COMMITTEE AGAINST TORTURE EXPRESSES CONCERN AT ALLEGATIONS OF SLOVAK POLICE PARTICIPATION IN ATTACKS ON ROMA

CAT
26th session
11 May 2001
Afternoon





Hears Response of Costa Rica to Questions by Experts


The Committee against Torture this afternoon issued its conclusions and recommendations on the report of the Slovak Republic, expressing concern about allegations of instances of police participation in attacks on Roma and other members of the population.

In its concluding observations on the report of the Slovak Republic, the Committee said that it was concerned about allegations of inaction by police and law enforcement officials who failed to provide adequate protection against racially motivated attacks when Roma and others had been threatened by "skinheads" or other extremist groups.

The Committee was also concerned at the failure on the part of the authorities to carry out prompt, impartial and thorough investigations into allegations of such actions, and to prosecute and punish those responsible; about allegations that law enforcement officials had ill-treated detainees during detention and in police custody, particularly in lock-ups and police cells; and about allegations of harassment of human rights defenders.

Among its recommendations, the Committee urged the State party to take measures to initiate an effective, reliable and independent complaints system to undertake prompt, impartial and effective investigations into allegations of ill-treatment or torture by police and other public officials, and where the findings were warranted, to prosecute and punish alleged perpetrators; and to adopt measures to ensure that statements or information obtained through coercion were not admissible as evidence in courts.

Also this afternoon the Committee heard the response of Costa Rica to questions raised by Experts, with a delegation saying, among other things, that the Government had allocated in its 2001 national budget an amount of 250,000 Colones, which was equivalent to $ 7 million, to be invested in building new prison facilities and overhauling old ones.

The members of the Costa Rican delegation will return to the Committee at 3 p.m. on Thursday, 17 May, to hear the concluding observations and recommendations on the report of that country.

Slovakia and Costa Rica are among the 123 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and as such they must send periodical reports to the Committee on their achievements designed to give effect to the provisions of the treaty.

When the Committee reconvenes at 10 a.m. on Monday, 14 May, it will examine, in private, communications which it received from individuals who claimed to be victims of violations by a State party of the provisions of the Convention. At 3 p.m., it will deliver in public its concluding observations and recommendations to the report of the Czech Republic in the presence of a Government representative.


Conclusions and Recommendations on Report of Slovakia

In its concluding observations and recommendations, the Committee welcomed, among other things, the State party's declarations made on 17 March 1995 recognizing the competence of the Committee under articles 21 and 22 of the Convention and the withdrawal of the reservation on article 20 made on 7 July 1988 by the Czechoslovak Socialist Republic; the impressive efforts made by the State party aimed at major transformation in the political, economic, legislative and institutional spheres in the Slovak Republic and the improved respect for human rights in that country; the inclusion of extensive human rights protection provisions in the Constitution and the enactment, following Slovakia's independence, of a Charter of Fundamental Rights and Freedoms, and the amendment to the Constitution of 23 February 2001, establishing supremacy of international treaties; and the establishment of new institutions and special units within the police to promote respect for human rights, and, particularly, recent steps taken towards the establishment of the institution of an Ombudsman.

Among factors and difficulties impeding the application of the Convention, the Committee was aware of the difficulty of overcoming the inheritance of an authoritarian system in the transition to a democratic system and the challenges emanating from the rebuilding of the state structures following the dissolution of the Czech and Slovak Federal Republic.

The Committee expressed concern, among other things, about the lack of specificity about the purposes of any act of torture in the criminal code of the State party as defined in article 1 of the Convention; and the allegations of instances of police participation in attacks on Roma and other members of the population, as well as allegations of inaction by police and law enforcement officials who failed to provide adequate protection against racially motivated attacks when such groups had been threatened by "skinheads" or other extremist groups.

The Committee was also concerned at the failure on the part of the authorities to carry out prompt, impartial and thorough investigations into allegations of such actions to prosecute and punish those responsible; allegations that law enforcement officials had ill-treated detainees during detention and in police custody, particularly in lock-ups and police cells; allegations of harassment of human rights defenders as well as threats, reportedly to deter submission of complaints, which were allegedly not adequately investigated; and the lack of adequate guarantees of the rights of persons deprived of liberty to have access to counsel and a doctor of his or her choice, as well as prompt medical exams.

