CAT/C/LVA/CO/2
page 5
effectiveness and impact of such training/educational programmes on the reduction
of cases of torture, violence and ill-treatment.
Detention on remand, including pre-trial detention
10.
While noting the new Criminal Procedure Law, which reduces the apprehension phase
from 72 to 48 hours and introduces the system of an investigative judge who shall decide on the
application of detention on remand, as well as reports that the duration of detention on remand
has been reduced, the Committee remains concerned at reports of prolonged periods of detention
on remand, including pre-trial detention, and the high risk of ill-treatment which it entails and
regrets the lack of use of alternatives to imprisonment. While noting that the Law on the
Procedure of Holding Detainees requires the procedure of holding criminal suspects in police
short-term detention cells and sets standards for conditions of detention in these cells, the
Committee is concerned at information that this does not apply to cells in small police stations
where detainees can be held up to 12 hours (arts. 2, 11 and 16).
The State party should take appropriate measures to further reduce the duration of
detention in custody and detention before charges are brought, and develop and
implement alternatives to deprivation of liberty, including probation, mediation,
community service or suspended sentences.
11.
The Committee notes a number of initiatives taken by the State party to improve the
conditions of detention for persons under the age of 18 including in juvenile correctional
facilities, such as the establishment of the Ministry of Children and Family Affairs and the State
Children Rights Protection Inspectorate under its auspices to monitor the regime and conditions
of juvenile detention, and the adoption of the Basic Policy Guidelines for the Enforcement of
Prisons Sentences and Detention of Juveniles for 2007-2013. However, the Committee expresses
its concern at reports that juveniles are often held in pre-trial detention for prolonged periods and
at the high percentage of juveniles remanded in custody (arts. 2, 11 and 16).
The State party should increase its efforts to bring its legislation and practice as
regards the arrest and detention of juvenile offenders fully in line with
internationally adopted principles, including by:
a)
Ensuring that deprivation of liberty, including pre-trial detention, should be
the exception, to be used only as a last resort and for the shortest time possible;
b)
Developing and implementing alternatives to deprivation of liberty, including
probation, mediation, community service or suspended sentences;
c)
Adopting an action plan based on the Basic Policy Guidelines for the
Enforcement of Prisons Sentences and Detention of Juveniles for 2007-2013 and
ensuring the necessary resources for its effective implementation and follow-up; and
d)
Taking further measures to improve the living conditions in detention
facilities, elaborating more contemporary and modern programmes aimed at
re-socialization, and ensuring training of prison personnel to raise their professional
qualification in light of their work with juveniles.