8. Long‑standing issues in effective prevention of ill-treatment
»»»»»»» 8. Long‑standing
issues in
effective
prevention
of ill-treatment
We intend to remind the
authorities of our systemic
recommendations and
provide expert assistance
in their implementation.
Independent supervision and effective remedy
In facilities for detention of foreigners, in reception
centres and in psychiatric hospitals where institutional
forensic treatment is provided, there is no supervision
by an independent authority that could provide for a
quick remedy in case of ill-treatment. A person placed
in such an institution can claim enforceable protection
of rights in court, which is often a demanding and long
path. Such a person could invoke violation of Article 13
of the Convention for the Protection of Human Rights
and Fundamental Freedoms. In prisons and facilities of
institutional and protective education, the necessary
authority is vested in the public prosecutor’s office.
The latter supervises compliance with the legal regulations by means of checks and dealing with instigations, and can issue an instruction to release an
individual or to comply with the regulations. The Government Council for Human Rights has prepared a re
commendation for the Government to extend the supervision by the public prosecutor’s office.
See the Defender’s summary report of 2017
To extend the supervision by the public prosecutor’s office, it will be necessary to supplement the Residence of Foreign Nationals Act, the Asylum Act and the Specific Health Services Act.
Combating impunity
Methodical recording of injuries of persons restricted in freedom and reporting the cases
to the competent authorities will substantially contribute to combatting ill-treatment.
Viz the CPT standards available at https://rm.coe.int/16806ccc4d
The credibility of the prohibition of torture and other forms of ill-treatment is always weakened when
persons responsible for such offences are not punished for their acts.
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