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COMMITTEE AGAINST TORTURE BEGINS REVIEW OF THIRD PERIODIC REPORT OF THE CZECH REPUBLIC
04 May 2004
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Committee against Torture 4 May 2004
The Committee against Torture this morning began its review of the third periodic report of the Czech Republic by hearing a Government delegation say that encouraging developments in the penal system had been achieved and that a penal policy had been adopted to provide a higher use of alternative methods of punishment other than imprisonment.
Introducing his country’s report, Jan Jarab, Government Commissioner for Human Rights of the Czech Republic, said that during the reporting period, there had been some encouraging developments in the penal system – developments at the level of national law, policies, as well as practical changes.
Mr. Jarab said some changes in national law were closely linked to a major shift in the penal policy that aimed to provide for a much more differentiated approach and a higher use of alternative methods of punishment other than imprisonment. The shift in the penal policy had already produced practical results: a marked decrease in the overall number of prison inmates. It had also enabled the further improvement of conditions inside prisons and the increase in the number of prison guards, he added.
Sayed Kassem El Masry, the Committee Expert who served as Rapporteur on the report, said among other things that the Czech Republic had made great progress in fulfilling the aspirations of its people. The far-reaching amendments of the legislation would provide guarantees to the asylum regime and other vulnerable groups such as the Roma communities. The introduction of external supervision of prison systems and the establishment of the Human Rights Commission would give impetus to the overall improvement of the penal regime.
A major concern referred to by Mr. El Masry was the situation of the Roma, whom he said were caught in a spiral of violence and poverty, including social segregation. Reported police violence against the members of the Roma community had been highlighted and according to one non-governmental organization, there was a strange reluctance on the part of the police to hear complaints about violence against the Roma.
Claudio Grossman, who served as Co-Rapporteur on the report, and other Committee Experts raised a number of questions, among other things, on training on the prevention of torture; investigation of police offences; the lack of compensation for torture victims; the unregulated situation of military prisons; the alleged practice of coercive sterilization and forced abortions of Roma women; and the reported placing of Roma children in schools meant for mental health patients.
In a brief response, the head of the Czech delegation said that the Roma were the most disadvantaged and stigmatized group in the Czech Republic. With regard to alleged coercive sterilization of Roma women and forced abortions, he said that in the absence of a single case signaled to the authorities, no investigation had ever been carried out.
The delegation of the Czech Republic will provide more responses when it returns to the Committee at 3 p.m. on Wednesday, 5 May.
Other members of the Czech delegation were Bohuslav Burkiewicz, First Deputy-Director, General Directorate of Prison Services; Radim Bures, Deputy-Director, Department for Crime Prevention, Ministry of the Interior; Jana Svecova, Director, Department of European Integration and European Programmes, Ministry of Education, Youth and Sports, Lukas Machon, Third Secretary, Permanent Mission of the Czech Republic in Geneva; Jana Mareckova, Desk Officer, Office of the Government Commissioner for Human Rights; and Jan Kaminek, Desk Officer, Department of Human Rights, Ministry of Foreign Affairs.
As one of the 136 States parties to the Convention, the Czech Republic must submit periodic reports to the Committee on measures it has taken to prevent and fight any incidents of torture as provided by the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
After adjourning its consideration of the report, the Committee discussed organizational matters, including preparing lists of issues to be sent to States parties whose reports were scheduled for review.
When the Committee reconvenes in public at 10 a.m. on Wednesday, 5 May, it will take up the second periodic report of Monaco (CAT/C/38/Add.2).
Report of the Czech Republic
The third periodic report of the Czech Republic (CAT/C/60/Add.1), notes that during the reporting period from January 1998 to December 2001, the State party adopted new measures aimed at eliminating some of the persisting shortcomings that hampered the consistent implementation of its international legal obligations and internal norms, thus contributing to a further improvement of the situation in this particular sphere. It provides further information on follow-up to the Committee’s concluding observations and recommendations on previous reports of the State party.
The report notes that the penal code defines the criminal act of torture or other inhuman and cruel treatment. It says that he who causes to another person physical or mental suffering through torture or other inhuman and cruel treatment in connection with the exercise of his powers of a State authority shall be punished by imprisonment for six months to three years. One to five years’ imprisonment shall be imposed on a perpetrator who committed such an act as a public official, together with at least two other persons, or who keeps committing such an acts for a longer period of time. If somebody causes death by this act, he or she shall be punished by imprisonment lasting from 8 to 15 years.
