A/66/44
(6)
The Committee also welcomes the efforts being made by the State party to improve
its policies and procedures in order to ensure greater protection of human rights and give
effect to the Convention, including:
(a)
prison”;
Introduction of an alternative form of penal sanction referred to as “weekend
(b)
Publication of a brochure on the “Notice of Rights to the Person Who Has
Been Arrested” in 2009;
(c)
Adoption of a resolution on the prevention of domestic violence for the
period of 2009–2014.
C.
Principal subjects of concern and recommendations
Definition and offence of torture
(7)
While welcoming the introduction of a new provision defining and criminalizing
torture which contains all the elements specified in article 1 of the Convention, the
Committee remains concerned that the crime of torture is subject to a statute of limitation
(arts. 1 and 4).
The Committee urges the State party to amend article 90 of its Penal Code with a view
to abolishing the statute of limitation for the crime of torture. The State party should
also ensure that such offence is punishable by appropriate penalty which takes into
account its grave nature, as set out in article 4, paragraph 2, of the Convention.
Fundamental legal safeguards
(8)
While noting that under article 148 of the Criminal Procedure Act there is a
possibility for audio and video-recording of interrogations, the Committee is concerned that
the audio- and video-recording generally does not take place as there is no requirement
therefore in law3 (art. 2).
The Committee recommends that the State party establishes the legal requirement for
the audio and video recording of all interrogations of detainees throughout the country
as a further means to prevent torture and ill-treatment.
(9)
While noting that the State party introduced a computerized system for registration
of all information related to detention by the police, the Committee is concerned that not all
information is entered in the system, as certain information — such as the time of arrival at
the police station and the time of placement in a cell — is missing4 (art. 2).
The Committee recommends that the computerized system for registration of
detainees be expanded in order to include all relevant information on the custody of
the detained person in order to establish a precise monitoring system of the whole
detention period.
Pretrial detention and court backlog
(10) The Committee welcomes the “Lukenda” project and other measures taken by the
State party aimed at reducing the court backlog, but remains concerned about the high
proportion of remand prisoners awaiting for trials which, according to the statistics
provided by the State party, has not decreased in the last five years (art. 2).
3
4
GE.11-45568
See report to the Slovenian Government on the visit to Slovenia carried out by the European
Committee for the Prevention of Torture and Inhuman Degrading Treatment CPT/Inf (2008) 7, para.
24.
See CPT/Inf (2008) 7, para. 25.
119
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