The State party was recommended to adopt a definition of torture which would cover the elements of the definition contained in article 1 of the Convention and to amend domestic penal law accordingly; continue efforts with structural reforms and the implementation of those contained in the 23 February 2001 amendments to the Constitution; take measures to initiate an effective, reliable and independent complaints system to undertake prompt, impartial and effective investigations into allegations of ill-treatment or torture by police and other public officials, and where the findings were warranted, to prosecute and punish alleged perpetrators; adopt measures to ensure that statements or information obtained through coercion were not admissible as evidence in courts; and protect human rights defenders from harassment and threats that undermined their capacity to monitor and provide assistance to those alleging human rights violations.

Further, the Committee recommended, among other things, that the State party adopt measures to prevent inter-prisoner violence, including sexual violence, in places of detention; take effective steps to guarantee the independence of the judiciary; made adequate provisions for compensation and rehabilitation of victims of torture and ill-treatment; and continue to provide human rights training for law enforcement, military and other officials.


Response of Costa Rica

Responding to a series of questions raised by Committee Experts during yesterday's meeting, the members of the delegation said that the Government had allocated in its 2001 national budget an amount of 250,000 Colones, which was equivalent to $ 7 million, to be invested in building new prison facilities. The amount was included in the budget of the Ministry of Justice. The money would also be used for overhauling old prisons.

The political Constitution of Costa Rica prohibited the retroactive punishment of an individual, and the right of an accused to incriminate himself was also prohibited, the delegation said. The principle of presumed innocence was respected through various legislative instruments.

No special courts were appointed for particular cases, the delegation said. Any accused person was judged by existing courts. The law also prohibited the opening of a case when judgement had already been given. Judges were also responsible for the equality in the treatment of all persons appearing before them.

A state of innocence was observed through the proceedings in courts until guilt was declared, the delegation said. Unless the accused individual admitted his guilt from the beginning of the proceedings, the law on presumed innocence was applied.

In the event a person was arrested by police as a suspect, he had the right to request a lawyer and to establish contact with his family members, the delegation said. He was also entitled to see a doctor to establish his state of health. It was the investigating judge who would decide how long the individual could be held incommunicado.


Any preliminary hearing should be set within five days, the delegation said. The whole proceedings should not exceed two months counting from the time the individual's case was initiated in court. However, that regulation was not always respected because of delays in courts.

The maximum period of pre-trial detention of a suspect did not exceed six months, the delegation said. However, in certain serious cases the pre-trial could be extended up to two and a half years.

The Government was making efforts in preparing and adopting a law on the definition of torture, which was not properly reflected in the domestic legislation, the delegation said.

Any official was obliged to obey superior orders; however, the individual could decline to receive the orders in the event the order went counter to established norms, the delegation said. The objection to carry out the order should be noted to a higher hierarchy. Any order which might result in physical or mental torture would have grave consequences on the subordinate and the officer who gave the order.

Since the criminal code of Costa Rica did not typify torture, Costa Rica had established its jurisdiction according to article 5 of the Convention through the decisions of courts, the delegation said. When extradition was requested, the case would be examined by superior courts on the basis of the existing domestic legislation. In the absence of a definition of torture in the domestic law, the offence committed by the individual could be examined under the provisions provided by the country's relevant laws.

The Ombudsperson was independent and his functions were autonomous, the delegation said. The Ombudsperson carried out visits to prisons. In addition, a free telephone line was made available to any person lodging complaints. The Ombudsperson was also entitled to receive complaints of abuse of power by the police and other public officials. Denunciation against torture was not qualified as such because of the absence of a definition of torture.

The independence of officials investigating acts of torture was guaranteed by law, the delegation said. The law also stipulated that any information or confession obtained under duress would be considered invalid. Many of those who investigated torture cases were professionals and were dedicated to their work.

Prison overcrowding had been on the increase because of the repeated use of pre-trial detention, the delegation said. However, the process to increase prison facilities and the use of alternative prison systems had shown a decreasing trend in the prison population. In the El Buen Pastor central prison which was the only female prison, there were 276 women prisons.

Costa Rica had abolished its army in 1945, the delegation said. The fight against drug-trafficking did not involve any army-like operation in that regard and the country had no intention to militarize its police force.



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