Further, the report says that the Police Act regulates the placement of a detainee in a police cell. The legal regulations governing detention for the purpose of terminating aliens’ residence or banishing them pursuant to the Police Act were followed by the Alien Act, which regulates administrative banishment by establishing a special facility for detaining aliens and stipulating the rights and freedoms of persons in such facilities. The police are authorized to detain aliens and place them in custodial arrest, once they receive notification of the start of the procedure on administrative banishment and if there was a danger that they might jeopardize the security of the State.
Any person claiming to have been subjected to torture is entitled to lodge a complaint to the direct superior of the police officer at whom the complaint is leveled or to any other superior police official, the Police President included, the report says. Criminal offences committed by police officers are investigated by the State Prosecuting Attorney’s Office, which guarantees impartiality of the investigations.
Presentation of Report
JAN JARAB, Government Commissioner for Human Rights of the Czech Republic, said that during the reporting period, there had been some encouraging developments in the penal system – developments on the level of national law, policies, as well as practical changes. The Act on Serving Prison Terms, which defined conditions in prisons, had been subsequently amended, making it far less strict and more favourable to prison inmates on a number of issues. The current law ensured that the imprisoned individual should never be thrust in a situation where he was stripped of all financial resources and driven into being dependent on those who might degrade his dignity and drive him to the vicious circle of crime.
Other changes in national law were closely linked to a major shift in penal policy that aimed to provide for a much more differentiated approach and a higher use of alternative methods of punishment other than imprisonment, Mr. Jarab continued. The law on probation and mediation, and the de facto establishment of the Probation and Mediation Service might be quoted as examples. The shift in penal policy had already produced practical results: a marked decrease in the overall number of prison inmates. It also enabled the further improvement of conditions inside prisons and the increase of the number of prison guards.
Mr. Jarab said the Czech Police had launched a new strategy to deal with members of national minorities, which should minimize the potential for insensitive handling of individuals belonging to minorities, Roma, for instance, either as offenders or as victims or witnesses of various offences. Steps had been taken to improve conditions in detention centers for foreigners.
Discussion
SAYED KASSEM EL MASRY, the Committee Expert who served as Rapporteur on the report of the Czech Republic, said, among other things, that the Czech Republic had made great progress in fulfilling the aspirations of its people. The far-reaching amendments to the legislation would provide guarantees to the asylum regime and vulnerable groups such as the Roma. The introduction of external supervision of prison systems and the establishment of the Human Rights Commission would give impetus to the overall improvement of the human rights situation.
During its consideration of the previous periodic report, the Committee had recommended that relatives of persons who were arrested should be notified, Mr. El Masry recalled. The current report did not say if this guarantee was now provided to the detainee. The report also did not give any indication whether a physician was at the disposal of a detainee immediately after his or her arrest. The Police Act was not clear on that issue.
With regard to trafficking in human beings, Mr. El Masry said the European Commission report on the issue had indicated that the penal code did not expressly define trafficking in persons. Legislation should be brought in line with the United Nations standard on the issue.
Another major concern was the situation of the Roma, Mr. El Masry said. The Roma were caught in a spiral of violence and poverty, including social segregation, according to the report of the European Commission. Police violence against the members of the Roma community had been highlighted. According to one non-governmental organization, there was a strange reluctance on the part of the police to hear complaints of violent acts committed against the Roma. There were also deficiencies in courts with regard to cases lodged by the Roma. A court had released three people who threw a bomb against the Roma community, for example. Stigmatization of the Roma had been indicated at all levels of the judicial system: Roma law offenders received more sentences than other Czech offenders.
With regard to racially motivated violence in prisons, the report had said such incidents did not take place. Concerning the asylum regime, the Government had accomplished an enormous undertaking, Mr. El Masry said. It was excellent news to hear that the principle of non-refoulement was applicable. However, the detention of foreigners for the purpose of deportation had been of concern. The detention of the foreigners was considered as a coercive measure to discourage others from coming to the country. The detainees were kept behind bars without leaving their cells for recreation. The duration of detention might be undetermined. After a hunger strike by such foreigners in the Balcova prison and a recommendation by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the situation had changed a little. However, the situation was still far from satisfactory.
