CAT/C/CUB/CO/2 In the light of its previous recommendation (A/53/44, para. 118 (e)), the Committee considers it essential that legislative measures be adopted to guarantee the independence of the judiciary. The Committee also recommends that the State party should ensure compliance with the Basic Principles on the Role of Lawyers (Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August to 7 September 1990 [A/CONF.144/28/Rev.1], p. 118). Psychiatric institutions 19. The Committee notes the information provided by the State party regarding the content of the judgement delivered by the Second Criminal Division of the People’s Court in Havana on 31 January 2011 in the case brought against the director, deputy directors and other employees of the Havana Psychiatric Hospital following the death of 26 patients from hypothermia in January 2010. The Committee regrets that it has not received the information requested about the redress and compensation measures ordered by the courts and actually provided to the families of the victims and other patients affected. Although it notes that the Ministry of Public Health has a plan to improve the efficiency of this institution, the Committee has received no information on the content of the plan. Lastly, the Committee regrets that it has received no statistical data on the number of persons with psychosocial disabilities that are currently receiving forced medical treatment (arts. 2, 11, 14 and 16). The Committee urges the State party to provide information about the redress and compensation measures ordered by the courts and actually provided to the victims and/or their families in relation to the deaths that occurred in the Havana Psychiatric Hospital in 2010. The State party should take the necessary steps to resolve any deficiencies that might exist in the psychiatric hospital network and ensure that events of this type do not recur. The Committee recommends that an analysis of the way in which psychiatric institutions operate in practice be undertaken as a matter of urgency, by means of external and internal audits of the institutions involved, with a view to adopting legislative and administrative measures to ensure that the guarantees required to prevent torture are applied in practice. Civil society actors at risk 20. The Committee notes that the State party denies that there has been an increase in the number of political opponents, human rights activists and independent journalists placed in short-term detention without a court order, as reported to the Committee by human rights organizations. However, given the lack of official data, the Committee remains seriously concerned about the continuing reports of arbitrary detention for short periods, the use of ambiguous criminal concepts such as “pre-criminal social dangerousness” to justify the imposition of security measures, restrictions on freedom of movement, intrusive surveillance, physical aggression and other acts of intimidation and harassment allegedly committed by officers of the National Revolutionary Police and members of State security bodies. The Committee is also concerned about reports that “acts of repudiation” continue to occur outside the homes of members of the Unión Patriótica de Cuba and the Ladies in White group, among others. The Committee regrets the State party’s reluctance to submit comprehensive information about the incidents referred to in the list of issues and the measures taken to prevent coordinated action of this kind, in which assumed collusion between the harassers and the police authority is apparent (arts. 2 and 16). In the light of its previous concluding observations (A/53/44, para. 11), the Committee urges the State party to: 8 GE.12-43596

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