2016

The Ombudsmen’s Office

2014-2015 REPORT ON NATIONAL PREVENTION OF TORTURE 2014-2015 REPORT ON NATIONAL PREVENTION OF TORTURE

Contents

3 Introduction

4 Powers of the national preventive mechanism

5 Methodology for performance of the national prevention of torture

5 Questionnaire-based inspections

6 Indepth inspections

6 Thematic inspections

7 Stages of inspections

8 Follow-up visits

8 Involvement of experts

9 Cooperation

10 Most important systemic problems identified

10 Social care institutions

17 Child Care Institutions

19 Children’s Cocialisation Centres

20 The Mental Institutions

21 Police Custody Facilities

22 Follow-up inspections in Police Custody Facilities

26 Imprisonment Institutions

27 A follow-up inspection

32 Places of Detention and Accommodation of Foreigners

2 2014-2015 REPORT ON NATIONAL PREVENTION OF TORTURE

Introduction

On 3 December 2013, the Seimas of the Repub- garnered to possible problems and aspects which lic of ratified the Optional Protocol could lead to breaches of the rights of detained to the Convention against Torture and Other persons. Also, a progressive and respectful at- Cruel, Inhuman or Degrading Treatment or Pun- titude is promoted, with the view to achieving ishment (OPCAT) and designated the Seimas the long-term goal, namely to ensure that the Ombudsmen’s Office as the national preventive rights of individuals held in places of detention mechanism. are not violated.

Amendments to the Law on the Seimas Ombuds- The new mandate appeared to be a visit-intensive men were adopted giving the mandate to the task. In a small country Lithuania, where the Seimas Ombudsmen’s Office to implement the population does not reach 3 million, there are national prevention of torture by regularly visit- around 450 places of detention. Visits are planned ing places of detention. Respective provisions with due regard to the number of institutions of of the said laws entered into force as from 20 different nature (social care and psychiatric insti- January 2014. Therefore, 2014 was the first year tutions, police custody facilities and premises of when the Seimas Ombudsmen implemented the temporary detention, incarceration institutions, preventive mandate. children’s socialisation centres, institutions of detention and accommodation of foreigners). In It should be noted that even though the OPCAT two years over 85 visits were carried out. became active and the implementation of the national prevention of torture under the protocol This Report gives a presentation on preventive started only from January 2014, monitoring of the work for the first biennium of the preventive man- situation of human rights in places of detention date, 2014 and 2015. It overviews the structure of commenced already back in 2011. During years of the national preventive mechanism, its powers, 2011-2013, 14 inspections of places of detention the methodology of inspections of places of de- were carried out. tention, the outline of the investigations carried out, the most significant systemic problems iden- These investigations convinced us that preventive tified, recommendations provided, cooperation activities against torture and other violations of between the Seimas Ombudsmen and Lithuanian human rights are necessary and create positive as well as international institutions and NGOs, and results, including the attention of institutions other activities.

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Powers of the national preventive mechanism

When implementing the national prevention The Seimas Ombudsmen are assisted by employees of torture, the Seimas Ombudsmen enjoy ex- of the Seimas Ombudsmen’s Office in organising tensive powers, namely they have the right to and performing activities of the national prevention choose which places of detention to visit and of torture assigned to them. The employees of the which persons to interview, to enter all places Office regularly visit and inspect places of deten- of detention and their premises and to have tion seeking to identify any indications of torture access to their installations and facilities. The or other cruel, inhuman or degrading treatment Seimas Ombudsmen also have the right to have or other human rights violations; they supervise private interviews with the persons deprived of the implementation of the Seimas Ombudsmen’s their liberty without witnesses, as well as with recommendations in the area of national prevention any other persons who may supply relevant of torture and perform other functions assigned. information, and to conduct inspections of places of detention together with selected Currently the Human Rights Division is composed experts. Inspections are organised to any place of 4 employees (all of them are lawyers) who where persons are or may be deprived of their regularly visit and inspect places of detention liberty, i.e. police custody facilities, imprison- and supervise the implementation of recom- ment, care and mental institutions, institutions mendations submitted after visits. Occasionally, for treatment of infectious diseases, institutions the Ombudsmen also take part in preventive for holding or accommodating foreigners and visits, and they are responsible for controlling the other institutions. activities of the Human Rights Division.

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Methodology for performance of the national prevention of torture

On 5 February 2014, the Head of the Seimas Om- questionnaires cover the most important issues budsmen’s Office approved the Programme for related to ensuring security and suicide preven- Implementation of National Prevention of Torture tion, use of special, restrictive and disciplinary establishing tasks and measures of national preven- measures, material conditions of detention (hous- tion of torture. The Programme for National Preven- ing), nutrition, health care, ensuring persons’ inde- tion of Torture contains analysis of the number of pendence and autonomy as well as provision of institutions in Lithuania falling into the category of information and examination of complaints. These places of detention defined in the Optional Proto- questionnaires are prepared taking into account col, models of activities and experience of national the requirements of national and international preventive mechanisms of other countries, the Op- legal acts as well as the standards of the Commit- tional Protocol Implementation Manual prepared tee against Torture. Preparation for inspections by the Association for the Prevention of Torture, included analysis of the requirements provided the Guidelines on National Preventive Mechanisms for in legal acts, the standards of the Committee drawn up by the Subcommittee on Prevention of against Torture and its reports following visits to Torture and Other Cruel, Inhuman or Degrading Lithuania as well as collection of material on the Treatment or Punishment of the Committee against institution to be inspected. Institutions were not Torture of the United Nations (the Subcommittee on notified in advance of questionnaire-based inspec- Prevention) as well as standards, recommendations tions. All inspections lasted no more than one day. and reports of the European Committee for the No inspections lasted several days or were carried Prevention of Torture and Inhuman or Degrading out during non-working days or public holidays. Treatment or Punishment (the Committee against Torture). The Programme also discusses types and In 2014 and in 2015 the majority of conducted methodology of inspection of places of detention. inspections were questionnaire-based.

In the course of performance of the national In 2014, thirty five questionnaire-based inspec- prevention of torture, questionnaire-based tions were conducted. Out of that number, inspections, thematic inspections and in-depth 10 questionnaire-based were carried out in social inspections are carried out. care institutions, 1 – in mental institution, 9 – in police custody facilities and premises of tempo- rary detention, 5 – in imprisonment institutions, QUESTIONNAIRE-BASED and 10 – in institutions of detention and accom- INSPECTIONS modation of foreigners.

This type of inspection is based on completing In 2015, thirty questionnaire-based inspections questionnaires adapted to each institution; these were conducted: 19 inspections in social care

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institutions for adults, 5 – in police custody facili- Thematic inspections in 2015 encompassed ties and/or premises of temporary detention, and ones conducted in imprisonment institutions 6 – in frontier stations. (Lukiškės Remand Prison – Closed Prison, Panevėžys Correction House and Re- mand Prison for Minors – Correction House), INDEPTH INSPECTIONS where ensuring of rights and freedoms of vulnerable inmate categories, such as women, An in depth-inspection is a comprehensive evalu- minors and persons with a physical disability, ation of human rights and freedoms. was assessed. In addition, thematic inspections were carried out in child care homes ( In 2014 an in-depth inspection was carried out Child Social Care Home, Child Social Care Home in the Foreigners’ Registration Centre with the “Gilė”, public institution Children and Adoles- participation of several members of the Seimas cents Social Centre and Mintis Child Social Care Committee on Human Rights. The inspection Home) where the issues assessed included en- lasted several months involving visits to the suring a sufficient number of the staff, involve- centre as well as gathering information from ment of volunteers, treatment of children by the institution and other sources. Following an the staff and protection against inappropriate inspection, a report was drawn up; the report behaviour, application of disciplinary measures, contained detailed information on the situation development of social skills, organization of of human rights and freedoms in the Centre, risk leisure, familiarization of children with their factors, problems identified and good practice. rights and obligations, availability of informa- tion and others.

THEMATIC INSPECTIONS Thematic inspections are also performed in response to the information which appeared in During thematic inspections, a concrete area (or the media. The Seimas Ombudsmen continu- areas) is focused on, for instance, provision of ously monitor the information disseminated health care services, creation of general climate in the public space in relation to events in of security, prevention of smoking and alcohol places of detention and decides to conduct consumption, imposition of penalties, issues of monitoring of the human rights situation in an the staff, or concrete persons are focused on, appropriate institution. In 2015, an inspection for example, groups of vulnerable individuals was carried out in the Foreigners’ Registration (women, minors and persons with a physical Centre in response to the information which disability), etc. appeared in the media with regard to possible violations of the rights of persons detained In 2014, thematic inspections were carried out in there (regarding such issues as overcrowding all six children’s socialisation centres in Lithuania of the Centre, residential premises infested with where the procedure for placement into pacifying parasites, a possibility of cooking one’s food rooms and conditions of keeping in these rooms and receiving nutrition according to religious were assessed. and cultural convictions, organization of ad-

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ditional activities and a lack of wheelchairs for noticed shortcomings and recommendations persons with a disability of mobility). for eliminating them and it was submitted to the heads of institution, and, where necessary, to other responsible institutions. STAGES OF INSPECTION However, it was noticed that many problems 1. Preparation for the visit were systemic, therefore individual reports were 2. Conducting the visit replaced by common reports following inspec- 3. Writing a report with findings and recom- tions of several places of detention of the same mendations type. Such reports assessed factual circumstances 4. Publishing the report on the Internet according to appropriate areas and described sys- 5. Sending the report to the head of the moni- temic human rights violations identified as well tored institution as the best practice observed in the institutions 6. Consultations regarding possible imple- in order to improve the persons’ living/detention mentation measures of issued recommen- conditions. dations 7. Receiving feedbak from the place of detention All reports on inspections in places of detention 8. Considering whether to make a follow-up are published on the website of the Seimas Om- visit budsmen’s Office.

