CAT/C/LTU/CO/3
(g)
Plan of Implementing Measures 2009–2017 in relation to the Strategy for the
Renovation of Places of Imprisonment;
(h)
National Programme for Prevention of and Response to Violence against
Children 2011–2015;
(i)
National Programme for the Prevention of Domestic Violence and for Victim
Support 2014–2020.
C.
Principal subjects of concern and recommendations
Definition of torture
7.
Recalling its previous concluding observations (CAT/C/LTU/CO/2, para. 5), the
Committee is concerned that the definition of torture as contained in article 1 of the
Convention has not been incorporated into national law, which may create loopholes for
impunity, as outlined in general comment No. 2 (2007) on the implementation of article 2
by States parties. (art. 1)
The State party should amend its legislation to include in the Criminal Code a
definition of torture that is in conformity with the Convention and covers all the
elements contained in article 1, including the inflicting of torture on a person for such
purposes as obtaining from him or a third person information or a confession,
punishing him for an act he or a third person has committed or is suspected of having
committed, or intimidating or coercing him or a third person, or for any reason based
on discrimination of any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a public official or other person
acting in an official capacity.
Torture as a specific criminal offence
8.
The Committee is concerned that since the Criminal Code does not contain a
separate article for penalizing torture, the penalties for acts of torture have been
incorporated into different articles of the Criminal Code, and are not appropriate
punishment for such criminal offences, taking into account their gravity. In addition, the
Committee is concerned that article 103 of the Criminal Code, which provides for criminal
liability for individuals who inflict torture, only covers persons protected under
international humanitarian law. (arts. 2 and 4)
The State party should amend its legislation to include torture as a specific offence in
the Criminal Code, with appropriate penalties for acts of torture that take into
account their grave nature, as set out in article 4, paragraph 2, of the Convention.
Statute of limitations for acts of torture
9.
The Committee is concerned that paragraph 5 of article 95 of the Criminal Code,
which lists crimes that are not subject to a statute of limitations, includes acts of torture
only against persons protected under international humanitarian law. (arts. 2 and 4)
The State party should ensure that there is no statute of limitations for acts of torture,
including with regard to persons not protected under international humanitarian law,
so that acts of torture and attempts to commit torture can be investigated, prosecuted
and punished without a time bar.
Fundamental legal safeguards
10.
The Committee is concerned that detained persons do not enjoy in practice all the
fundamental legal safeguards against torture and ill-treatment that should be afforded from
the very outset of deprivation of liberty, such as the right to be informed of and understand
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