CAT/C/SVK/CO/3
paragraph 9, that serious discrepancies between the Convention’s definition and that
incorporated into domestic law create actual or potential loopholes for impunity.
Fundamental legal safeguards
8.
The Committee is concerned that detained persons do not enjoy, in practice, all
fundamental legal safeguards from the very outset of their deprivation of liberty, in
particular after arrest by police, and that minors can undergo initial questioning without the
presence of their lawyers, parents or other trusted persons (arts. 2, 12, 13 and 16).
The State party should take effective measures to guarantee that all detained persons,
including minors, are afforded, in practice, all fundamental legal safeguards from the
outset of their deprivation of liberty, in accordance with international standards,
including:
(a)
To be informed, both orally and in writing, in a language that they
understand, about the charges against them and about their rights, and to sign a
paper confirming that they have understood the information provided to them;
(b)
To have prompt access to a lawyer from the very outset of deprivation of
liberty and, if necessary, to legal aid, including during the initial interrogation;
(c)
To have immediate access to an independent medical examination, free
of charge and not in the presence of police officers;
(d)
To notify a family member or any other person of their own choice of
their detention, immediately after apprehension and not only after they have seen a
judge.
Duration of pretrial detention
9.
The Committee is concerned at the length of pretrial detention, which can last up to
five years (arts. 2 and 11).
The State party should amend legislation with a view to reducing the duration of
pretrial detention, which should be used as an exception, applied for limited periods of
time, clearly regulated and subject to judicial supervision at all times in order to
guarantee fundamental legal and procedural safeguards. The State party should
consider replacing pretrial detention with non-custodial measures, in accordance with
the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo
Rules). In addition, the Committee recommends that the State party ensure that
redress and compensation are provided to victims of unjustified prolonged pretrial
detention.
Conditions of detention
10.
The Committee is concerned at the insufficient number of psychiatrists in the prison
system, as well as at the absence of a purposeful regime, including outdoor exercise, for
remand prisoners and in particular for those serving life sentences (arts. 2, 11 and 16).
The Committee urges the State party to take the steps necessary to ensure that prison
conditions are in line with relevant international human rights standards, and, in
particular, to:
(a)
Ensure, with a view to preventing the deterioration of their mental
faculties and social abilities, that all persons deprived of their liberty, and in
particular prisoners serving life sentences, have access to a regime of organized and
purposeful out-of-cell activities, and to take measures to integrate prisoners serving
life sentences into the general prison population;
3