Preparation for inspections included review of It is noteworthy that according to Article 191 (6) of the requirements of legal acts, case law, and the the Law on the Seimas Ombudsmen, competent standards of the Committee for the Prevention of institutions must examine proposals (recommen- Torture and its reports following visits to Lithu- dations) of the Seimas Ombudsmen, consult the ania collecting material about the institution to Seimas Ombudsmen regarding possible measures be inspected. Planned inspections were not for implementation of the proposals (recommen- notified in advance. dations) and notify the Seimas Ombudsmen of the results of implementation of their proposals During the visit, officials carrying out an inspec- (recommendations). tion communicated with heads of institutions, the staff of the administration and other staff as The institutions examined the conclusions set well as detainees and, if that was possible, with out in the reports and submitted plans for the their relatives. Also, various premises (personal, implementation of the recommendations with common-use) were inspected, the installation of specific timeframes for the implementation the premises was assessed, the infrastructure of of particular recommendations. It should be the institution as well various registration logs noted that a part of the recommendations of and other documents were examined. the Seimas Ombudsmen were fully or partially implemented. Cooperation further continues In the first year of work, following each inspec- regarding the recommendations which were tion, a report was prepared with conclusions on not implemented.

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We note with great pleasure the willingness In 2015, more follow-up visits were conducted. to cooperate with the Seimas Ombudsmen’s The Seimas Ombudsmen made follow-up visits to Office, to take into account the provided rec- one imprisonment institution, three care institu- ommendations and make efforts to implement tions for adults and two police custody facilities them demonstrated by the majority of institu- and premises of temporary detention. tions. Unfortunately, failure to implement the recommendations is often related to the lack of funding. INVOLVEMENT OF EXPERTS

Seeking to ensure proper implementation of While performing the national prevention of recommendations, the Seimas Ombudsmen carry torture, it is crucial to involve experts, namely out follow-up monitoring of the situation of hu- persons with special knowledge and compe- man rights. Therefore, a lot of attention was paid tence who are capable of providing assessment to observing the implementation of the recom- of a situation based on their expert knowledge mendations, namely the information on imple- supported by practical skills. mented recommendations or recommendation implementation plans submitted by institutions In 2014, a preliminary roster of experts including was carefully analysed and lacking information representatives of various state institutions, re- was requested. To the extent possible, follow-up search establishments and NGOs who expressed visits were carried out. their consent to assist the Seimas Ombudsmen in the performance of the national prevention of torture, draft Rules of procedure for inclusion of FOLLOW-UP VISITS experts in inspections of places of detention, and a draft model agreement on provision of expert The purpose of follow-up visits is to clarify the services. This preparatory work was finished in results of implementation of recommendations 2015 adopting the Rules of Procedure for Inclu- issued by the Seimas Ombudsmen since the sion of Experts in Inspections of Places of Detention control of recommendation implementation is a (approved by 24 August 2015 Order No 1V-4 of very important aspect of the national prevention the Head of the Seimas Ombudsmen’s Office),A of torture making it possible to establish whether Model Agreement on Provision of Fee-paying Expert the recommendations were implemented and Services with annexes: Certificate of Confidentiality what specific actions were undertaken by the (Annex 1) and Declaration of Objectiveness (Annex institution to implement them. 2) (approved by 24 August 2015 Order No 1V-42 of the Head of the Seimas Ombudsmen’s Office), In 2014 only one follow-up visit was carried out A Roster of Experts for Inclusion in Inspections of in a case where doubt arose as to whether the Places of Detention (approved by 3 December recommendations were indeed implemented. 2015 Order No 1V-65 of the Head of the Seimas The institution was visited after the working hours Ombudsmen’s Office) as well as the plan of the and the information submitted by the institution content of introductory training for experts and was verified on site. the memorandum of monitoring.

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In 2015, external experts (psychologists) were representatives of the Psychological-Pedagogical involved twice during inspections of child care Service of City and Lithuania’s representa- homes. tive on the Committee against Torture, psychiatrist Vytautas Raškauskas.

COOPERATION Seeking to develop cooperation and partnership with other institutions, the following meetings While performing the function of the national were organised: with the Ombudsperson for prevention of torture, it is also important to en- Children’s Rights regarding the performance sure inter-institutional cooperation. of the national prevention of torture in places of detention where children are kept, with the Thus, in 2014, a lot of attention was paid to meet- representative of the United Nations High Com- ings with experts in prevention of torture. Member missioner for Refugees in Lithuania regarding of the Subcommittee on Prevention Mari Amos cooperation in eliminating human rights vio- visited the Seimas Ombudsmen’s Office twice and lations in the environment of asylum seekers provided consultations to advisers of the Seimas and monitoring of the human rights situation Ombudsmen. During the first visit, the discussion in frontier stations, and with representatives of with Mari Amos focused on issues of implemen- Lithuanian NGOs acting in the area of protec- tation of the Programme for National Prevention tion of human rights regarding cooperation and of Torture in Lithuania and sharing experience participation of experts in the implementation in monitoring of places of detention. The expert of the Programme for National Prevention of made recommendations on possible ways to Torture. improve methods of prevention and encouraged to draw up a 5-year plan of inspections in places In 2015 the Seimas Ombudsmen focused on of detention. During her second visit in Lithuania, meetings with heads of responsible authorities the member of the Subcommittee on Prevention as well as places of detention and their associa- organised training at the Seimas Ombudsmen’s tions organized in various of Lithuania. Office and visited, together with employees of These meetings provided an opportunity to the Office, the care home for the elderly. present the mandate of national prevention of torture as well as the most relevant problems Cooperation possibilities in performing the na- identified in 2014–2015 and discuss solutions to tional prevention of torture were discussed with such problems.

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Most important systemic problems identified

SOCIAL CARE INSTITUTIONS

Problems indentified in Social Care Institutions

In 2014, the Seimas Ombudsmen assessed the human rights situation in ten institutions of social care (for disabled adults and the elderly). The fol- lowing are the main problems and human rights violations identified:

1. Regarding ensuring safety of residents – In the majority of institutions inspected (in seven out of ten), defects of the emergency alert system were identified: in some institutions such sys- tem was not installed, while in others it did not function or was inefficient and did not perform its direct function of ensuring residents’ safety. were inaccessible to the disabled; there were Another important aspect of residents’ safety no appropriate conditions for moving inde- is the preparedness of residents and the staff pendently, taking into account the age and the of the institution for emergencies, for instance, condition of health; it had not been ensured a fire. In one of the institutions visited, a fire that all residents in their residential room safety inspection had not been carried out, in have a possibility to observe the environment another one, the staff and residents admitted through the window, taking into consideration that in case of fire they would not know what the hight of windows and the location of the particular actions should be taken to ensure bed. Cases have also been established where safe evacuation, in yet another one, stairs the required minimum living space per person leading to the ground floor were especially (5 m2) was not ensured or residents were not steep, therefore, it was likely that in case of fire sufficiently supplied with means of hygiene. residents would not be able to evacuate in a timely and safe manner. 3. Regarding ensuring residents’ privacy – In certain care institutions, residents did not 2. Regarding the living environment and condi- have a possibility to lock their residential tions for the disabled – Not in all care institu- room from inside, it also happened that at tions the environment of residential rooms was night (and sometimes during the day) the similar to that of home; the main entrance and staff locked residential rooms without the other premises, including hygiene premises, residents’ consent; the staff did not knock on

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the door before entering the rooms; at the programmes; where physical restraint measures time of washing and bathing the residents were applied to residents (medical belts, place- who are not able to do that themselves, ment into the isolation room), decisions regard- screens were not used, privacy was not en- ing their use were made not by a medical doctor, sured during medical check-ups; there were but by the administration of a care institution, no separate premises (a private space) for and the application of such measures was not private meetings with family or friends, or registered. where two residents could spend some time together; individuals did not always have a 6. Regarding the adequate number and compe- possibility to use all the cutlery. tence of the staff – Not in all care institutions the composition and number of the staff (24 hours a 4. Regarding individual care and encouragement day) met the needs of residents; and not all the of independence – Not in all care institutions staff took part in training programmes on the individual social care plans were drawn up rights of the disabled or the elderly. The majority for residents following an assessment of their of recommendations addressed to care institu- needs, or such plans were drawn up without the tions were related to the installation and proper participation of residents, and the independ- functioning of the emergency alert system; also, ence of residents was insufficiently encour- several recommendations were provided regard- aged: there were no appropriate conditions ing these issues: encouragement of independ- for residents to cook themselves (there was a ence of persons kept in institutions, appropriate lack of crockery and cutlery), there was no pos- organisation of leisure, ensuring privacy, acces- sibility to express their preferences with regard sibility of institutions’ entrances and premises for to foodstuffs and/or choice of dishes, or to the disabled, drawing up individual social care independently develop skills by washing their plans and participation of residents therein, ap- clothes, etc.; individuals were not encouraged propriate provision of relevant information, and or taught to use a computer and the Internet; proper application of physical restraint measures; they were not encouraged to learn alternative in addition, practically all institutions were ad- communication skills such as Braille and/ or the vised to organise, as possible, training to the staff sign language. on protection of human rights and fundamental freedoms and the rights of the disabled. 5. Regarding provided health care services – Not in all care institutions health care services were In 2015, the Seimas Ombudsmen assessed the provided in compliance with the requirements human rights situation in nineteen institutions of of legal acts regulating provision of such services: social care (for disabled adults and the elderly): there were no residents’ signatures (regarding The following are the main problems and human consent to or refusal of treatment prescribed rights violations identified: to them) next to entries in medical histories of residents; residents were not notified of having 1. In 10 (ten) care institutions of Kaunas , an oncological disease; they were not offered to namely, public institution Rumšiškės Care make use of state-funded preventive health care Home for the Elderly “Auksinis Amžius”,

