CAT/C/LIE/CO/4
Fundamental legal safeguards
12.
The Committee is concerned that interrogations by police after arrest are not
automatically audio- and video-recorded but are recorded only in specific cases stipulated
by law, such as in cases of interrogation of minors as victims of sexual offences or when
the detained person is not cooperating or shows signs of agitation, as well as at the express
request of the detained person (arts. 2, 12, 13 and 16).
13.
The State party should consider amending the Code of Criminal Procedure
with a view to introducing, as a basic safeguard, the mandatory audio- and videorecording of all police interrogations and questioning as part of efforts to prevent
torture and ill-treatment.
Separation of competences between corrections and investigations authorities
14.
The Committee remains concerned at the continued lack of separation of
competencies in the correctional system of the State party between the Ministry of Justice
and the Ministry of Home Affairs and that penitentiary facilities under the authority of the
Ministry of Justice are not separated from the detention and investigation facilities under
the authority of the National Police (art. 2).
15.
The Committee reiterates its recommendation that the State party consider
amending its legislation to ensure complete separation between the functions of
investigation and detention in order to ensure the full and exclusive competence of the
Ministry of Justice over the penitentiary system, as recommended by the Corrections
Commission with a view to bringing it into line with European and international
standards. There should be a formal and effective separation of premises from those
under the control of the National Police.
Treatment of persons deprived of their liberty
16.
While taking note of the size and holding capacity of Vaduz National Prison, the
Committee is concerned at the continued absence of a full-time nurse or other medical
personnel in the prison. It is also concerned that corrections staff continue to distribute
medicines to persons deprived of their liberty. In addition, the Committee is concerned at
the shortage of space in the prison, which has a negative impact on the work and leisure
activities of prisoners (arts. 2, 11-13 and 16).
17.
The Committee reiterates its recommendation that the State party should
review its policy of health services in Vaduz National Prison and consider the
appointment of a nurse or other medical personnel in order to preserve medical
confidentiality, convey requests of detainees to have a medical examination, control
stocks and ensure that medicines are provided only by qualified medical staff, in line
with international standards. All persons arriving in a penitentiary institution should
be examined by an independent medical doctor within 24 hours of arrival. The State
party should also find a solution to guarantee work and leisure activities of prisoners
to facilitate their return to social life.
Separation of categories of detained persons
18.
While taking note of the arrangements for separation between men and women as
well as juveniles and adults, the Committee remains concerned that there is no separation in
Vaduz National Prison between convicted prisoners and persons detained on remand
(arts. 2 and 11).
19.
The Committee reiterates its recommendation that the State party enhance its
efforts to ensure proper separation of detainees in Vaduz National Prison.
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