are afforded, by law and in practice, all fundamental legal safeguards from the outset
of deprivation of liberty, in particular the rights to be informed of and understand
their rights, to prompt access to a lawyer and, if necessary, to legal aid; the right to
notify a member of their family or another appropriate person of their own choice;
and the right to have access to a medical examination by an independent doctor and, if
possible, a doctor of their choice, in accordance with international standards. All
health-related tasks in police stations should be performed by qualified medical
personnel.
Pretrial and administrative detention
11.
The Committee is concerned at the duration of and the high number of persons held
in pretrial and administrative detention and that pretrial detention is not used as a measure
of last resort. It is also concerned that remand prisoners may be returned from prison to
police custody several times and that persons can be held in police arrest houses for long
periods, serving consecutive penalties for administrative offences. In addition, it is
concerned at the placement of minors in “socialization centres”, which amounts to
administrative detention, and their placement in “relaxation rooms” for violations of
discipline, which amounts to solitary confinement. (arts. 2, 10 and 16)
The State party should:
(a)
Adopt all necessary measures to reduce resort to pretrial detention and
its duration, ensure that pretrial detainees are brought before a judge without delay,
and eliminate detention for administrative offences;
(b)
Review “socialization centres” where minors are held in de facto
administrative detention and ensure effective monitoring of such institutions in order
to prevent any breach of the Convention;
(c)
Ensure that there is minimal detention on remand in police stations, even
for a few days, and that persons remanded in custody are always promptly
transferred to a remand centre;
(d)
Take steps, including of a legislative nature, to ensure that prisoners are
not returned to police detention facilities and that each case is subject to the approval
of a prosecutor under judicial oversight;
(e)
Provide training to law enforcement and judicial professionals on
alternatives to incarceration, such as probation, mediation, community service and
suspended sentences, taking into account the provisions of the United Nations
Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules).
Life-sentenced prisoners
12.
While noting the entry into force in 2012 of the Law on Probation, the Committee is
concerned that article 158 of the Criminal Punishment Enforcement Code prohibits lifesentenced prisoners from being released on parole unless the life sentence is replaced by
fixed-term imprisonment. It is also concerned that life-sentenced prisoners are detained
separately from the rest of the prison population. (arts. 2, 11 and 16)
The Committee recommends that the State party take steps to ensure that there is no
blanket prohibition for life-sentenced prisoners to apply for release on parole for good
reasons. Measures should be taken to integrate life-sentenced prisoners into the
general prison population.
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