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public institution “Globasta”, public institution The following are the main problems and human Ežerėlis Nursing Home, Kaunas Panemunė rights violations identified: Care Home for the Elderly, Kėdainiai Social Care Home, Care Home, Čekiškė Social 1. Regarding ensuring safety of residents – Not Care Home, public institution Home for the all institutions were able to provide appropri- Elderly “Užusaliai”, public institution “Amžiaus ate additional care and services to persons Žiedas” and Vilijampolė Social Care Home (14 (aggressive residents) which needed such September 2015 Report No 2015/1-74); services; in certain care institutions, defects of the emergency alert system were identi- 2. In 9 (nine) care institutions of Panevėžys fied: in some institutions, such system was county, namely, public institution St Joseph’s not installed (including personal hygiene Care Home, the Centre of Services and Oc- premises), while in others it was not acces- cupation for the Elderly and the Disabled of sible to all residents or was not always within District, public institution Pasvalys reach of a hand, or it did not function or was Hospital, Jotainiai Social Care Home, public inefficient, and sometimes the staff did not institution St Vincent de Paul’s Care Home of respond to the emergency signal; assessing Biržai parish, public institution Ona Milienė’s the safety of residents in case of a fire (fire Care Home for the Elderly, Kupiškis Social safety) or in case of other emergencies, it Services Centre, Legailiai Social Care Home, was observed that in some institutions stairs and public institution “Vilties Namai”. leading to the ground floor were steep; in certain institutions, evacuation stairs were Inspections were also conducted in four child not installed properly; in some institutions, care institutions of , namely, accidents were not registered in a special log Antakalnis Child Social Care Home, Child Social or were registered inappropriately. Care Home “Gilė”, public institution Children and Adolescents Social Centre, and Mintis 2. Regarding ensuring residents’ privacy – In Child Social Care Home (29 February 2016 certain care institutions, residents did not Report No 2015/1-137). have a possibility to lock their residential room from inside (considering the level of their independence), it also happened that Follow-up inspections the staff locked residential rooms without in Social Care Institutions the residents’ consent; often, the staff did not knock on the door before entering the Follow-up inspections were carried out in three rooms (or they did not always knock); privacy social care institutions for adults, namely, Paberžė was not ensured in personal hygiene prem- Care Home (13 May 2015 Report No 2015/1-47), ises; in one institution, video surveillance the Home for the Elderly of public institution cameras were installed in residents’ rooms; “Sevilis” (13 May 2015 Report No 2015/1-48), sometimes, 5–6 residents shared the same and the Care Division of Eišiškės Personal Health room; in one institution, residents lived in a Care Centre (13 May 2015 Report No 2015/1-49). room which led yet to another room; privacy

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was violated when a person with mental disor- was explained by a severe health condition ders disturbed other residents; at the time of of residents; there were no appropriate con- washing and bathing the residents who were ditions for residents to cook themselves (a not able to do that themselves, or changing kitchen was not appropriately installed); resi- their diapers, screens were not used; privacy dents were not encouraged to use all cutlery was not ensured during medical check-ups. when eating, or to independently develop skills by washing their clothes and taking 3. Regarding shortcomings related to adaptation care of their personal hygiene, especially oral of premises to disabled persons and mobility on hygiene; individuals were not encouraged or the territory of the institution – In some institu- taught to use a computer and the Internet. tions, the main entrance and other premises, including hygiene premises, were inaccessible 5. Regarding application of restrictive measures – to the disabled; the territory was not adapted Sometimes, restrictive measures were applied to the residents’ needs, there were no appro- without a clearly-defined procedure and a priate conditions for moving independently, medical doctor’s permission, or continual taking into account the age and the condition surveillance of a person subject to such a of health; sometimes, residents did not have measure was not ensured, it was also identi- a possibility to use a lift when they needed fied that cases of application of such measures it; it was not ensured that all residents with were not always registered or were registered, a mobility disability in their residential room but not in a special log. had a possibility to observe the environment through the window, taking into consideration 6. Regarding provided health care services – Not the height of windows and the location of the in all care institutions health care services bed; not all institutions had a possibility to take were provided in compliance with the re- outside persons with a severe mobility disability quirements of legal acts regulating provision (who were always lying in bed). of such services: there were no residents’ signatures (regarding consent to or refusal of 4. Regarding individual care and encourage- treatment prescribed to them) next to entries ment of independence – Not in all care institu- in medical histories of residents; not in all in- tions individual social care plans were drawn stitutions the right of residents to refuse treat- up for residents following an assessment of ment was ensured; where physical restraint their needs, or such plans were drawn up measures were applied to residents (medical without the participation of residents, or the belts, placement into the isolation room), de- plans were not reviewed according to the cisions regarding their use were made not by timeframe provided for in legal acts, or social a medical doctor, but by the administration of work was not always recorded in detail; cases a care institution; in some institutions, medici- were also identified when the independence nal products were not suitable for use (they of residents was insufficiently encouraged: were past the expiry date); besides, residents in one institution, autonomy promotion pro- often purchased various medicinal products grammes were not conducted at all, which from their own funds; in certain institutions,

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residents did not have a possibility to receive residential rooms of several institutions, there services of a psychologist; some institutions, was too little daylight and/or artificial light. possibly, inappropriately conducted harmful habits’ prevention programmes. 9. Regarding installation of premises, provision of inventory to residents and personal hygiene – 7. Regarding the adequate number and compe- During inspections it was established that tence of the staff – Not in all care institutions the environment of residential rooms was not the composition and number of the staff (24 always sufficiently similar to home environ- hours a day) met the needs of residents, in ment; in some institutions, there was a lack of addition, when only the minimum number furniture (tables, cupboards), not all inventory of the staff was ensured, this number was not was in good order (broken doors, furniture with sufficient; it was also established that not all ragged upholstery, cabinets without handles, a the staff took part in training programmes cupboard with a broken door lock, a light switch on the rights of the disabled or the elderly; in a toilet was not working, a television set was the staff was not sufficiently informed about not working because of a lack of a plug-in); not mental health care, management of aggres- in all institutions, residents had appropriate sive behaviour, psychology of conflicts and conditions for eating; not in all institutions, the prevention of violence, and they did not number of showers and bathroom premises always improve their skills in the areas of re- as provided for in legal acts met the residents’ habilitation services, patients’ rights, mental needs; not everywhere, residents had a possibil- health law and social care law; in several in- ity to keep their personal belongings safely in stitutions, the staff used stigmatizing epithets locked cupboards or cabinets; in the majority and treated residents in an unethical and of institutions, mattresses given to residents disrespectful manner, or performed their were often worn-out, dirty or torn, and they obligations inappropriately; in the majority were not disinfected before passing them over of institutions, internal work organization for use to other residents; in almost all institu- was not always based on a just work pay and tions, residents’ underwear was changed once appropriate workload. a week; there were doubts on numerous occa- sions whether residents who were not able to 8. Regarding ensuring the minimum living space take care of themselves were washed every day requirements, and ventilation, cleanness and and whether sheets and clothes were changed lighting of premises – In one institution, the according to the need, but at least once a week; requirement of the minimum living space in some institutions, clothes and/or shoes worn was violated when a premise was shared by by residents were dirty and/or ragged; in one more people than the envisaged number of institution it was established that the institu- places; sometimes, a room was shared by tion did not wash personal clothes of residents; more than 4 residents; not all institutions sometimes personal hygiene means were over ensured cleanness and order; not in all insti- in sanitary units; residents often used the same tutions, residential premises were ventilated, personal hygiene means; the institution did not there was a lack of ventilation equipment; in supply all necessary hygiene means to residents

