禁止酷刑委员会审议斯洛伐克的报告（部分翻译）

2015年7月29日

禁止酷刑委员会今日结束审议斯洛伐克关于落实《禁止酷刑和其他残忍、不人道或有辱人格的待遇或处罚公约》条款情况的第三次定期报告。

斯洛伐克常驻联合国日内瓦办事处代表费多尔•罗索查（Fedor Rosocha）表示，除了宪法，高于国家法律的国际条约也禁止酷刑。最近通过的一项关于控制某些判决执行的法律为监禁替代方式创造了条件，从2016年起，将开始依法使用软禁措施。目前警方的行动用视频记录，警官记录关于限制人身自由时间的准确数据，同时高官有义务对被剥夺自由者所处设施定期进行审查。2012年，《外侨居留法》大大拓宽了经受着递解离境或拘留程序的外国公民的权利。斯洛伐克已经开办了一个预防和消除针对妇女的暴力的方法中心，以期制定、落实和协调特定领域的综合国家政策。改善罗姆少数群体的状况是一个长期的优先事项，2020年前罗姆人融合战略已经落实。

在互动对话中，委员会专家对几起警方滥用权力的瞩目案件进行了提问，并想知道目前调查进展如何。会上详尽讨论了对罗姆妇女进行强制节育的问题，专家对代表团保证这类做法是被禁止的且并没有发生表示高兴。还问到了寻求庇护者的状况及其获得口译、翻译和法律援助等服务的途径的问题。还提及了监狱的精神保健护理、终身监禁、拘留状况和打击人口贩运等问题。一名专家还希望听到更多的内容， 特别是关于对司法机构的人权培训、对未成年人的审问以及司法机构内部监督的评估。

罗索查先生在总结发言中表示，斯洛伐克对互动对话中普遍的开放和建设性精神表示感谢。审议证明了公约在联合国系统核心人权条约中的显著作用。斯洛伐克认为监察是一个持续的过程。

斯洛伐克代表团包括来自外交和欧洲事务部，司法部，内务部，劳动、社会事务和家庭部，政府罗姆社区全权代表办公室，监狱和法庭警卫队，警察部队以及斯洛伐克常驻联合国日内瓦办事处代表团的代表。

委员会将于7月30日（周四）下午3点再次复会，继续审议伊拉克的首份报告（CAT/C/IRQ/1），委员会于今天上午开始审议该报告。

报告

斯洛伐克的第三次定期报告可在此查看：CAT/C/SVK/3/Rev.1。

Presentation of the Report

FEDOR ROSOCHA, Permanent Representative of Slovakia to the United Nations Office at Geneva, stated that Slovakia was a State party to all core human rights instruments and its human rights legislation met the highest internationally recognized standards. In addition to the Constitution, torture was prohibited by the international treaties which took precedence over national laws. The current report contained information on measures adopted between 2007 and 2013, while responses to the list of issues covered the period until June 2015.

The most significant systematic change in the penitentiary system and towards the development of alternative punishments was represented by the recently adopted law on control of the execution of some decisions through technical means. The law created conditions for alternative prison sentences, and from 2016 house arrest would be applied according to the law. The new law should help decrease prison overcrowding, and also pave the way for strengthening the process of social reintegration and renewing social contacts in the natural environment. Slovakia had also approved the draft law on the European Protection Order, by which the legally binding acts of the European Union were transported to national legislation.

Mr. Rosocha informed that numerous measures had been adopted by the Government with a view to strengthening the prevention of torture and inhuman or degrading treatment or punishment. Police actions were now video recorded, police officers registered exact data about time of limitation of personal liberty, while higher ranking officers were obliged to perform a regular review of facilities where persons deprived of liberty were placed. Some 780 police vehicles were now equipped with front cameras to record police intervention.

Significant legislative changes had been adopted with respect to the rights of foreign citizens. The 2012 Law on the Residence of Foreigners had substantially broadened the rights of foreign citizens subjected to deportation or detention procedures. At every procedural stage, the foreigner had the right to get an oral translation of the decisions and, when required, written translation of the justification of the deportation. Additional measures had been introduced to ensure that foreigners would not be forcibly deported to a country where they might be subject to the risk of torture. The Slovak Government was particularly concerned about the area of asylum, and was currently carrying out negotiations with Austria on the resettlement and relocation of certain numbers of asylum-seekers.

