CAT/C/LVA/CO/6
31.
The State party should:
(a)
Abide by its obligations under article 3 of the Convention and ensure
that, in practice, no one may be expelled, returned or extradited to another State
where there are substantial grounds for believing that he or she would be in danger of
being subjected to torture or ill-treatment;
(b)
Ensure that procedural safeguards against refoulement are in place and
that all persons in need of international protection receive appropriate treatment at
all stages, including at border crossings, and can benefit promptly from free legal aid,
in particular in case of appeal against refusal of entry or registration; and ensure that
appeals against decisions concerning asylum have suspensive effect;
(c)
Ensure the creation of an effective mechanism to promptly identify
victims of torture among asylum seekers and exempt them and other persons with
specific needs, such as children, pregnant women and nursing mothers, from
detention;
(d)
Ensure that the detention of children is a measure of last resort and is
used for the shortest appropriate period, promote the application of non-custodial
measures, and ensure appropriate reception of persons in immigration detention
centres and that living conditions are in conformity with international standards;
(e)
Consider taking additional legal, policy and practical steps to facilitate
the naturalization and integration of non-citizens.
Training
32.
While noting the information provided by the State party that training on human
rights is provided on a regular basis to a number of officials, the Committee is concerned
that public officials such as law enforcement officers, judges, prosecutors, court officials,
lawyers, medical personnel, prison staff, military and intelligence officers and security
guards may not receive mandatory specific training on the provisions of the Convention and
the absolute prohibition of torture. It is also concerned that medical professionals may not
all receive training on the Istanbul Protocol (art. 10).
33.
The State party should:
(a)
Develop mandatory initial and in-service training programmes to ensure
that all public officials are well acquainted with the provisions of the Convention,
especially the absolute prohibition of torture and ill-treatment, and that they are fully
aware that violations will not be tolerated and will be investigated and that those
responsible will be prosecuted and, if convicted, punished appropriately;
(b)
Ensure that the absolute prohibition of torture and ill-treatment is fully
included in the rules and instructions issued with regard to the duties and functions of
any such person;
(c)
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;
(d)
Provide the Committee with information about the training provided to
police officers on new interrogation techniques, and whether it covers methods of
investigation that rely on scientific evidence and non-coercive interrogation
techniques, and about training on the Code of Conduct for Law Enforcement Officials
and the Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials;
(e)
Provide information about how the results of the surveys and
assessments of the training programmes provided to public officials are taken into
consideration when designing additional training programmes for specific law
enforcement personnel.
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