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(quite often, residents bought means of oral residents’ wishes regarding a menu were not hygiene from their own funds). taken into account (to put less salt into food); not in all institutions there was a possibility for 10. Regarding availability of information and satis- residents to familiarize themselves daily with a faction of residents’ wishes – In all institutions menu in the format understandable to them; it was established that residents were only in one institution, the same food was provided formally familiarized with internal regulations according to the same menu every two weeks. and that their rights and obligations were not explained to them in a language they under- 11. Regarding other observed violations – During stood; not all institutions had information inspections it was also established that in some boards with relevant information; in several institutions menus were drawn up by a member institutions it was established that residents did of the staff who did not have special knowledge not know how to behave if they experienced or appropriate education necessary for draw- inappropriate treatment from the staff or other ing up menus; in one care institution it was residents; newly arrived residents were not established that a part of residents was served always asked about a person they wanted to food in disposable plastic crockery; in another share a room with; a case was established that institution, residents who had been ill with tu- an institution did not consider moving a person berculosis in the past were accommodated and out of a room when persons sharing the room fed separately from others; not in all institutions were always arguing; it was also established residents’ clothes were individualized, residents that residents were often afraid and did not were clothed in common-use clothes; in certain have enough courage to submit requests to institutions, residents lacked versatile leisure the administration; there were cases when activities or such activities were not organized the staff did not take residents’ requests into at all; not everywhere, residents had a possibil- consideration (regarding non-functioning ity to use alternative communication means television or radio sets; domestic help to a per- in cases a person did not have or had lost the son with a physical disability; controlling noisy ability to speak or other communication abilities neighbours); in some institutions, the staff did due to the health condition; not all institutions not provide answers to residents’ inquiries; it provided a possibility for an unmarried couple was also established that in one institution the to live together, sexual education was not staff did not buy various items for residents and conducted either and/or nothing was done to did not even offer such a service; in other in- ensure provision of contraceptives to residents. stitutions, following a purchase of items which residents asked for, copies of receipts were not kept, which made it difficult to address related Recommendations following problems (regarding purchase of inappropriate inpsections in Child Care Institutions items, or possible misappropriation of money by the staff while buying items for residents); Following inspections in ten social care institu- not in all institutions residents were asked tions for adults of , 41 recom- about desirable nutrition, and sometimes mendations were issued: to the Ministry of Social

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Security and Labour of the Republic of Lithuania residents wishing to leave a care institution and (8), the Ministry of Health (1), the State Food live independently in the community, care institu- and Veterinary Service (1), the Fire and Rescue tions were obligated to take steps and help such Department and the Department of Supervision a person as well as make sure that he/she would of Social Services (31). be ensured appropriate living conditions and pro- vided necessary services in the community, in ad- While providing information on the implemen- dition, the deinstitutionalization process of care tation of 31 (thirty-one) recommendations ad- institutions which was underway currently would dressing the shortcomings specified above, the help to better assess how many and what services Department of Supervision of Social Services were accessible to persons willing to leave a care indicated that all the institutions listed in the institution and live independently in the com- Report would be included into a list of more risky munity as well as provide them; when conduct- institutions and a plan of care institutions to be ing inspections, the Department of Supervision assessed according to the relevance of informa- of Social Services always evaluated whether the tion provided in the Report and, if need be, ap- environment of an institution was adapted to propriate measures would be taken. persons according to their needs and whether legal acts ensured transfer of orderly and clean The Ministry of Health also agreed with a recom- mattresses and sheets to residents, however, the mendation provided by the Seimas Ombudsman Ministry also noted that it had addressed social regarding improvement of legal regulation, drew care institutions and would consider a necessity up draft amendments to legal acts and submitted of improvement of legal acts. them for approval to stakeholder institutions. However, several recommendations (4 out of 8) Yet another recommendation related to amend- remained unimplemented. The Ministry of Social ment of legal acts by providing for an obligation Security and Labour indicated that there was no for social care institutions for adults to coordinate necessity to improve legal regulation regarding menus with territorial divisions of the State Food the establishment of a higher minimum number and Veterinary Service also received support from of the staff, drawing up of guidelines for recording the director of the Service, however, he proposed (description) of social work, the establishment of to include such a requirement not into the Law rights to living in a couple, sexual education and on Food of the Republic of Lithuania but into availability of contraceptives, or supplementation another legal act. of the licensing procedure with the minimum fire safety requirements. According to the Ministry, The Ministry of Social Security and Labour agreed current legal regulation is sufficient and ensures in principle regarding 4 (four) recommendations the provision of quality services of long-term indicating that institutions were encouraged to social care. improve the competence of the staff in various ways, besides, the skills of a staff member of a It is noteworthy that with regard to recommen- care institution had to be improved taking into dations issued by the Seimas Ombudsmen, with account his/her practical activities; if there were which the institutions did not agree, further

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cooperation will be pursued and solutions to cabinets with hygiene items accessible to resi- problems will be sought in order to improve the dents were placed; in order to ensure residents’ human rights situation in care institutions. privacy door signs “free” and “occupied” were hung on hygiene premises’ doors; and the staff So far no information has been received on the were once again reminded about their obliga- implementation of recommendations provided tion to knock before entering residents’ rooms following inspections in social care institutions and the prohibition to lock residents’ rooms. A for adults of Panevėžys County. form of a resident’s consent to the treatment prescribed was approved and is signed in each During 2015, follow-up inspections were also specific case. Residents’ files were reviewed and conducted in three social care institutions for all shortcomings related to individual social care adults, namely, Paberžė Care Home, the Care plans were eliminated (the plans were reviewed Division of Eišiškės Personal Health Care Centre and approved and signed by residents). In a and the Home for the Elderly of public institution social workers’ office, residents may familiarize “Sevilis”, in order to assess whether the recom- themselves with the United Nations Conven- mendations provided during prior inspections tion on the Rights of Persons with Disabilities were implemented (28). Follow-up inspections or read the most recent articles on social skills, revealed that 25 recommendations had been the society’s attitude towards the disabled and implemented (or partially implemented), while the social environment. Residents started using 3 recommendations remained unimplemented, a kitchen installed in an institution more often. therefore, the institutions were again advised to Due to a lack of funding, a recommendation take measures to ensure appropriate implemen- regarding the installation of a wheelchair ramp tation of all the recommendations, besides, 4 rec- to the main entrance of an institution and a lift ommendations were issued regarding additional for the disabled remained unimplemented. shortcomings identified during the follow-up visits (23 in total). CHILD CARE INSTITUTIONS According to the data provided by the institu- tions, they managed to implement almost all Problems identified in Child Care Institutions the recommendations (22): vacant staffing positions were filled in, emergency alert but- The following are the main problems and human tons were installed in residents’ rooms, old rights violations identified in 2015: emergency alert buttons were replaced by new ones, reminders were posted on the walls 1. Regarding the composition and number of with information on the staff which can help on the staff – If a member of the staff falls ill, goes various issues, the “post” of secret complaints, on vacation, etc., the number of the staff is requests and notifications was prepared, and on not sufficient; institutions need a psycholo- information boards residents can find informa- gist on the staff, however, they do not have tion on which institutions to address outside the one; the absolute majority of the staff doing care home. In all hygiene premises, additional social and teaching work are women; mixed

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composition of the staff in terms of gender Children who behave inappropriately are helps to prevent inappropriate behaviour. subject to disciplinary measures, including the prohibition to go outside of the territory 2. Regarding working hours and work pay – The of a care home or go home on weekends or workload is high, while salaries of social work- bank holidays, restrictions on entertainment ers are not sufficient; the turnover of the staff activities or participation in trips or camps, the is high, which does not encourage the forma- prohibition to take part in celebrations held tion of a close positive relationship between in an institution, isolation from other children, children and the staff. restoration (repair) of damaged objects, read- ing a book on a certain subject (about the love 3. Regarding upgrading of qualifications – Quali- for younger ones or good behaviour); children fications upgrading seminars for social work- who behave inappropriately also have to draw ers and their assistants are very expensive, up an explanation about their behaviour and institutions have no funding for such training read it out loud to all the children; quite of- courses, while the staff cannot always afford ten, children are disciplined by reducing the to pay for them themselves. amount of pocket money or its withdrawal; when left in charge of the younger ones, older 4. Regarding the activities of volunteers – The children would discipline them for inappropri- procedure for voluntary activities does not ate behaviour. operate appropriately, because the require- ments for volunteers are not provided for 8. Regarding appropriate preparation of chil- dren for independent life (development of 5. Regarding the general climate of safety – responsibility) – There are no possibilities for Problems arise concerning children with children to have a pet (to take care of it), older behavioural and emotional disorders, because children are not sufficiently encouraged to the staff are not able to provide specialized cook independently. services to such children; the children are not supervised by a psychiatrist; and the Child 9. Regarding prevention of smoking and alcohol Development Centre no longer provides consumption – Quite a lot of children smoke, recommendations on how to work with such and sometimes they return to an institution children. intoxicated with alcohol; educators often do not consider such behaviour of children to 6. Regarding the treatment of children by the constitute a violation of the internal rules. staff and the protection against inappropriate treatment – Communication of the staff with 10. Regarding the procedure for payment of children is inappropriate, the staff speak too pocket money – Children of similar age re- loudly or even shout angrily. ceive a different amount of pocket money in different institutions; the procedure for 7. Regarding applied disciplinary measures payment of pocket money may be abused by and the control of children’s behaviour – an institution by withdrawing pocket money

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from children; children are required to specify Recommendations following inspections in how they are planning to use the money and Children’s Socialisations Centres to report on the money spent. 24 recommendations were provided to respon- 11. Regarding ensuring personal hygiene means – sible institutions in relation to the shortcomings Centralized acquisition of personal hygiene indicated above. Information on the implementa- means does not ensure a possibility for chil- tion of the provided recommendations has not dren to participate in their acquisition and been received yet. express their opinion.