Regarding the protection of vulnerable groups, the Government had adopted the National Action Plan for the Prevention and Elimination of Violence against Women for the years 2009-2012 followed by the National Action Plan 2014-2019. A methodical centre for the prevention and elimination of violence had been created with the view of creating, implementing and coordinating a comprehensive national policy in the given area. The National Strategy for the Protection of Children against Violence had also been adopted, representing the first active inter-ministerial policy instrument in that field. Slovakia had played a leading role during the preparation of the Third Optional Protocol to the Convention on the Rights of the Child. Improving the situation of the Roma minority was a long-term priority, and the Strategy for Roma Integration until 2020 was in place. The need was recognized for further progress in the field of education of children from socially disadvantaged environments, particularly Roma. Pupils from such backgrounds could not be enrolled to a special school or a special class, Mr. Rosocha stressed.

Slovakia was still considering the Optional Protocol to the Convention, and should a decision on its ratification be taken, it would be the result of inter-ministerial consultations, expert negotiations and discussions at the national level. The role of the Committee in strengthening the legislative and institutional framework at the national level was acknowledged.

Questions by Experts

JENS MODVIG, Committee Expert serving as Country Rapporteur for Slovakia, asked the delegation to explain the difference between the international and national Slovak definitions of torture.

The issue of safeguards for detainees was raised by the Expert, who wanted to know about their application in practice. The accused had the right to choose their defender, but did that right also apply to all detained persons from the moment of their detention? Did the police officers need to inform detainees of this right?

The Expert asked whether the detainee held by the police had the right to see an independent medical expert at all times. Was that right dependent on acute illness or not and did the detainee have to tell the police why he wanted to see the doctor? The question of the criteria for the independence of medical experts was also raised. Were the attendance and treatment by doctors provided free of charge?

A question was asked whether the detainee himself had the right to inform his family of his detention.

Did the police and medical officers have the obligation to record and report injuries due to coercive measures, and which body recorded such injuries? The delegation was asked to explain what was being done to make such mechanisms more independent. What steps were being taken to ensure that confessions obtained through torture were not admitted in court?

In how many “serious crimes” cases had the 48-hour limit of pre-trial detention been exceeded?

The Expert wanted to know more about the access of asylum-seekers to interpretation.

With regard to the national human rights institution, the Expert inquired about the timetable foreseen for the ongoing reform. Had any non-governmental organizations been approached to be included in the institution’s management? Financial independence of such an institution was of paramount importance.

The issue of the alleged sterilization of Roma women without consent was also raised. What was the number of cases considered by courts and what was their outcome? Was Slovakia compliant with the procedures of informed consent?

Had steps been taken to improve the independence of investigations into alleged cases of police misconduct? How could the monitoring of police stations by public prosecutors be summarized?

There were allegations that the Roma community was badly treated by the police forces, the Expert noted, which was why criminal justice statistics disaggregated by ethnicity would be welcome.

The number was sought of asylum seekers held in detention. Did an asylum seeker whose request had been rejected have the right to appeal? What kind of treatment were victims of torture amongst asylum seekers offered? What was the number of rejected asylum requests?

What were the plans to implement measures of effective redress to the victims of torture, and would those measures be applicable to foreigners in Slovakia’s territory?

GEORGE TUGUSHI, Committee Expert serving as Country Rapporteur for Slovakia, said that investigations into alleged cases of torture seemed to be often languishing without concrete results. One such example was that of six Romani minors detained and abused in a police station in Košice in 2009; the results of that investigation were still unknown. Serious concerns were raised about the impartiality and effectiveness of the service which was meant to deal with such investigations.

Were there plans to include racist motivation as an aggravated circumstance?

The Expert asked about the work of the human rights monitoring bodies, such as the Office of the Ombudsman. What were the plans to upgrade the national human rights institution and bring it fully into line with the Paris Principles?

The issue of life sentence prisoners was also raised by the Expert, who noted that Slovakia was moving in the right direction. Nonetheless, he wanted to know if they were still handcuffed when leaving their cells and when seeing their doctors. What were conditions of their imprisonment and could they apply for parole at some point?

