CAT/C/LVA/CO/3-5
The State party should:
(a)
Take all necessary measures to abide by its obligations under article 3 of
the Convention and refrain from expelling, returning (refouler) or extraditing a
person to another State where there are substantial grounds for believing that he or
she would be in danger of being subjected to torture;
(b)
Ensure that all persons seeking asylum in the State party, including at its
border-crossing points, enjoy all procedural guarantees, including access to legal
assistance and interpreters and the right of appeal against negative decisions;
(c)
Ensure that decisions concerning asylum, including under the
accelerated procedure, can be appealed and have a suspensive effect in order to avoid
the risk of refoulement;
(d)
Use detention of asylum seekers only as a measure of last resort for as
short a period as possible, refrain from detaining minors and revise policy in order to
bring it in line with the Guidelines on the Applicable Criteria and Standards relating
to the Detention of Asylum Seekers and Alternatives to Detention of the Office of the
United Nations High Commissioner for Refugees.
Training
18.
The Committee is concerned at the absence of specific methodologies to evaluate
the effectiveness and impact on a reduction in the number of cases of torture and illtreatment of the training and educational programmes on the absolute prohibition of torture
and ill-treatment and on the provisions of the Convention for law enforcement personnel,
prison staff, border guards, medical personnel, judges and prosecutors. It is also concerned
that training on the Manual on the Effective Investigation and Documentation of Torture
and Other Cruel, Inhuman or Degrading Treatment of Punishment (the Istanbul Protocol) is
not provided to all medical professionals dealing with persons deprived of liberty and
asylum seekers. (art. 10).
The State party should:
(a)
Develop specific methodologies to evaluate the effectiveness and impact
of training and educational programmes on the absolute prohibition of torture and illtreatment provided to law enforcement, prison staff, border guards, medical
personnel, judges and prosecutors;
(b)
Ensure that the Istanbul Protocol is made an essential part of the
training for all medical professionals and other public officials involved in work with
persons deprived of their liberty and asylum seekers.
Conditions of detention
19.
The Committee is concerned (arts. 11, 13 and 16):
(a)
That the material conditions of detention in places of deprivation of liberty
and in particular those that are old, continue to fall short of international standards with
regard to infrastructure, hygiene and sanitary conditions, living space and regime of
activities, in particular for prisoners serving life sentences and remand prisoners;
(b)
At serious deficiencies and considerable delays in the provision of medical,
psychological and dental health care, especially as the latter is at the expense of the
inmates;
(c)
At the material conditions in most police detention facilities, including
limited or no access to natural light and ventilation, unhygienic cells and inadequate
sanitary facilities, which are not in conformity with international standards;
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