12. Regarding creation of conditions for doing CHILDREN’S SOCIALISATION CENTRES homework – The number of desks and chairs in the rooms did not correspond to the num- Problems identified in Children’s ber of children living in the premises. Socialisation Centres

13. Regarding children’s leisure – Due to the at- In 2014, the Seimas Ombudsmen assessed the titude of the administration towards differen- human rights situation in six children’s socialisa- tiation of leisure clubs or groups according to tion centres (Vėliučionys Children’s Socialisation children’s gender, conditions for club/group Centre; Vilnius Children’s Socialisation Centre; attendance are different; children are not Kaunas Children’s Socialisation Centre Saulutė; happy with the quality of clubs/groups they Kaunas Children’s Socialisation Centre; Gruzdžiai attend, while their complaints are not taken Children’s Socialisation Centre; Children’s Sociali- into account, and their wishes concerning the sation Centre Širvėna). clubs/groups they would like to attend are not considered either. The following are the main problems and human rights violations identified: 14. Regarding familiarization of children with their rights and obligations, availability of 1. Regarding lawfulness of the use of pacifying information and examination of inquiries – rooms – In certain children’s socialisation cen- Due to the fact that anonymity might tres, pacifying rooms were still used, thereby not be ensured, some children avoid ap- posing a possible risk of violation of children’s proaching either their educators, or the rights. Such violations may result from failure administration. to comply with the procedure provided for in legal acts and the standards of the Committee 15. Regarding the “label” of a child from a care against Torture: in certain children’s socialisa- home – Children from an institution are tion centres, the scope of circumstances under often “labelled” negatively. Children face a which a child may be placed in a pacifying stigmatizing attitude both in educational and room was unreasonably extended, and a child personal health care institutions, and in the was placed into the pacifying room without local community. first trying to calm him/ her down by other

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means; no measures were taken to ensure in accordance with the good practice applied that the child is kept in the pacifying room by the two socialisation centres indicated by for as short a time as possible; following the the Seimas Ombudsmen, to abandon the use child’s placement into the pacifying room, of pacifying rooms in the remaining socialisa- the problem of the child’s behaviour which tion centres; should a decision be made to resulted in the placement to the room was install and use pacifying rooms, it should be not addressed. ensured that children’s rights are not violated due to installation and use of these rooms; 2. Regarding safe, secure and appropriate undertake appropriate actions to prevent conditions in pacifying rooms – In one of the unlawful use of special measures against centres, the number of pacifying rooms was children in one of the inspected socialisation insufficient; therefore, more than one child at centres. a time was placed therein; in another centre, pacifying rooms did not meet the applicable installation requirements; proper surveillance THE MENTAL INSTITUTION of the child placed into the pacifying room was not ensured; in certain cases, in order to In 2014, the human rights situation was assessed place the child into the pacifying room, special in one mental institution (Šiauliai Psychiatric measures were applied which are allowed Hospital). The following are the main problems against minors only in exceptional cases – and human rights violations identified: when they resist in a manner endangering human life or health. 1. Regarding safe, secure and appropriate condi- tions – A part of premises was not under sur- 3. Regarding registration of information, noti- veillance by video cameras; therefore, secure fication and complaining against placement environment for patients and the staff was not in pacifying rooms – In many children’s adequately ensured. Besides, the living space socialisation centres, conclusion was drawn in a ward per patient (bed) (7 m2), as required that information on placing and holding by legal acts, was not ensured. In some wards, children in pacifying rooms was not properly there were more than 4 beds, and there were registered; in one of the centres, there were no single-occupancy wards. There were also no possibilities for the child to file a complaint doubts as to whether it was reasonable to against his/her placement into the pacifying restrict a possibility to take a walk outside and room. Inspections of children’s socialisation as to the need for smoking premises. centres focused only on the assessment of the conditions and situation of the placement of 2. Regarding ensuring the right to privacy – The children residing in the centres into pacifying patients had no possibility to lock hygiene rooms. Following the inspection, one joint re- premises from the inside; there were no sepa- port with summarised conclusions was drawn rate premises for patients to have meetings up. It was recommended that the Minister of with family or friends without the presence Education and Science consider a possibility, of strangers; patients were not guaranteed

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nutrition according to religious, cultural or other convictions; patients did not have a possibility to express their preferences with regard to the choice of food.

3. Regarding ensuring the right to receive in- formation – There were doubts as to whether patients were always appropriately informed about the prescribed treatment, its duration and efficiency, medication they are taking, the possibility of alternatives, etc.; the patients’ right to have access to medical documents and receive extracts thereof in accordance with the effective legislation was not ensured; information on sexual and reproductive health was not provided. If need be, inter- pretation services would not be ensured to patients. four police stations as well as premises of tem- 4. Regarding the analysis of patients’ written porary detention of one police station (custody submissions – It was established that the facilities and premises of temporary detention institution does not perform the analysis of of Šalčininkai Police Station of the Police Head- issues raised in patients’ written submissions. quarters of Vilnius County; custody facilities and premises of temporary detention of the Police The mental institution was given recommenda- Headquarters of Panevėžys County; premises of tions regarding appropriate provision of informa- temporary detention of Panevėžys Police Station; tion to patients, ensuring possibilities to exercise custody facilities and premises of temporary the right to privacy, ensuring the minimum living detention of the Police Headquarters of space per patient, proper registration of cases of County; custody facilities and premises of tempo- physical restraint of patients and the analysis of rary detention of Elektrėnai Police Station of the patients’ written complaints, requests, etc. Police Headquarters of Vilnius County).

The following are the main problems and human POLICE CUSTODY FACILITIES rights violations identified:

In the course of assessment of the human rights 1. Regarding violations of hygiene norms and situation in police custody facilities and prem- installation of premises – Most common find- ises of temporary detention in police stations ing was that the detention conditions failed in 2014, inspections were conducted in custody to comply with the hygiene norms, besides, facilities and premises of temporary detention of a number of cells and premises of temporary

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detention did not meet the requirements for 3. Regarding access to additional out-of-cell ac- the installation of such premises: cells were tivities – In certain custody facilities, detainees often insufficiently clean, the obligation to had completely no access to sports, cultural provide detained persons only with disin- and leisure activities. fected (cleaned) soft inventory (a mattress, a pillow, a blanket) was not always complied Custody facilities were mostly recommended with, privacy was seldom ensured in sanitary to ensure the minimum living space per person units of cells, and the sanitary equipment (5 m2), adaptat premises and entrances for the was technically faulty; conditions were not disabled, ensure that the cells are kept clean, pro- provided for drying the laundry; interrogation vide possibilities to detainees to dry the laundry, rooms and residential cells were often not un- ensure privacy by correspondingly screening off der surveillance by video cameras, there were sanitary units; provide detained persons with also cases where the minimum living space adequate information about their rights and obli- per person in custody (5 m2) was not ensured. gations, and provide proper access to information It was also noticed that main entrances to relevant to detainees. police stations and other premises were not adapted for the disabled. In 2015, inspections were conducted in five police stations: custody facilities and premises of 2. Regarding accessibility of health care – Medi- temporary detention of the Police Headquarters cal posts were installed not in all custody fa- of County; custody facilities and premises cilities, and some medical posts operated in of temporary detention of Varėna District Police conflict with the requirements of legal acts Station of the Police Headquarters of Alytus regulating the activities of such services County; custody facilities and premises of tem- (for instance, they did not have a licence or porary detention of Švenčionys District Police a permit-hygiene passport); detainees did Station and premises of temporary detention not always have a possibility to see a psy- of District Police Station of the Police chologist and/or a psychotherapist; medical Headquarters of Vilnius County; and custody documents were filled in inappropriately; in facilities and premises of temporary detention certain cases the quality of food supplied to of Kėdainiai District Police Station of the Police detainees was not checked. There were also Headquarters of Kaunas County (21 May 2015 cases established where detained persons Report No 2015/1-22). were not supervised and checked by a health care specialist with only emergency medical care accessible to them; the condition of FOLLOW-UP INSPECTIONS health of detainees on a hunger strike was IN POLICE CUSTODY FACILITIES not monitored. 3. Regarding appropriate ac- cess to information – There were cases where In addition, follow-up inspections were con- persons placed into custody were inappropri- ducted in two police custody facilities and prem- ately informed of their rights and the internal ises of temporary detention in police stations, regulations of police custody facility. which had been inspected in August–September

