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Report on National Prevention of Torture 2014-2015 Report on National Prevention of Torture 2016 The Seimas 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 Lithuania 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. 3 2014-2015 REPORT ON NATIONAL PREVENTION OF TORTURE 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. 4 2014-2015 REPORT ON NATIONAL PREVENTION OF TORTURE 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 5 2014-2015 REPORT ON NATIONAL PREVENTION OF TORTURE 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 Kaunas 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 (Antakalnis 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,
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