CLAUDIO GROSSMAN, the Co-Rapporteur on the report of the Czech Republic, said among other things that he appreciated the positive developments that had taken place in the country with regard to the amendment of legislation. On the execution of the sentence of banishment custody, he asked how it worked. The report did not mention anything about training with regard to the prevention of torture. He also asked about the money sent to a prisoner from his relatives to relieve his cost of imprisonment. Why was it that the non-criminal nature of complaints against the police officers remained in the hands of the police while criminal offences committed by the police officers were investigated by the inspection of the Minister of the Interior. He asked why no compensation had ever been paid to victims of acts of torture or ill treatment.
Other Committee Experts also asked a number of questions. They asked, among other things, about the use of handcuffs when prisoners were presented to psychiatrists; the medical services in prisons, that should be under the Ministry of Health and the Ministry of Justice; the unregulated situation of military prisons; the reported practice of coercive sterilization and forced abortion of Roma women; the alleged placing of Roma children in schools meant for mental health patients; the tripling since 1998 of acts of racial discrimination in the country; the investigation of police offences by the police, without an independent mechanism; the deprivation of citizenship and the state of statelessness; and the existence of an emergency procedure to consider requests of asylum seekers.
Response
In a brief response to the questions raised by Committee Experts, the head of the Czech delegation said the Roma were the most disadvantaged and stigmatized group in the Czech Republic. Roma who were better educated and successfully integrated into society were likely to choose Roma as their national identity, while less integrated Roma mostly did not understand the concept of national identity, often confusing it with citizenship. There were an estimated 150,000 to 250,000 Roma in the country. Police collusion with the skinheads or other racist and extremist groups rarely occurred, but prejudice against Roma appeared to be widespread.
On the issue of alleged sterilization, the delegation said it was a frustrating issue which had been brought to the attention of the Government. However, in the absence of even a single case signaled to the authorities, no investigation had ever been carried out. Neither the State authorities nor the Ombudsman had received such complaints from anyone affected by coercive sterilization. Also, abortions had never been related to ethnicity, only to specific medical health reasons.
* *** *
The Committee against Torture this morning began its review of the third periodic report of the Czech Republic by hearing a Government delegation say that encouraging developments in the penal system had been achieved and that a penal policy had been adopted to provide a higher use of alternative methods of punishment other than imprisonment.
Introducing his country’s report, Jan Jarab, Government Commissioner for Human Rights of the Czech Republic, said that during the reporting period, there had been some encouraging developments in the penal system – developments at the level of national law, policies, as well as practical changes.
Mr. Jarab said some changes in national law were closely linked to a major shift in the penal policy that aimed to provide for a much more differentiated approach and a higher use of alternative methods of punishment other than imprisonment. The shift in the penal policy had already produced practical results: a marked decrease in the overall number of prison inmates. It had also enabled the further improvement of conditions inside prisons and the increase in the number of prison guards, he added.
Sayed Kassem El Masry, the Committee Expert who served as Rapporteur on the report, said among other things that the Czech Republic had made great progress in fulfilling the aspirations of its people. The far-reaching amendments of the legislation would provide guarantees to the asylum regime and other vulnerable groups such as the Roma communities. The introduction of external supervision of prison systems and the establishment of the Human Rights Commission would give impetus to the overall improvement of the penal regime.
A major concern referred to by Mr. El Masry was the situation of the Roma, whom he said were caught in a spiral of violence and poverty, including social segregation. Reported police violence against the members of the Roma community had been highlighted and according to one non-governmental organization, there was a strange reluctance on the part of the police to hear complaints about violence against the Roma.
Claudio Grossman, who served as Co-Rapporteur on the report, and other Committee Experts raised a number of questions, among other things, on training on the prevention of torture; investigation of police offences; the lack of compensation for torture victims; the unregulated situation of military prisons; the alleged practice of coercive sterilization and forced abortions of Roma women; and the reported placing of Roma children in schools meant for mental health patients.
In a brief response, the head of the Czech delegation said that the Roma were the most disadvantaged and stigmatized group in the Czech Republic. With regard to alleged coercive sterilization of Roma women and forced abortions, he said that in the absence of a single case signaled to the authorities, no investigation had ever been carried out.
