CAT/C/LVA/CO/2
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the Convention, the Committee underlines that the State party should apply
sanctions that are proportional with the offences, and the State party is encouraged
to initiate the collection of statistics on disciplinary penalties imposed.
Prompt and impartial investigations
17.
While noting that several complaints bodies are mandated to review individual
complaints about police misconduct, the Committee is concerned at the number of complaints of
physical use of force and ill-treatment by law enforcement officials, the limited number of
investigations carried out by the State party in such cases, and the very limited number of
convictions in those cases which are investigated. The Committee also notes with concern that
the offence of torture, which as such does not exist in the Latvian Criminal Code but rather is
punishable under other provisions of the Criminal Code, might in some cases be subject to a
statute of limitations. The Committee is of the view that acts of torture cannot be subject to any
statute of limitations (arts. 1, 4, 12 and 16).
The Committee recommends that the State party:
(a)
Strengthen its measures to ensure prompt, impartial and effective
investigations into all allegations of torture and ill-treatment committed by law
enforcement officials. In particular, such investigations should not be undertaken by
or under the authority of the police, but by an independent body. In connection with
prima facie cases of torture and ill-treatment, the alleged suspect should as a rule be
subject to suspension or reassignment during the process of investigation, especially
if there is a risk that he or she might impede the investigation;
(b)
Try the perpetrators and impose appropriate sentences on those convicted in
order to eliminate impunity for law enforcement personnel who are responsible for
violations prohibited by the Convention; and
(c)
Review its rules and provisions on the statute of limitations and bring them
fully in line with its obligations under the Convention, so that acts of torture as well
as attempts to commit torture and acts by any person which constitute complicity or
participation in torture, can be investigated, prosecuted and punished without time
limitations.
Compensation and rehabilitation
18.
While noting information on treatment and social rehabilitation services provided to,
inter alia, detainees and children victims of violence, the Committee regrets the lack of a specific
programme to safeguard the rights of victims of torture and ill-treatment. The Committee also
regrets the lack of available information regarding the number of victims of torture and illtreatment who may have received compensation and the amounts awarded in such cases, as well
as the lack of information about other forms of assistance, including medical or psycho-social
rehabilitation, provided to these victims (art. 14).
The State party should strengthen its efforts in respect of compensation, redress and
rehabilitation in order to provide victims with redress and fair and adequate
compensation, including the means for as full rehabilitation as possible. The State
party should develop a specific programme of assistance in respect of victims of
torture and ill-treatment. Furthermore, the State party should provide in its next