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COMMITTEE AGAINST TORTURE HEARS RESPONSE OF THE CZECH REPUBLIC TO ITS QUESTIONS
05 May 2004
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Committee against Torture
AFTERNOON 5 May 2004
The Committee against Torture this afternoon heard the response of the Czech Republic to a series of questions raised by its Experts on the third periodic report of that country.
The Czech delegation said, among other things, that a new code on ethics was being prepared by the police force, but there was still a question on whether it should be in the form of guidelines or something more binding and enforceable. Also, the prison system would soon be transformed and international standards would be fully applicable under the new system.
At the end of the meeting, Committee Chairperson Fernando Marino Menendez invited the delegation of the Czech Republic to return to the Committee at 3 p.m. on Thursday, 13 May, to listen to the Committee’s conclusions and recommendations on the report.
As one of the 136 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Czech Republic is obliged to supply the Committee with periodic reports on the measures undertaken to prevent torture and to punish the perpetrators of such crimes.
When the Committee reconvenes at 10 a.m. on Thursday, 6 May, it is scheduled to take up the third periodic report of Croatia (CAT/C/54/Add.3).
Response of the Czech Republic
In response to questions raised by Committee Experts on Tuesday, 4 May, the members of the Czech delegation said that the prison system would soon be transformed and international standards would be fully applicable under the new system.
On delays in the judiciary, the delegation said lengthy judicial procedures were among the factors that caused delay. A series of amendments had been carried out to curb these procedural delays. Another amendment had been made to the work of the Constitutional Court which reviewed appeals to ordinary complaints. The amendment had also introduced a new review procedure based on original instigations.
Asked if legal assistance was provided during the judicial process, the delegation said that mandatory legal representation could be provided free of charge. Free legal assistance was also provided by the State and the Bar Association for those who were not able to pay for it. The financial position of an individual was taken into consideration concerning the provision of free legal assistance.
With regard to banishment custody, the delegation said that according to the law, the individual had to be heard by the court. The Constitutional Court had ascertained that position. The Supreme Court could decide the maximum duration of banishment custody.
On punishment and imprisonment in the army, the delegation said that conscription in the army was being abolished, and the army of the Czech Republic was being transformed into a fully professional army. The number of army prisons had been reduced. With regard to bullying in the army, it was reported that 113 such cases had been registered among members of the army servicemen.
The Ministry of Education, Youth and Sports had put in place a preventive programme against bullying in schools, the delegation said. The director of any school was obliged to report incidents of bullying to the police.
As regards guarantees to arrested persons, members of the police were obliged to inform relatives and a legal advisor of the arrest of an individual, the delegation said. Physicians were called to see arrested individuals upon their request.
The Czech Republic had considered the asylum cases of 11,396 individuals and had granted refugee status to 208 individuals, the delegation said. The low number of persons who were granted asylum was not because of the fact that the 1951 Geneva Convention on Refugee Status was not strictly enforced or because the country’s laws were restrictive. Those who satisfied the requirements qualified to obtain refugee status. Persons who entered the country illegally and were detained could apply for refugee status but stayed under detention until their requests were processed.
On the issue of trafficking in human persons, the delegation said that the country’s legislators were considering a new draft law to deal with this issue. Further measures had been taken by the Government through investigations of the perpetrators and rehabilitation of victims of trafficking.
A new code on ethics was being prepared by the police force; there was still a question on whether it should be in the form of guidelines or something more binding and enforceable.
There was no reduction in the role and power of the Ombudsman, the delegation said. The Ombudsman’s office was operating on the powers entrusted to it at its inception.
No figure was available on consular contacts concerning foreigners detained in the Czech Republic, the delegation said. Although the foreigners had the right to contact their respective consular representations, no record was kept on the number of contacts.
Most people who were victims of any kind of ill treatment filed civil law suits, the delegation said. Their number and the amount they received were unknown. The delegation was unable to provide the Committee with statistical data.
During the last year, about 600 cases had been investigated with regard to the police, the delegation said, adding that perhaps a few cases may have been cases of ill-treatment while the vast majority were violations of a different kind.
Sayed Kassem El Masry, the Committee Expert serving as Rapporteur for the report of the Czech Republic, thanked the members of the delegation for their prompt answers. He asked why the foreigners detained in prisons were not transferred to refugee centres, once they applied for asylum. He wondered why such people should wait 180 days before being transferred. The Co-Rapporteur Claudio Grossman asked if statistics were available on violence in prisons. Reacting, the delegation said that foreigners who applied for asylum generally stayed in detention centers until the 180-day limit for a stay in these centres expired. There were no statistics on violence in prisons, including cases of violence between Czech prisoners and foreigners or Roma.
Another Expert asked if the Government intended to investigate reported cases of sterilization of Roma women. Was it also planning to inquire on cases and complaints of torture that took place before the change of Government? Did the Government monitor inter-prisoners sexual violence?
Responding, the head of the delegation said that he himself had been a human rights activist in favour of the Roma and other minorities with regard to police action and in-action. The Government was prepared to investigate any case of a suspect sterilization, regardless of whether it should concern a Roma or non-Roma woman. So far, the European Roma Rights Centre had only made generalizations without having presented a single case for investigation. The Centre had emailed a list of names of alleged victims to the office of the Ombudsman, but without concrete addresses, let alone information on the case.