The delegation of the Czech Republic will provide more responses when it returns to the Committee at 3 p.m. on Wednesday, 5 May.
Other members of the Czech delegation were Bohuslav Burkiewicz, First Deputy-Director, General Directorate of Prison Services; Radim Bures, Deputy-Director, Department for Crime Prevention, Ministry of the Interior; Jana Svecova, Director, Department of European Integration and European Programmes, Ministry of Education, Youth and Sports, Lukas Machon, Third Secretary, Permanent Mission of the Czech Republic in Geneva; Jana Mareckova, Desk Officer, Office of the Government Commissioner for Human Rights; and Jan Kaminek, Desk Officer, Department of Human Rights, Ministry of Foreign Affairs.
As one of the 136 States parties to the Convention, the Czech Republic must submit periodic reports to the Committee on measures it has taken to prevent and fight any incidents of torture as provided by the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
After adjourning its consideration of the report, the Committee discussed organizational matters, including preparing lists of issues to be sent to States parties whose reports were scheduled for review.
When the Committee reconvenes in public at 10 a.m. on Wednesday, 5 May, it will take up the second periodic report of Monaco (CAT/C/38/Add.2).
Report of the Czech Republic
The third periodic report of the Czech Republic (CAT/C/60/Add.1), notes that during the reporting period from January 1998 to December 2001, the State party adopted new measures aimed at eliminating some of the persisting shortcomings that hampered the consistent implementation of its international legal obligations and internal norms, thus contributing to a further improvement of the situation in this particular sphere. It provides further information on follow-up to the Committee’s concluding observations and recommendations on previous reports of the State party.
The report notes that the penal code defines the criminal act of torture or other inhuman and cruel treatment. It says that he who causes to another person physical or mental suffering through torture or other inhuman and cruel treatment in connection with the exercise of his powers of a State authority shall be punished by imprisonment for six months to three years. One to five years’ imprisonment shall be imposed on a perpetrator who committed such an act as a public official, together with at least two other persons, or who keeps committing such an acts for a longer period of time. If somebody causes death by this act, he or she shall be punished by imprisonment lasting from 8 to 15 years.
Further, the report says that the Police Act regulates the placement of a detainee in a police cell. The legal regulations governing detention for the purpose of terminating aliens’ residence or banishing them pursuant to the Police Act were followed by the Alien Act, which regulates administrative banishment by establishing a special facility for detaining aliens and stipulating the rights and freedoms of persons in such facilities. The police are authorized to detain aliens and place them in custodial arrest, once they receive notification of the start of the procedure on administrative banishment and if there was a danger that they might jeopardize the security of the State.
Any person claiming to have been subjected to torture is entitled to lodge a complaint to the direct superior of the police officer at whom the complaint is leveled or to any other superior police official, the Police President included, the report says. Criminal offences committed by police officers are investigated by the State Prosecuting Attorney’s Office, which guarantees impartiality of the investigations.
Presentation of Report
JAN JARAB, Government Commissioner for Human Rights of the Czech Republic, said that during the reporting period, there had been some encouraging developments in the penal system – developments on the level of national law, policies, as well as practical changes. The Act on Serving Prison Terms, which defined conditions in prisons, had been subsequently amended, making it far less strict and more favourable to prison inmates on a number of issues. The current law ensured that the imprisoned individual should never be thrust in a situation where he was stripped of all financial resources and driven into being dependent on those who might degrade his dignity and drive him to the vicious circle of crime.
Other changes in national law were closely linked to a major shift in penal policy that aimed to provide for a much more differentiated approach and a higher use of alternative methods of punishment other than imprisonment, Mr. Jarab continued. The law on probation and mediation, and the de facto establishment of the Probation and Mediation Service might be quoted as examples. The shift in penal policy had already produced practical results: a marked decrease in the overall number of prison inmates. It also enabled the further improvement of conditions inside prisons and the increase of the number of prison guards.
Mr. Jarab said the Czech Police had launched a new strategy to deal with members of national minorities, which should minimize the potential for insensitive handling of individuals belonging to minorities, Roma, for instance, either as offenders or as victims or witnesses of various offences. Steps had been taken to improve conditions in detention centers for foreigners.