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2014: custody facilities and premises of tem- in legal acts; disabled persons do not always porary detention of the Police Headquarters of have access to premises without additional (9 June 2015 Report No 2015/1-54) difficulties; there no possibilities to wash one’s and custody facilities and premises of temporary clothes and sheets, and persons who do not detention of Elektrėnai Police Station of the Po- have appropriate clothing are not supplied lice Headquarters of Vilnius County (5 June 2015 with clean clothes according to the season; Report No 2015/1-61). detainees and convicts are transported from institutions of imprisonment to police The following are the main problems and human custody facilities for interrogation and other rights violations identified: pre-trial investigation actions even though the European Committee for the Prevention of 1. Regarding an insufficient number and compe- Torture and Inhuman or Degrading Treatment tence of officers as well as their working condi- or Punishment criticized this practice several tions – Not all the positions of officers are filled times and proposed to stop it. in, working conditions could be assessed only as satisfactory, not everywhere officers have 3. Regarding ensuring of safety – Rubber bats a possibility to upgrade their qualifications carried by officers are quite noticeable even often enough and in some institutions officers though such practice is not necessary for demonstrated inappropriate attitude towards ensuring safety and does not promote good detained persons. relations between the staff and detainees; when the liberty of persons is restricted, not 2. Regarding detention conditions and sup- all characteristics determining their assign- ply – Persons are still kept in premises the ment to a risk group or a group of vulnerable area of which is less than 2 m2 (even if for persons and special needs are taken into very short periods of time), not everywhere consideration, not all police stations and the minimum living space provided for one police headquarters follow the requirements person held in custody (5 m2) is ensured, not of isolation of persons; not everywhere inter- everywhere premises are clean enough and rogation rooms are appropriately installed appropriate ventilation, natural lighting and and video recordings of interrogations are dignified personal hygiene conditions are made. ensured; in all police stations and police head- quarters, the environment of courtyards used 4. Regarding organization of nutrition and for taking a walk should be improved; due to health care – The quality of food supplied the condition of meeting rooms, persons’ right to custody facilities is not always checked; to see people is not adequately ensured; not there were doubts as to whether the food always the timeframe of detention of persons supplied was of adequate nutritional value in premises of temporary detention provided and whether menus were drawn up taking for in legal acts is observed; detained persons into account physiological nutrition stand- are not always supplied with appropriate and ards of different groups of persons; in one sufficient hard and soft inventory provided for custody facility, detainees are not allowed to

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use their own metal spoons; persons brought the internal regulations of custody facilities, to custody facilities do not always receive a in some custody facilities (cells) the internal check-up by a health care specialist within regulations are not posted on the wall, citizens 24 hours, sometimes because there is no of foreign states are not familiarized with medical office in the facilities, while in one their rights, obligations and prohibitions in a custody facility the medical office did not have language they understand (the internal regu- a permission-hygiene passport and medicinal lations of police custody facilities are available products kept in the office were unsuitable for only in Lithuanian). use; in one custody facility detainees did not have a possibility to see a psychologist; there were cases when medical documents were Recommendations following inspections not filled in appropriately. in Police Custody Facilities

5. Regarding shortcomings of the Electronic Following inspections in five police stations/ Register – During inspections, it was estab- headquarters, 20 recommendations were pro- lished that as from 9 February 2015 data vided to the Police Commissioner General of the on persons kept in premises of temporary Republic of Lithuania. The majority of them (12) detention or custody facilities were uploaded were implemented or partially implemented. In into the Electronic Register, however, the addition, all territorial police stations and their new Register did not contain all data on divisions were familiarized with a report on in- the duration of the persons’ presence in the spections by drawing their attention to shortcom- police station/headquarters and premises of ings identified in the report and instructing them temporary detention, or on the fact whether to take measures to ensure that the indicated a person was placed into premises of tem- shortcomings were avoided when organizing the porary detention at all; when an extract was work in police custody facilities and premises of printed out, it lacked more than a half of the temporary detention. data on the time of release of persons from the police station/headquarters and those Taking into account the provided recommenda- data did not coincide with the data in the tions, A plan of measures for improvement of con- Electronic Register; in the Register, there are ditions of detainees in police custody facilities and no possibilities to receive information on the premises of temporary detention was approved performance of a certain specific action (for whereby the following was provided for: to close instance, taking a detainee out of a cell), the down custody facilities of Varėna Police Station (by format of a log is not appropriate and the log 1 April 2016); to review the timeframe of keeping does not record data on a person’s refusal, for detainees in premises of temporary detention; to example, to go for a walk outside. renew soft inventory used in police custody facili- ties as well as sheets and towels; to assess possibili- 6. Regarding the persons’ (including citizens of ties of reconstruction of premises of sanitary units, foreign countries) right to receive information – calculate the required funding and provide for Detainees are only formally familiarized with that funding according to financial possibilities; in

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courtyards of custody facilities intended for taking ing of the minimum living space for one detainee a walk, to install places for detainees to rest; and in police custody facilities, the Police Department to acquire clothing to be handed out to detainees informed that instead of following Item 80 of the who are dressed not according to the season (to Regulations of Activities of Custody Facilities of clothe them temporarily). Territorial police stations Territorial Police Stations approved by 29 May were instructed to keep rubber bats in the security 2007 Order No 5-V-356 of the Police Commissioner territory of the internal post and, if need be, to General of the Republic of Lithuania providing for ensure their use; and agreements were concluded the living space of at least 5 m2, they followed the with translation agencies in order to guarantee 18 January 2013 judgement of the Administrative the right of foreign citizens to receive information. Court of Lithuania in administrative case No A858- Shortcomings identified during inspections were 105/2013 which explained that one person must also taken into consideration when improving the be ensured a space which was not less than 3.6 m2. module of the Electronic Register. Provision for mandatory filming of interrogation, according to the Department, will not protect a The Police Headquarters of Vilnius County in- suspect against violation of his/her interests or formed that in Trakai District Police Station, fol- rights, because an investigator’s meetings with a lowing the receipt of funding, vacant positions suspect are also possible prior to interrogation, of officers would be filled in. In accordance with besides, provision for mandatory filming of inter- the amendments of Article 2 of the Law on Arrest rogation could violate the rights of persons who do Enforcement drafted by the Ministry of Justice of not wish to be filmed during interrogation. the Republic of Lithuania, the term of transfer of detainees (during a pre-trial investigation) from a The situation with the recommendations pro- remand prison to custody facilities of a territorial vided by the Seimas Ombudsmen, with which police station was reduced to 5 days and nights the Police Department did not agree, is further (in order to conduct procedural actions if the clarified and solutions to problems are sought in performance of procedural actions cannot be order to improve protection of human rights in ensured while detainees are in a remand prison police stations/headquarters. or due to the participation of detainees in the examination of cases in court; the amendments During 2015, follow-up inspections were also will take effect from 1 April 2016). The Police De- conducted in two police institutions – the Police partment also approached public health centres Headquarters of Alytus County and Elektrėnai and the State Food and Veterinary Service asking Police Station – in order to assess the implemen- to assess possible shortcomings indicated in the tation of recommendations (18) provided during report. To address the problem of sobering of inspections in 2014. Follow-up visits revealed that detainees, the Ministry of Health set up an inter- 8 recommendations had been implemented, departmental working group which also included while others had not been implemented or had representatives of the Police Department. been partially implemented (10), therefore, it was recommended to take measures to ensure the Not all the recommendations issued by the Seimas implementation of all the recommendations. The Ombudsmen were implemented. Regarding ensur- management of the police headquarters and the

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police station informed that 5 recommendations Vilnius Correction House (Rasų Street Sector and had been implemented: a permission-hygiene Sniego Street Sector); Kaunas Remand Prison). passport was received; beds were removed from cells to ensure that the area of the cell complied The following are the main problems and human with the requirements; cooperation with primary rights violations identified: health care institutions regarding the provision of a psychologist’s services was ongoing; and dry- 1. Regarding vacant staff positions – In some of ing rooms were installed for drying the laundry imprisonment institutions, there were vacant of detainees. While still waiting for appropriate staff positions. funding from the Police Department, the follow- ing recommendations remained unimplemented: 2. Regarding officers’ behaviour in cases of regarding installation of video surveillance cam- self-harm by inmates – In one imprisonment eras in interrogation premises, adaptation of the institution, there were cases recorded when entrance to the disabled, repairs of premises of persons were kept handcuffed for a particu- sanitary units, and reconstruction of courtyards larly long period of time because they were used for taking a walk. harming themselves due to unwilingness to be transported with convoy.

IMPRISONMENT INSTITUTIONS 3. Regarding assessment of proportionality of the use of special measures – No assess- In 2014, the Seimas Ombudsmen assessed the ment of proportionality of the use of special human rights situation in four imprisonment measures was provided in the conclusions institutions (two correction facilities and two regarding disciplinary investigations into the remand prisons) (Marijampolė Correction House; use of special measures.

4. Regarding performance of searches – In cer- tain imprisonment institutions, neither the supervising inmate of the cell nor any other person detained in the cell were present during the performance of searches of persons and premises; searches were filmed inappropriately or were not filmed at all. Regarding detention conditions – A part of premises of imprison- ment institutions was inaccessible for the disabled; the minimum living space per person (5 m2) was often not ensured; there was a lack of both natural and artificial lighting; there was also a lack of furniture and hard inventory; adequate cleanliness of sanitary units was not ensured; in some cases smoking inmates were

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kept together with the nonsmoking ones; not all outside yards were clean.

5. Regarding provided health care services– Per- sons who were imposed with a penalty – soli- tary confinement – were not regularly visited by a health care specialist; health care services were possibly provided without compliance with the requirements of legal acts regulating the provision of such services; furthermore, there were doubts as to whether the con- victed persons were properly informed of the treatment prescribed to them and agreed to receive it.

6. Regarding nutrition – Dietary or special nutri- tion for medical indications was not always 1. Regarding the number and composition of ensured. the staff and improvement of qualifications – Detainees are not always provided continuous 7. Regarding provision of toiletry items – In one services of a psychologist, social worker and imprisonment institution, toiletry items were other staff of the social rehabilitation division; kept in inappropriate conditions. in upgrading of qualifications, the subjects related to questions relevant to minors are 8. Regarding out-of-cell activities – The range not sufficiently covered, while specialized of outof-cell activities that detained persons subjects on women inmate issues are non- could engage in was insufficient. existent.

