Committee against Torture starts consideration of second periodic report of the Czech Republic

CAT
26th session
7 March 2001
Morning




Prison Overcrowding, Persecution of Roma are Concerns, Experts Say



A Government delegation from the Czech Republic told the Committee against Torture this morning that prison overcrowding had been a problem for the Government and that measures had been taken to reduce the number of prisoners.

The remark was made as the Committee started its consideration of a second periodic report of the Czech Republic on how that country was implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Introducing his country's report, Miroslav Somol, Permanent Representative of the Czech Republic to the United Nations Office at Geneva, stated that his country has had a long-term problem with high numbers of imprisoned persons; that was one of the main causes of the prison disorders that had broken out in January 2000. However, with the preventive measures adopted by the Government, the situation had now changed and since March 2000, there had been a constant decrease of inmates in the prisons.

Andreas Mavrommatis, the Committee member who served as Rapporteur to the report of the Czech Republic, noted that prison overcrowding was a problem in the Czech Republic, as in other countries, and the problem could not be resolved simply by building further facilities. He also raised the issue of the Roma people, saying that the problem had taken a different dimension; Roma people from the Czech Republic were reportedly seeking asylum in other western countries.

Other Committee members, including Sayed Kassem el Masry, the Co-Rapporteur to the report of the Czech Republic, also spoke about arbitrary arrests and police brutality. The fundamental safeguards against ill-treatment such as access to lawyers and medical examination were not duly respected. There were allegations, including by Amnesty International, that coercive measures were used to obtain confessions from suspects. Arbitrary arrests by police during a demonstration against the meeting of the International Monetary Fund in the Czech Republic were also mentioned by several Experts who wanted to know if compensation was paid to those persons upon their release. The issue of racial discrimination against Roma people and the attacks perpetrated against them by the skinheads without the police intervening were also raised by Committee members.

The Czech delegation was also composed of Ales Kyr, of the Directorate of the Administration of Prisons: Petra Burcikova, of the Council of Human Rights of Czech Republic; and Ivana Schellongova, Second Secretary at the Permanent Mission of the Czech Republic to the United Nations Office at Geneva.

The delegation will reappear before the Committee at 3.30 p.m. on Tuesday 8 May to give its response to the questions raised in the course of the Committee's consideration of the report.

The Czech Republic is among the 123 States parties to the Convention against Torture and as such it must provide periodic reports on how it is implementing the treaty for consideration by the Committee.

When the Committee reconvenes at 3 p.m., it will first give its concluding observations and recommendations on the second periodic report of Georgia before hearing the response of Slovakia to questions raised by Experts on Friday morning.

Second Periodic Report of Czech Republic

The report (document CAT/C/38/Add.1) enumerates the various steps taken by the Government to give effect to the provisions of the Convention. The reports says that the period under review is characterized by a further strengthening of legal guarantees and general respect for the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. The Government has adopted measures at the national as well as at the international levels with the aim of eliminating some persistent shortcomings in the consistent implementation of international legal obligations and national standards, thus contributing to the further enhancement of the existing satisfactory situation in this area.

The report says that two amendments to the Penal Code relating to the expulsion of foreign nationals have entered into force. An article of the Penal Code prohibited the expulsion of the person who has been granted refugee status. The new provision thus protects from expulsion those persons whom the Czech Republic has granted refugee status in accordance with the 1951 Geneva Convention relating to the Status of Refugees and the Protocol thereto, and who have committed acts not only in relation to their country of origin but also in relation to third countries. In addition, the Czech Republic applies the principle of non-refoulement, which precludes the returning of a refugee to the territory of a country where his life or freedom may be endangered because of his race, religion, ethnicity, social status or political beliefs.

The report notes that the basic professional training of prison staff was provided by the Prison Service Training Institute of the Republic. Education towards respect for the prohibition of torture and other maltreatment also applied to the police in the country. Besides the prison service, the police are the authority that most frequently face situations in which torture or other maltreatment may occur. The basic training of policemen is largely provided at secondary police schools of the Ministry of the Interior.


The spread of bullying is a constant problem not only in prisons but also in the army and in schools, the report notes. According to information from the Ministry of Justice, the Prison Service is paying increased attention to the occurrence and prevention of violence among prisoners. There were a total of 2,457 cases of violence among prisoners. The perpetrators of violence represent 2.5 per cent of all accused persons and 1.5 per cent of all convicted persons.

In its conclusion, the report says that the Czech Republic withdrew its reservations to article 20 of the Convention and made a declaration recognizing the Committee's competence to receive and consider communications under article 21, paragraph 1, and under article 22, paragraph 1 of the Convention. It also recognizes the competence of the Committee to receive and consider communications from a State party to the effect that another State party is not fulfilling its commitments under the Convention in accordance with article 21, paragraph 1.

