CAT/C/LVA/CO/2
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Independent monitoring
14.
The Committee notes information provided on State-guaranteed and NGO-based
monitoring of places where personal liberty is being limited and that article 13, paragraph 3, of
the Ombudsman Law provides the right “at any time and without a special permit to visit closedtype institutions, to move freely within the territory of the institutions, to visit all premises and to
meet in private the persons held in closed-type institutions”. However, the Committee is
concerned at the lack of systematic and effective monitoring of all places of detention and
reiterates its concern noted in paragraph 6 above on the insufficient resources allocated to the
Ombudsman institution. The Committee is also concerned at the lack of a comprehensive listing
of all places of detention, including those of aliens (arts. 2, 11 and 16).
The State party should take the necessary measures to effectively and systematically
monitor all places of detention. The Committee recommends that the State party
develop a comprehensive listing of all places of detention, including places of
detention of aliens, and establish a central register of inmates or, alternatively,
finalize the development of a common database to be used by the Imprisonment
Facility Management Board and the State Probation Service which will allow
tracking down every detainee and/or convicted prisoner within the penitentiary
system, as well as within the probation system.
Conditions in psychiatric institutions and hospitals
15.
The Committee notes the recent amendments to the Medical Treatment Law, introducing
the procedure of judicial review of compulsory involuntary placement of patients in the
psychiatric hospitals and their subsequent treatment, and the establishment of a new modern
ambulatory mental assistance centre in Riga. However, the Committee remains concerned at
conditions in psychiatric institutions and hospitals, including the use of physical restraints and
isolation (arts. 11 and 16).
The State party should review the use of physical restraints, consider establishing
guidelines on the use of such restraints and limit the use of solitary confinement as a
measure of last resort, for as short a time as possible under strict supervision and with a
possibility of judicial review. The State party is encouraged to promptly adopt the draft
programme on improvement of the mental health of the population for 2008-2013.
Use of force and ill-treatment
16.
The Committee expresses its concern at the high number of allegations of use of force
and ill-treatment by law enforcement officials, especially in the course of or in relation to
apprehension, and the low number of convictions in such cases. The Committee is also
concerned that officials accused of torture and ill-treatment seem to be given disciplinary
sanctions or warnings and it regrets the lack of a separate account of such disciplinary sanctions
(arts. 12 and 16).
The State party should take effective measures to send a clear and unambiguous
message to all levels of the police force hierarchy that torture, use of force and illtreatment are unacceptable, including through the enforcement of the 2003
Professional Ethics and Conduct Code of the State Police Personnel, and ensure that
law enforcement officials only use force when strictly necessary and to the extent
required for the performance of their duty. Referring to article 4, paragraph 2, of