9. Regarding dissemination of information – 2. Regarding the use of special measures, Citizens of foreign countries were not always searches and imposition of penalties – When informed of their rights, obligations and applying the measure of tying, there is a pos- prohibitions applied in the language they sibility of abuse and inappropriate treatment understand. by officers; searches are not filmed or only several of them are filmed in a year; inmates kept in a disciplinary group are not ensured A FOLLOW-UP INSPECTION a possibility to contact officers except with major efforts; penalty isolation cells are not A follow-up inspection was conducted in one installed appropriately; convicts serving a imprisonment institution – Marijampolė Correc- penalty in a penalty isolation cell are not tion Home. The following are the main problems visited by a medical specialist daily; women and human rights violations identified: inmates kept in a disciplinary group may

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not use their courtyard for taking a walk; a gion is not ensured; appropriate conditions courtyard intended for taking a walk which are not created for cooking; inmates are given is assigned to a penalty isolation cell is small dirty cutlery. and dark. 7. Regarding provision of health care services 3. Regarding the environment and privacy – In- – Medical case histories do not have entries stitutions’ entrances to premises and premises confirming consent and signatures concern- themselves are not fully adapted to the disa- ing health check-ups; the number of positions bled; rubber bats openly carried by security of the staff working in the Health Care Service officers do not create a psychological climate does not correspond with the number of posi- suitable for the staff and inmates. tions provided for in legal acts; due to vacant positions or part-time employees the Health 4. Regarding detention and hygiene condi- Care Service may not be able to provide all en- tions – The minimum living space per person visaged health care services; personal health provided for in legal acts is not ensured; newly care services are not always available during arrived inmates are temporarily kept in cells the night; complaints regarding provision of smaller than 2 m²; conditions in quarantine dental care services are not sufficiently taken premises are to be considered as below hu- into consideration. man dignity; there is mould on the walls and the ceiling; there is no appropriate lighting; 8. Regarding provision of information and cleanness is not ensured in sanitary units, examination of appeals – Inmates are not ap- privacy is not ensured when using a bidet; propriately familiarized with their rights and mechanisms of sanitary units did not function obligations; proper conditions are not created or were damaged; conditions are not provided for submission of appeals to the administra- for inmates to wash themselves after work. tion of an institution.

5. Regarding material and domestic supplies 9. Regarding special rights – There is no pos- – Worn-out, damaged furniture; sufficient sibility to cover the expenses of third parties amount of hard inventory is not ensured; for transportation of spouses, both of which conditions are not provided to keep clothes are serving a sentence of imprisonment, to a and other personal items; worn-out floors; correction house where a long-term meeting poor condition of soft inventory: stained, will take place and back. visually dirty, torn mattresses and blankets; when a person is moved from a remand prison 10. Regarding employment, leisure activities and to a correction house, he/she is not given the implementation of social rehabilitation – The necessary personal hygiene means. right to work of the disabled is not ensured; there is a lack of jobs; inmates lack leisure ac- 6. Regarding organization of nutrition and con- tivities out of cells/residential premises; there ditions for cooking – Nutrition of adequate is a lack of programmes for the development value and in conformity with professed reli- of maternity skills; women inmates are not

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prepared for life in the society following the plan for the implementation of the recommenda- end of their sentence. tions providing for a timeframe and employees responsible for appropriate implementation of Following inspections conducted in imprison- the recommendations. ment institutions, 46 recommendations were provided to the management of the Prison Kaunas Remand Prison for Minors – Correction Department under the Ministry of Justice of the House took steps to receive additional staffing Republic of Lithuania and inspected institutions. positions to ensure appropriate functioning of Out of that number, 44 were implemented, and the Health Care Service; check whether medical positions are being coordinated regarding the case histories contain entries confirming consent implementation of 2 (two) recommendations. of detainees and convicts and signatures regard- ing health check-ups and prescribed treatment; The Prison Department informed that the fol- update information files kept in cells and ensure lowing topics had been included into a plan of that informational documentation kept in cells upgrading of qualifications of the staff of impris- was checked every working day and that the onment institutions in the Training Centre for head of the division would stress to his staff 2016: work with minors and women, and the use the necessity of appropriate familiarization of of handcuffs, straitjackets and other restraining persons with their rights and obligations as well means; 12 special certified beds for restrain- as amended legal acts during every staff meet- ing persons going wild had been acquired and ing; ensure that each morning everyone willing transferred to imprisonment institutions and rec- were registered to a reception with the staff of ommendations regarding their use were under the administration of the institution and install preparation; where possible, searches conducted boxes for submission of appeals; ensure that the in imprisonment institutions were filmed; there staff of the Social Rehabilitation Division provide was a plan to improve legal regulation regarding a social services to detainees; ensure that leisure penalty imposed on minors, namely, closing them activities are actively pursued with convicts tak- in a disciplinary isolation cell; in 2016, appropria- ing them out of their cells. For good behaviour, tions from the state budget were provided for the work and studies inmates are encouraged by installation of wheelchair ramps and adaptation trips to events or social campaigns outside the of residential premises of imprisonment institu- institution; a draft order amending the order of tions for the disabled; there was a plan to initiate the director of the institution “On Approval of amendments of the Penal Enforcement Code Positive Leisure Measures and Appointment of concerning the establishment of the procedure the Staff Responsible for their Implementation” for the payment of expenses related to travel to is under preparation; in 2016, the environment of long-term meetings when both spouses served the institution will be adapted to persons with a their imprisonment sentences. physical disability (the installation of wheelchair ramps); in 2016, premises of the institution will Kaunas Remand Prison for Minors – Correction be adapted to keeping persons with a physical House agreed with all the recommendations is- disability; in 2016, appropriate lighting will be sued by the Seimas Ombudsman and drew up a installed in a disciplinary isolation cell; sanitary

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units in the institution were repaired; additional inmates, who had a job, to wash themselves after hard inventory was bought to detainees and work; appropriate conditions for keeping clothes conditions were also created for detainees to and other personal belongings were ensured. make some of it themselves; a check is conducted once a month as to whether persons transferred However, two recommendations remained unim- from the remand prison to the correction home plemented. According to the institution, the right are given hygiene means; clean cutlery is given to receive health care services during the night to detainees; privacy of persons is ensured in is ensured for women inmates, and nutrition of cells; additional soft inventory was purchased adequate value and in accordance with religious to detainees. convictions is ensured. It is noteworthy that a dia- logue is ongoing regarding the implementation Panevėžys Correction House agreed with the of the two recommendations indicated above majority of the recommendations provided trying to achieve their implementation. by the Seimas Ombudsman and, like Kaunas Remand Prison for Minors – Correction House, Lukiškės Remand Prison – Closed Prison im- drew up a plan of implementation of the recom- plemented a recommendation of the Seimas mendations: a part of the premises was adapted Ombudsman and installed a cell adapted for a to persons with a physical disability, the other person with a physical disability; such persons part is being prepared for the adaptation; spe- are also provided a possibility to work, if need be. cialists are hired to the positions of the Health Care Service; anonymous survey of convicts During 2015, a follow-up inspection was conduct- regarding the quality of provision of dental ed in one imprisonment institution (Marijampolė care services is conducted; special stamps are Correction Home) in order to assess whether placed in medical case histories confirming recommendations which had been provided that a patient has been informed about the during a prior inspection were implemented treatment plan, understands it and agrees to (5). A follow-up visit revealed that one recom- receiving treatment; all household appliances mendation had been implemented, while the in kitchens are functioning; a memo about their rest had not been implemented or had been rights and obligations was drawn up and is implemented inappropriately, therefore, it was handed to women inmates, the memo was also recommended to take measures to ensure that translated into Russian; boxes were placed for all the recommendations were implemented, submission of anonymous written appeals; there and additional recommendations were issued (7) is telephone connection and there is a possibility regarding other shortcomings identified during to make an information call; a penalty isolation the follow-up visit. cell was installed properly; the right of persons in a disciplinary group to use courtyards for According to the data provided by institutions taking a walk was ensured; quarantine premises to which recommendations had been issued, were repaired; appropriate cleaning of residen- almost all the recommendations were imple- tial premises is ensured; sanitary units were mented (8) or partially implemented (2): meas- repaired; conditions were provided for women ures were taken to ensure that complaints ad-