The intensity of violence in prisons was not as high as in other countries, the delegation said. A special unit was monitoring the prevention of violence in prisons, and investigated cases.
* *** *
AFTERNOON 5 May 2004
The Committee against Torture this afternoon heard the response of the Czech Republic to a series of questions raised by its Experts on the third periodic report of that country.
The Czech delegation said, among other things, that a new code on ethics was being prepared by the police force, but there was still a question on whether it should be in the form of guidelines or something more binding and enforceable. Also, the prison system would soon be transformed and international standards would be fully applicable under the new system.
At the end of the meeting, Committee Chairperson Fernando Marino Menendez invited the delegation of the Czech Republic to return to the Committee at 3 p.m. on Thursday, 13 May, to listen to the Committee’s conclusions and recommendations on the report.
As one of the 136 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Czech Republic is obliged to supply the Committee with periodic reports on the measures undertaken to prevent torture and to punish the perpetrators of such crimes.
When the Committee reconvenes at 10 a.m. on Thursday, 6 May, it is scheduled to take up the third periodic report of Croatia (CAT/C/54/Add.3).
Response of the Czech Republic
In response to questions raised by Committee Experts on Tuesday, 4 May, the members of the Czech delegation said that the prison system would soon be transformed and international standards would be fully applicable under the new system.
On delays in the judiciary, the delegation said lengthy judicial procedures were among the factors that caused delay. A series of amendments had been carried out to curb these procedural delays. Another amendment had been made to the work of the Constitutional Court which reviewed appeals to ordinary complaints. The amendment had also introduced a new review procedure based on original instigations.
Asked if legal assistance was provided during the judicial process, the delegation said that mandatory legal representation could be provided free of charge. Free legal assistance was also provided by the State and the Bar Association for those who were not able to pay for it. The financial position of an individual was taken into consideration concerning the provision of free legal assistance.
With regard to banishment custody, the delegation said that according to the law, the individual had to be heard by the court. The Constitutional Court had ascertained that position. The Supreme Court could decide the maximum duration of banishment custody.
On punishment and imprisonment in the army, the delegation said that conscription in the army was being abolished, and the army of the Czech Republic was being transformed into a fully professional army. The number of army prisons had been reduced. With regard to bullying in the army, it was reported that 113 such cases had been registered among members of the army servicemen.
The Ministry of Education, Youth and Sports had put in place a preventive programme against bullying in schools, the delegation said. The director of any school was obliged to report incidents of bullying to the police.
As regards guarantees to arrested persons, members of the police were obliged to inform relatives and a legal advisor of the arrest of an individual, the delegation said. Physicians were called to see arrested individuals upon their request.
The Czech Republic had considered the asylum cases of 11,396 individuals and had granted refugee status to 208 individuals, the delegation said. The low number of persons who were granted asylum was not because of the fact that the 1951 Geneva Convention on Refugee Status was not strictly enforced or because the country’s laws were restrictive. Those who satisfied the requirements qualified to obtain refugee status. Persons who entered the country illegally and were detained could apply for refugee status but stayed under detention until their requests were processed.
On the issue of trafficking in human persons, the delegation said that the country’s legislators were considering a new draft law to deal with this issue. Further measures had been taken by the Government through investigations of the perpetrators and rehabilitation of victims of trafficking.
A new code on ethics was being prepared by the police force; there was still a question on whether it should be in the form of guidelines or something more binding and enforceable.
There was no reduction in the role and power of the Ombudsman, the delegation said. The Ombudsman’s office was operating on the powers entrusted to it at its inception.
No figure was available on consular contacts concerning foreigners detained in the Czech Republic, the delegation said. Although the foreigners had the right to contact their respective consular representations, no record was kept on the number of contacts.
Most people who were victims of any kind of ill treatment filed civil law suits, the delegation said. Their number and the amount they received were unknown. The delegation was unable to provide the Committee with statistical data.
During the last year, about 600 cases had been investigated with regard to the police, the delegation said, adding that perhaps a few cases may have been cases of ill-treatment while the vast majority were violations of a different kind.
Sayed Kassem El Masry, the Committee Expert serving as Rapporteur for the report of the Czech Republic, thanked the members of the delegation for their prompt answers. He asked why the foreigners detained in prisons were not transferred to refugee centres, once they applied for asylum. He wondered why such people should wait 180 days before being transferred. The Co-Rapporteur Claudio Grossman asked if statistics were available on violence in prisons. Reacting, the delegation said that foreigners who applied for asylum generally stayed in detention centers until the 180-day limit for a stay in these centres expired. There were no statistics on violence in prisons, including cases of violence between Czech prisoners and foreigners or Roma.
Another Expert asked if the Government intended to investigate reported cases of sterilization of Roma women. Was it also planning to inquire on cases and complaints of torture that took place before the change of Government? Did the Government monitor inter-prisoners sexual violence?
Responding, the head of the delegation said that he himself had been a human rights activist in favour of the Roma and other minorities with regard to police action and in-action. The Government was prepared to investigate any case of a suspect sterilization, regardless of whether it should concern a Roma or non-Roma woman. So far, the European Roma Rights Centre had only made generalizations without having presented a single case for investigation. The Centre had emailed a list of names of alleged victims to the office of the Ombudsman, but without concrete addresses, let alone information on the case.
The intensity of violence in prisons was not as high as in other countries, the delegation said. A special unit was monitoring the prevention of violence in prisons, and investigated cases.
* *** *