Discussion
SAYED KASSEM EL MASRY, the Committee Expert who served as Rapporteur on the report of the Czech Republic, said, among other things, that the Czech Republic had made great progress in fulfilling the aspirations of its people. The far-reaching amendments to the legislation would provide guarantees to the asylum regime and vulnerable groups such as the Roma. The introduction of external supervision of prison systems and the establishment of the Human Rights Commission would give impetus to the overall improvement of the human rights situation.
During its consideration of the previous periodic report, the Committee had recommended that relatives of persons who were arrested should be notified, Mr. El Masry recalled. The current report did not say if this guarantee was now provided to the detainee. The report also did not give any indication whether a physician was at the disposal of a detainee immediately after his or her arrest. The Police Act was not clear on that issue.
With regard to trafficking in human beings, Mr. El Masry said the European Commission report on the issue had indicated that the penal code did not expressly define trafficking in persons. Legislation should be brought in line with the United Nations standard on the issue.
Another major concern was the situation of the Roma, Mr. El Masry said. The Roma were caught in a spiral of violence and poverty, including social segregation, according to the report of the European Commission. Police violence against the members of the Roma community had been highlighted. According to one non-governmental organization, there was a strange reluctance on the part of the police to hear complaints of violent acts committed against the Roma. There were also deficiencies in courts with regard to cases lodged by the Roma. A court had released three people who threw a bomb against the Roma community, for example. Stigmatization of the Roma had been indicated at all levels of the judicial system: Roma law offenders received more sentences than other Czech offenders.
With regard to racially motivated violence in prisons, the report had said such incidents did not take place. Concerning the asylum regime, the Government had accomplished an enormous undertaking, Mr. El Masry said. It was excellent news to hear that the principle of non-refoulement was applicable. However, the detention of foreigners for the purpose of deportation had been of concern. The detention of the foreigners was considered as a coercive measure to discourage others from coming to the country. The detainees were kept behind bars without leaving their cells for recreation. The duration of detention might be undetermined. After a hunger strike by such foreigners in the Balcova prison and a recommendation by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the situation had changed a little. However, the situation was still far from satisfactory.
CLAUDIO GROSSMAN, the Co-Rapporteur on the report of the Czech Republic, said among other things that he appreciated the positive developments that had taken place in the country with regard to the amendment of legislation. On the execution of the sentence of banishment custody, he asked how it worked. The report did not mention anything about training with regard to the prevention of torture. He also asked about the money sent to a prisoner from his relatives to relieve his cost of imprisonment. Why was it that the non-criminal nature of complaints against the police officers remained in the hands of the police while criminal offences committed by the police officers were investigated by the inspection of the Minister of the Interior. He asked why no compensation had ever been paid to victims of acts of torture or ill treatment.
Other Committee Experts also asked a number of questions. They asked, among other things, about the use of handcuffs when prisoners were presented to psychiatrists; the medical services in prisons, that should be under the Ministry of Health and the Ministry of Justice; the unregulated situation of military prisons; the reported practice of coercive sterilization and forced abortion of Roma women; the alleged placing of Roma children in schools meant for mental health patients; the tripling since 1998 of acts of racial discrimination in the country; the investigation of police offences by the police, without an independent mechanism; the deprivation of citizenship and the state of statelessness; and the existence of an emergency procedure to consider requests of asylum seekers.
Response
In a brief response to the questions raised by Committee Experts, the head of the Czech delegation said the Roma were the most disadvantaged and stigmatized group in the Czech Republic. Roma who were better educated and successfully integrated into society were likely to choose Roma as their national identity, while less integrated Roma mostly did not understand the concept of national identity, often confusing it with citizenship. There were an estimated 150,000 to 250,000 Roma in the country. Police collusion with the skinheads or other racist and extremist groups rarely occurred, but prejudice against Roma appeared to be widespread.
On the issue of alleged sterilization, the delegation said it was a frustrating issue which had been brought to the attention of the Government. However, in the absence of even a single case signaled to the authorities, no investigation had ever been carried out. Neither the State authorities nor the Ombudsman had received such complaints from anyone affected by coercive sterilization. Also, abortions had never been related to ethnicity, only to specific medical health reasons.
* *** *