Introduction of Report

MIROSLAV SOMOL, Permanent Representative of the Czech Republic to the United Nations Office at Geneva, said that the period between January 1994 and December 1997 had been characterized by the further strengthening of legal guarantees and general respect for the prohibition of torture and other cruel, inhuman or degrading treatment or punishment in the Czech Republic.

Mr. Somol recalled that the Czech Republic had ratified some important international instruments such as the European Convention on the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and its Protocols, and the European Convention on Persons Participating in Proceedings before the European Commission and the Court for Human Rights, Supplementary Protocol to the European Convention on Extradition, among others.

The Czech Republic has had a long-term problem with high numbers of imprisoned persons, Mr. Somol said. That was one of the main causes of the prison disorders that had broken out in January 2000. As the number of imprisoned persons had reached its highest level in March 2000, the Minister of Justice had adopted measures preventing further growth. Some positive changes into the penal policy had been introduced, particularly concerning pre-trial detention. Since March 2000, there was a constant decrease in the number of inmates.

Discussion

ANDREAS MAVROMMATIS, Committee member and Rapporteur to the report of the Czech Republic, asked about the rank of international treaties vis-a-vis domestic laws. He also wanted to know who appointed the judges; if they were appointed by the President, or on whose advice were they appointed? Did they have retirement benefits and security of tenure?

What were the functions of the human rights commission? Were the members independent in their decisions and functions? Did their decisions and proposals to the Government find appropriate replies?

Prison overcrowding had been a problem in the Czech Republic, as in other countries. The problem could not be resolved simply by building further facilities. Further, the problem of Roma people in the country had taken a different dimension. The Committee wanted to know how the common people treated the Roma people. It was reported that the Roma from the Czech Republic were seeking asylum in other western countries. The delegation was asked to provide further information on the Roma people and the status of statelessness in the country.

How was the Government handling public demonstrations, Mr. Mavrommatis asked. During the recent demonstrations against the International Monetary Fund (IMF) meeting in the Czech Republic, there were cases of beatings and arrests following a demonstration. Many of the arrested said that they were peaceful activists and they were not violent. However, they were subjected to acts of cruel treatment during their detention.

There was new law on the police enacted by the Government, Mr. Mavrommatis said. Did it include the right to access to lawyers? Was the right to access also a constitutional right?

There was absolute prohibition of torture in the Czech Republic. If a refugee was found to be a "danger" to the national security, what would the Government do without contravening article 3 of the Convention which stipulated that "no State party shall expel, return or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture"?

SAYED KASSEM EL MASRY, Committee member and Co-Rapporteur to the report of the Czech Republic, said the report was frank in admitting the shortcomings encountered by the Government.

The Czech Republic had made tremendous progress by going from a centralized economy to a market one. It had also made progress in the process of democracy departing from a totalitarian regime.

There had been a national plan of action which had been designed to reduce tensions such as the problem of discrimination against Roma people. There had been cases of discrimination and attacks against the Roma people. Hate propaganda had been intensified by skinheads whose activities were tolerated by the police, the Experts stated.

Civil inspection of prisons was lacking in the Czech Republic. What was going on in the prisons was not recorded and the prison facilities were not open to outside inspections. Non-governmental organizations had no possibility to visit prison premises. Were there any mechanisms to receive complaints from prisoners? The Czech report had admitted that the external inspection of the prison system was not regulated by law.

Mr. El Masry said prison overcrowding was attributed to the fact that the courts were putting many suspects in prisons. A number of foreigners were also detained without any possibility for conditional release. The prison conditions were also inhumanely unbearable.

According to the report, the basic shortcoming of the whole police system was that police themselves dealt with complaints and were the "judge" in their own cases; another shortcoming was the lack of transparency or the low publicity given to the police operations. It was indicated that the newly drafted law on the State Prosecutor would mean a radical change in the current system. What were those drastic changes?

The report had admitted that during the past years, the effort to establish the position of the public defender of the rights -- Ombudsman -- was not successful. Was the establishment of the Ombudsman included in how to award compensation to victims of torture and ill-treatment.


The Czech Republic should be lauded for its efforts to eliminate racial discrimination in the society through the implementation of measures, Mr. El Masry said. However, there had been a gap between the law and the practice. Racial violence had been increasing in the past few years, particularly by the skinheads. The increase in the level of awareness and the opening of the society to others' cultures should have reduced incidents motivated on grounds of race and colour.

Other Committee members also spoke on arbitrary arrests and police brutality. The fundamental safeguards against ill-treatment such as access to lawyers and medical examination had not been duly respected, an Expert said. There were allegations, including by Amnesty International, that coercive measures were used to obtain confessions from suspects. Was compensation paid to those arbitrarily arrested during the demonstration against the IMF meeting?

An Expert asked about the concrete measures taken by the Government to improve the situation of racial discrimination against the Roma people. The violent acts against the Roma people had continued until as recently as last week. Why were Roma children sent to special schools with mentally handicapped children? What was the situation of sexual violence in the prisons? Why was the phenomenon of bullying widespread in prisons? Was that also a violent practice in the army?





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