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dressed to the director of the Correction Home their consent to it; whether persons who were regarding possibly inappropriate behaviour of imposed with the solitary confinement penalty officers were registered separately; a staff mem- were visited by a health care specialist on a ber responsible for the control of drawing up of regular basis. Particular institutions were also replies to inmates’ complaints was designated; given other recommendations with regard to the procedure was approved and persons were ensuring appropriate, safe and secure detention designated responsible for elimination of faults conditions, appropriate and sufficient provision of various types and the control of performance of the necessary items, organisation of nutrition, of these works; windows were glazed in tempo- adaptation of premises for the disabled, properly rary detention and penalty isolation cells (it was informing inmates of their rights and obliga- not possible to ensure the established indicator tions, organisation of inmates’ leisure, training of natural lighting, because that would require for the staff, etc. the reconstruction of a building). The Prison Department conducted targeted inspections In 2015, the Seimas Ombudsmen assessed the in imprisonment institutions regarding the human rights situation in three imprisonment registration of detainees’ requests, applications institutions (two correction facilities and one and complaints, provided recommendations to remand prison-closed prison) regarding the imprisonment institutions regarding filming of human rights situation of vulnerable groups in searches and the procedure for keeping records, imprisonment institutions: Lukiškės Remand provided for nutrition of detainees according to Prison – Closed Prison, Kaunas Remand Prison a special dietary menu, analysed in detail meas- for Minors – Correction House and Panevėžys ures envisaged and performed in 2015 related to Correction House (20 November 2015 Report recruitment of specialists to health care services No 2015/1-99). of subordinate institutions, and drew up an ac- tion plan as to how to fill in vacant positions of health care specialists. PLACES OF DETENTION AND ACCOMMODATION OF FOREIGNERS

Recommendations following In 2014, the Seimas Ombudsmen assessed the inspections in Imprisonment Institutions human rights situation in ten places of deten- tion and accommodation of foreigners: the The majority of recommendations addressed Foreigners’ Registration Centre, the Refugees to imprisonment institutions were related to Reception Centre as well as frontier stations of filling vacant positions and ensuring dietary or Vilnius and Frontier Districts (Gintaras special nutrition for medical indications. Other Žagunis, Dieveniškės, Pavoverė, Švenčionys, recommendations were also provided, namely Adutiškis, Tverečius, Puškai frontier stations and related to appropriate provision of health care the Headquarters of Ignalina Frontier District). services to inmates: there were doubts as to whether inmates were always properly informed The following are the main problems and human of the prescribed treatment and expressed rights violations identified:

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1. Regarding safe, secure and appropriate detained asylum seekers, and men separately conditions – In all inspected frontier sta- from women. tions and the Refugees Reception Centre, residential premises were not suitable to 2. Regarding ensuring the right to private life persons with reduced mobility, entrances to and the freedom of religion – It was estab- frontier stations were not adapted to such lished that, in the Refugees Reception Centre, persons either. Not all places of detention of sanitary premises were installed without foreigners ensured cleanness and neatness; taking into account the specific features of in certain places, some of the necessary items religion professed by accommodated for- were lacking; violations of lighting, heat- eigners; the Foreigners’ Registration Centre ing, ventilation and other hygiene norms did not always ensure nutrition according were identified. Not all frontier stations had to religious or cultural convictions, besides, video surveillance cameras installed; in the due to the infrastructure of the Foreigners’ Foreigners’ Registration Centre, safety and Registration Centre, it was not always pos- security was insufficiently ensured, since only sible to provide possibilities for persons to the asylum seekers’ dormitory had a newly practice their religious rites according to the installed and properly operating electronic faith professed. Moreover, in the Foreigners’ security system. As for ensuring safety and Registration Centre, families were not pro- security, it should also be noted that, in the vided with a possibility to be accommodated Foreigners’ Registration Centre, a violation separately. of rights was identified due to the failure to comply with the obligation to accom- 3. Regarding the right to receive informa- modate detained foreigners separately from tion – In the section of unaccompanied minors of the Refugees Reception Centre, there were no information stands, while on other information stands, information was provided only in Lithuanian. In the For- eigners’ Registration Centre, data received during the inspection on the information provided on information boards did not reflect the reality. In addition, even though interpretation services were ensured in the Foreigners’ Registration Centre, sometimes accommodated persons speak only their mother tongue, a rare language in the European Union, making it problematic to address these persons’ everyday issues.

4. Regarding inappropriate management of documents – In the majority of frontier

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stations, placement of detained persons viding possibilities to exercise the right to into premises of temporary detention was privacy (ensuring nutrition and installation not registered in an appropriate register. of premises taking into account religious In the Foreigners’ Registration Centre, the and cultural convictions, provision of pos- registration of documents related to cases sibilities for members of the same family of violence was inappropriate because they to be accommodated together), ensuring were split into two registers. It was also appropriate provision of information (in- established that, in the Foreigners’ Regis- cluding the provision of information in the tration Centre, regulation in cases of use of language understood by persons). a firearm and special measures was insuf- ficient – official notifications were drawn In 2015, the Seimas Ombudsmen assessed up inappropriately and medical doctors did the human rights situation in seven places not perform check-ups following the use of of detention of foreigners: in Vilnius Airport these measures, which could have resulted and Frontier Stations of Vilnius in a violation of the principle of proportion- Frontier District, Tribonys Frontier Station of ality. When providing recommendations to Varėna Frontier District, Stasylos border cross- places of detention of foreigners, the major- ing point and Šalčininkai border crossing point ity of remarks were related to the adaptation of Tribonys Frontier Station of Varėna Frontier of residential premises and premises of District and Kapčiamiestis Frontier Station of temporary detention as well as entrances to Frontier District of the State Border institutions for the disabled. Many frontier Guard Service (12 May 2015 Report No 2015/1- stations were also given a recommendation 33), and a visit was also made to the Foreigners’ to ensure appropriate registration of the Registration Centre of the State Border Guard fact, date and time of placement of detained Service (15 October 2015 Letter No 2015/1- persons into premises of temporary deten- 118/3D-2840). tion. Frontier stations were also provided recommendations with regard to ensuring The following are the main problems and human the validity of medicinal products and medi- rights violations identified: cal aid means kept in medical kits, warnings regarding the use of video surveillance Frontier Stations of the cameras in accordance with the require- State Border Guard Service ments of protection of personal data, and conformity of cells to the requirements of 1. Regarding registration of persons who are legal acts. As for the Foreigners’ Registration brought in – Registers of persons do not Centre and the Refugees Reception Centre, always contain information on whether it should be noted that they were given a person who had been brought in was recommendations regarding sufficiency of placed in premises of temporary detention the necessary items, cleanness, neatness, and how long he/she was there, also the lighting, heating, ensuring the compliance date and/or time of delivery or release of a with safety and security requirements, pro- person.

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2. Regarding adaptation of premises to the 1. Regarding overcrowding of the Centre – The disabled – Premises (including sanitary units Centre was overcrowded. installed in the premises) are not adapted to persons with a physical disability, and 2. Regarding parasites in residential premises – conditions are not ensured for such persons Premises are regularly disinfected against to access the premises. fleas, but it is still not possible to eradicate them. 3. Regarding ensuring artificial and natural light- ing – Insufficient artificial and natural lighting. 3. Regarding a possibility to cook one’s food and receive nutrition according to religious 4. Regarding health care – Medical aid means and cultural convictions – An alternative kept in first aid kits were past expiry date or menu does not ensure nutrition in conform- there were no first aid kits at all, and in some ity with foreigners’ cultural convictions, and cases, kits contained not only medical aid a menu for children is the same as the one means but also medicinal products. for adults. In a building for arrested persons, foreigners have limited possibilities to cook. 5. Regarding ensuring cleanness in the prem- ises and performance of disinfection, di- 4. Regarding a lack of activities for detainees sinsection and deratization – Premises of – A social worker employed in the Centre is temporary detention and asylum seekers not able to provide all the necessary social are dirty, and in the majority of the premises services to all detainees: the services of the disinfection, disinsection and deratization social worker are available one hour a day on are not carried out. average.

Foreigners’ Registration Centre 5. Regarding supply of a wheelchair – A person of the State Border Guard Service was provided with a wheelchair, however, he did not have a possibility to move freely During the reference period, an inspection around the territory of the Centre. was conducted in the Foreigners’ Registration Centre of the State Border Guard Service taking 6. Regarding a possibility to use a phone – Be- into consideration the information which had cause of the absence of a procedure for using appeared in the media with regard to possible a phone of the Centre, a possibility to use violations of the rights of persons detained a phone for detainees is not appropriately there (regarding such issues as overcrowding ensured. of the Centre, residential premises infested with parasites, a possibility of cooking one’s food and Following conducted inspections, 14 recom- receiving nutrition according to religious and mendations were provided to responsible cultural convictions, organization of additional institutions. Out of that number, 9 were im- activities, and a lack of wheelchairs for persons plemented, while the implementation of the with a disability of mobility). remaining five was started.

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Recommendations following inspections in Places mas Ombudsman; with regard to some of them, of Detention and Accommodation of Foreigners the Centre provided for a certain implementa- tion period (due to funding and other circum- Recommendations related to frontier stations stances): persons are ensured the minimum liv- of the State Border Guard Service were fully ing space; wide-scope disinfection of premises implemented: officers record the date and time and personal-use inventory is regularly carried of delivery and release of persons as well as the out in the premises; according to possibilities, fact of placement into premises of temporary persons are ensured nutrition taking into ac- detention; if a disabled person arrives, appropri- count their religious and cultural convictions; ate mobility is ensured without prejudice to such the nutrition norms for children are higher; ef- a person’s rights and lawful interests; artificial forts are made to continuously increase leisure lighting in accordance with the requirements activities organized for detainees; persons with was installed; appropriate first aid kits were a physical disability are accommodated on the acquired; order and cleanness are controlled. ground floor which has a wheelchair ramp; a schedule for using a payphone was drawn up The Foreigners’ Registration Centre agreed with (it is also allowed to use a payphone at another all the recommendations provided by the Sei- time).

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