Recording of injuries and the reporting line were brought up. Were such recorded injuries duly forwarded to the prosecutorial service? Could more information be provided about the provision of mental health care in Slovakia’s prisons?

The Expert wanted to know if domestic violence was still being underreported because of the social stigma. Was disaggregated data available? Were there plans to increase the number of shelters for victims of domestic violence?

The crime of trafficking in persons was a very serious offence, the Expert said, and asked for an update on alleged cutting down of sentences for the offenders.

Another Expert asked questions about vulnerable communities, especially the Roma. The police were trained to gain the trust of the Roma community. Issues affecting custody, such as lengthy custody periods and handcuffing, were brought up.

An Expert asked about results of regular evaluations of detainees’ conditions. Were they better protected thanks to the human rights training of prison officials and the prompt intervention of judges in cases of complaints? What was the minimum cell space per prisoner and what progress had been made in expanding that space to four square meters? What was the size of cells for life prisoners and those in solitary confinement?

The issue of violence against women was raised by another Expert. Had Slovakia ratified the Istanbul Protocol yet and was it bringing its domestic legislation in line with it?

Was the State party’s definition of human trafficking comprehensive? What were the conditions for decreasing the punishment for offenders? Was there a backlog of cases and were reparations offered to the victims?

An Expert asked the delegation to elaborate on the opportunities for foreigners to be further examined by the authorities rather than be sent to their countries of origin. How could foreign citizens be better protected?

The case of the 10 policemen abusing official authority in Košice was brought up by another Expert. Why was the video evidence deemed inadmissible? What was the basis for finding the video inadmissible in that particular case? Had the involved officers been dismissed?

The Expert also wanted to know more about the progress in the case of the police raid in Moldava nad Bodvou, which had taken place in June 2013. Had the Ombudsman been harassed for her reports on that case?

On forced sterilization cases, the Expert asked about establishing the facts, investigations and offering proper remedies. What exactly had been done in that regard? The Committee had recommended that public officials be trained on what constituted consent, because that was at the heart of the cases. What kind of training had taken place in that regard?

The Expert asked for a clarification on the new law prohibiting pupils from socially disadvantaged environments from enrolling in special schools.

With regard to non-refoulement, another Expert asked if there had been recent cases when the State party had decided not to expel foreigners if they were at risk of torture in their home countries.

There seemed to be remedies against administrative detention or expulsion of foreigners. What exact measures were there in place?

Was the Convention directly applicable in Slovakia’s courts and had there been such cases, another Expert inquired.

Did detainees have the right to see lawyers before charges were made?

Were police officers present during the medical examinations of detainees? If so, that would be in breach of the principle of privacy.

More information was sought about the hotline through which citizens could report cases of police corruption or abuse.

What was the State party’s practice on diplomatic assurances, the Expert asked?

On redress and compensation, the Expert said that the Committee had adopted General Comment 3, which could be a useful tool in the matter of reparation and rehabilitation.

How did the delegation perceive the creation of the Roma civil guard, which should help decrease tensions between the police and the Roma community?

The Committee’s experience was that when investigations into police misconduct were conducted by the police forces themselves, it was much less effective than having independent investigations. What was being done in that regard?

Were there steps conceived to increase the presence of women in Parliament and the Government?

Did the delegation have statistics of human trafficking cases reported and prosecuted, the Expert inquired.

Responses by the Delegation

On the question of sterilization of Roma women, the delegation responded that the issue had been addressed in various international fora, and Slovakia had provided numerous explanations. Steps taken in that regard included adopting legislative measures on the rights of patients, fully in line with international standards. Persons concerned needed to be informed about the aim of the procedure and the associated risks. Signature of informed consent by the patient was mandatory; the medical practitioner was obliged to provide all the required information in a way the woman patient could understand. In the second cycle of the Universal Periodic Review, most recommendations had included no reference to the sterilization of Roma women. No new cases had been communicated to the Ministry of Health regarding alleged sterilization of Roma women. The delegation believed that all steps had been taken to prevent sterilization without consent.

