CAT/C/HRV/CO/4-5
detailed information regarding its extradition and expulsion proceedings and their
compliance with the non-refoulement obligation under article 3 of the Convention.
Implementation of legislation regarding violence against women
16.
While the Committee welcomes the adoption of the Law on Protection against
Domestic Violence and the measures taken for the protection of victims, it is concerned
over reports that when police respond to domestic violence, they at times arrest and even
charge the victim along with the perpetrator, that police officers are not adequately trained
to respond to domestic violence calls, and that misdemeanor judges who preside over these
charges are also poorly equipped to identify the predominant aggressor and have found
domestic violence victims guilty of offences under the above-mentioned law. The
Committee is further concerned at reports that there are not enough adequate facilities
available for women victims of such violence in the State party (arts. 2, 12, 13, 14 and 16).
The State party should ensure that mechanisms are in place to encourage women
victims of violence to come forward, that all allegations of violence are promptly,
thoroughly and effectively investigated, that perpetrators are held accountable, and
that women victims of violence obtain adequate redress, including compensation and
rehabilitation. The State party should provide further specific training for police
officers and for misdemeanour judges on handling domestic violence cases.
Situation of individuals in psychiatric establishments, use of restraint
17.
The Committee welcomes the adoption of the Law on Protection of Persons with
Mental Disorders, but remains concerned over reports of continued use of different means
of physical restraint in psychiatric institutions, including leather or canvas straps fastened
with buckles or magnetic locks employed to attach patients to beds, and straightjackets,
often by personnel who are not specifically trained to apply restraint measures to
psychiatric patients and without clear therapeutic purpose, as well as over reports of the use
of seclusion.
The Committee recommends that: means of restraint should be used only as a last
resort to prevent the risk of harm to the individual or others and only when all other
reasonable options would fail to satisfactorily contain that risk; the staff of psychiatric
establishments should receive appropriate training; any resort to means of restraint
should always be either expressly ordered by a doctor or immediately brought to the
attention of a doctor; and the application of means of restraint should be for the
shortest possible time.
Training of personnel
18.
The Committee takes note of the State party’s information regarding training and
workshops for law enforcement, prison and other officials and medical personnel serving in
the correctional system. It regrets that the State party did not provide information on
gender-specific training, and notes a lack of information on how the State party assesses the
effectiveness of the above training (art. 10).
The State party should provide gender-specific training to medical personnel dealing
with detainees, in particular in pretrial detention facilities, on the identification of
signs of torture and ill-treatment pursuant to the Manual on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (the Istanbul Protocol) and the United Nations Rules for
the Treatment of Women Prisoners and Non-custodial Measures for Women
Offenders (the Bangkok Rules). The State party should develop and implement a
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