Regarding non-refoulement, it was explained that foreigners were not sent back to countries where they could face torture or inhumane treatment. After the first contact with the police, the foreigner had the right to contact other persons, including his relatives or legal representatives. The police were required to inform the foreigner of his rights.

On trafficking in persons, the delegation stated that the investigations of illegal immigration cases were closely related to human trafficking, which was why human trafficking was now handled by the Border Police. For a number of years, crimes relating to illegal immigration had been handled by that office, which had a lot of knowhow on the matter. The definition of trafficking in persons had been expanded to include a broad scope of actions.

Responding to the questions on house arrest and impact on the prison population, the delegation said that prison terms could be commuted into house arrest, provided that a number of conditions had been met, including improvement in the behaviour during the prison term and that the inmate had already served at least one third of his sentence. The individual in question would need to undergo a social reintegration programme, as ordered by the court. Perpetrators of domestic violence would have to undergo cognitive behavioural programmes.

The delegation explained that Slovakia had been very active in the negotiations on the Istanbul Convention, adopted in 2011. Slovakia was among the first States to have signed the Convention. A national coordination centre for combatting and preventing domestic violence was active in Slovakia. Close cooperation was in place with a network of women’s non-governmental organizations, known as WAVE. The Istanbul Convention, along with the explanatory memorandum, had been translated into the Slovak language. Actions had been undertaken to increase the awareness of the Convention locally.

On the definition of torture, the delegation said that Slovakia had adopted further legislative measures, and while Slovak provisions were not identical with those of the Convention, they were compatible. No need was seen to change the provisions of the Criminal Code dealing with aggravating circumstances.

On collecting ethnically disaggregated data on victims of torture, the delegation reminded of the recent recommendation by the Committee against Racial Discrimination to abolish such statistics, which Slovakia was implementing.

Competencies and tasks of the Slovak National Centre for Human Rights were regulated by a 1993 act. It was an independent legal entity financed from the State budget. Slovakia would consider increasing budgetary contributions for the Centre’s financing. The Ministry of Justice was in charge of amendments to the 1993 act.

The delegation said that Slovakia had been paying due attention to combatting racism. Racial, ethnic or national hatred constituted an aggravating circumstance when crimes were committed. In 2014, a new penalty had been introduced for participating in racist and extremist gatherings.

All arrested persons were immediately informed of their rights, even if they were not charged. If a person could not afford a legal counsel, one could be appointed free of charge. The person arrested had to be handed over to a court within 48 hours or set free. Such a person was able to notify a relative or lawyer, and had the right to health treatment.

Injured arrested persons were provided with first aid. The police officer would select the closest health care facility, but would not pick a particular doctor. Usually, when health care treatment was being provided, police were not present.

Video recordings were already being used: 780 police vehicles were equipped with cameras, and the authorities were looking into ways of attaching cameras to police uniforms. Cameras were also installed in entrance halls of police stations and rooms where arrested persons were held.

Forced confessions did not have a legal value, the delegation explained.

If the police ascertained that a minor was committing a crime, special provisions were put in place, with the presence of their legal guardian, psychologist and lawyer. The full process was recorded.

One of the police forces’ priorities was working with the Roma community, including direct work in Roma settlements.

Since January 2014, there had been a major review of legislation regarding serving of prison sentences. The quality of health care provided to prisoners could be reviewed by independent health care professionals. Currently, there were 72 medical practitioners, including six psychiatrists, employed in the prison system. In general, medical examinations were carried out without the presence of prison personnel, who were present only if the medical personnel so required.

Since 2009, there had also been an increase in the number of prison psychologists who helped with treating handicapped prisoners. There had been over 13,000 psychological interventions in 2015, for example.

Life prisoners were not handcuffed as a routine anymore; each prisoner was judged on their own merits as far as the risk was estimated. There was only one prisoner in Slovakia who could not be released on parole.

The current legal status guaranteed at least 3.5 square meters of cell space per prisoner, the delegation explained. In two prisons where life prisoners were serving their sentences, they were given between six and nine square meters per person. Solitary confinement was not applied anymore. Roma prisoners received identical treatment.

The Inspection Service was one of the core parts of the police. It had 115 serving members and reported directly to the Minister of the Interior. The Service had equal status with the Police Forces Presidium. All Ministers of the Interior had fully supported the Inspection Service and continued to do so.

Slovak legislation recognized several ways of filing complaints against police forces. All complaints were followed by the Inspection Service, which actively sought out information on any illegal police actions. Recently, web forms had been prepared and could be filled out anonymously.

The investigation of the Košice case had lasted 10 months, after which recommendations had been sent to the prosecutor to charge the responsible individuals. In 2010, the prosecutor had charged them. Recently, a judge had decided to release the charged individuals as she had not accepted video recording of police actions as evidence. All 10 charged individuals had thus been acquitted. All 10 had been discharged from the police forces due to the breach of their professional code; two had been reinstated following an appeal.

Regarding the questions on foreigners, the delegation said that foreigners had rights in all phases of proceedings, and were adequately and repeatedly informed of those rights in a language they understood. If there was a suspicion that a person was an illegal alien, he was interviewed, informed about his rights and each case was decided on an individual basis. Foreigners were offered free legal aid when they were not in a position to afford one.

Asylum seekers could avail themselves of all the rights enjoyed by foreigners. They were entitled to an appeal against any ruling or the rejection of their asylum request. Individuals were not returned to countries where they would be in danger, as quoted in Article 3 of the Convention.

On trafficking in human beings, Slovakia was focused on uncovering cases of trafficked persons, and also prevention and assistance to victims. The national coordinator was the State Secretary at the Ministry of the Interior.

Regarding the questions on domestic violence, the delegation said that Slovakia considered harmonization of the domestic legislation with the norms emerging from the Istanbul Convention as a necessary process preceding the ratification of the Convention. A draft act on the prevention of gender-based violence and domestic violence had been prepared and submitted to public discussion. Relevant non-governmental organizations had been involved in the drafting process.

The victim had the right to choose an investigator of the same gender. Video and audio recordings could be admitted as evidence, even without the consent of the perpetrator. All steps taken were discussed with the victim herself. Slovak legislation did not allow for the withdrawal of complaints in cases of domestic violence. Awareness raising campaigns were taking place on a regular basis, some of them involving male celebrities.

Electronic bracelets, which were now worn by the perpetrators of domestic violence, helped protect their victims as they could no longer approach them.

Independence was the core of the Office of the Ombudsman. Members of the Government could not interfere with the Ombudsman’s mandate. The Office of the Ombudsman had indeed been moved, but within the city of Bratislava.

Lesbian, gay, bisexual, transgender and intersex persons were not subject to torture or any other inhumane treatment in Slovakia. They were instead recognized as a vulnerable minority deserving special protection. To enhance their protection, an amendment to the Criminal Code had included a crime cause by hatred based on sexual orientation or gender identity. Such crimes were perceived in the same category as racial crimes.

All forms of discrimination and segregation in schools were prohibited; Roma pupils could not be placed in separate classes based on their ethnicity, the delegation emphasized. Several schools and kindergartens were involved in a national project on inclusive education.

Regarding Roma civil guards, a delegate explained that the total number of guards stood at 229. The main objective was to strengthen local activism and promote community development, while eliminating socio-psychological phenomena in risk groups and increasing security in villages. Such guards had undertaken appropriate training and were cooperating with municipal police forces.

Follow-up Questions by Experts

JENS MODVIG, Committee Member and Country Rapporteur for Slovakia, asked whether severe pain or suffering inflicted by police officers would be defined and punishable as torture. Collecting statistics on ethnic background of victims of torture would be welcome, the Expert reiterated.

How many cases had there been when individuals were kept in custody for 72 hours because of “serious crimes”? Did detainees have the right to contact both families and lawyers? Did any detainee have an unconditional right to see a lawyer and a medical doctor from the onset of his arrest?

The Expert asked about the number of complaints against the police on a yearly basis.

Could statistics be provided on detained asylum seekers? How many rejections had been refused through an appeal procedure?

The question of diplomatic guarantees in cases of torture was raised again, and the Expert voiced the Committee’s concerns in that regard.

GEORGE TUGUSHI, Committee Member and Country Rapporteur for Slovakia, asked for a clarification on the financing of the National Human Rights Centre. Were there any reform plans in place?

Was the Office of the Ombudsman sufficiently funded and were there any plans to increase its budget?

Many crimes included racial motivation as an aggravated circumstance. Were there plans to expand it to apply to all crimes?

A recommendation had been given to remove all fixtures on the walls in cells to which prisoners could possibly be attached, the Expert reiterated.

On the issue of minors, Mr. Tugushi noted that their initial questioning seemed too often to take place without the presence of their guardian or lawyer. Was attention being paid to such cases?

Perpetrators of trafficking in human beings were often sentenced lightly and their sentences were not commensurate with the crime committed.

Another Expert raised the issue of the internal oversight system in the judiciary.

Was there a comprehensive policy in place regarding the Roma population, the Expert asked.

What were the criteria for the evaluation of human rights training conducted for judiciary and State officials, another Expert inquired. Training ought to be result-oriented; the judiciary, for example, had to intervene better and faster in cases of torture, so that the number of such cases decreased.

The Expert commented that the size of cells was still small, which could lead to tensions. Four square meters were considered the minimum acceptable standard. Persons in solitary confinement were particularly vulnerable.

The Košice case was raised again by an Expert, who wanted to know more about the current responsibilities of the two policemen who had been reinstated. What were the other eight dismissed officers doing?

Was the State party considering establishing an independent commission to look into all the cases of forced sterilization of Roma women in communist and post-communist periods? Was the Government open to the idea of opening criminal investigations?

An Expert asked about several reported cases of torture in several Slovak prisons. What had been the issues in question, could more details be provided?

Responses by the Delegation

Pain or harm inflicted by police on the ground of racist or other discrimination was covered by the legislation and punishable, the delegation confirmed.

Slovakia followed the CERD recommendation on ethnically disaggregated statistics, which seemed to be contradictory to the one by the Committee against Torture.

A recent decision by the European Court of Human Rights had been in favour of Slovakia with regard to the extradition of an individual to the Russian Federation. Guarantees given to the Slovak authorities by the Prosecutor-General of the Russian Federation had thus been taken into consideration. Employees of the Slovak Embassy in Moscow had carried an on-sight visit to the prison where the person in question had been held.

The number of psychiatrists in prisons had increased quite significantly, the delegation responded. The number of complaints on ill-treatment of prisoners had gone down.

People with long-term sentences had cells with at least 6.5 square meters in size. Prisons were being reconstructed to guarantee at least four square meters per inmate. It was expected the electronic monitoring system would further decrease the number of prisoners.

Regarding apprehended foreigners, it was clarified that they had the right to inform lawyers, next to kin and their Embassies. If the person needed or requested medical care, it was provided.

The latest statistics showed that there were 331 asylum seekers in detention centres. There were brochures with necessary information provided in 26 languages.

Human trafficking was a matter of concern for Slovakia. The crime was punishable by five to ten years in prison. The process of proving the trafficking was sometimes very demanding. Slovakia was one of eight countries which had created a joint training and education methodology for investigators.

The delegation reiterated that the deadline of 48 hours for detention could not be exceeded. If the person was not referred to the court, he had to be released. The detained person had immediate access to medical care if needed.

The apprehended were informed in writing about the reasons for being held once they reached the police station.

The authorities were working on removing the remaining rings from cell walls.

The delegation said that the number of complaints on police violence was monitored by the Ministry of the Interior. Figures would be provided in writing within 48 hours.

The situation of the eight dismissed policemen from the Košice case would also be presented in writing, the delegation stated.

Concluding Remarks

FEDOR ROSOCHA, Permanent Representative of Slovakia to the United Nations Office at Geneva, thanked the Committee for its comments and questions. Slovakia appreciated the prevailing spirit of openness and constructiveness of the interactive dialogue. Contribution by the non-governmental organizations was acknowledged. The examination had proved the prominent role of the Convention among the core human right treaties within the United Nations system. Slovakia perceived monitoring as an ongoing process and would carefully examine the Committee’s recommendations as an important guidance to further enhance the level of human rights protection.

CLAUDIO GROSSMAN, Committee Chairman, thanked the delegation for answering the Committee’s questions and reminded that additional responses could be provided in writing within 48 hours. If the delegation had any questions or lacked clarity on some issues raised by the Committee, those could also be expressed in writing.

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