2020 The Seimas Ombudsmen’s Office 2019 REPORT ON NATIONAL PREVENTION OF TORTURE 2019 REPORT ON NATIONAL PREVENTION OF TORTURE CONTENTS 3 INTRODUCTION 5 NATIONAL PREVENTION OF TORTURE AND THE SEIMAS OMBUDSMEN’S MANDATE 6 ACTIVITIES OF THE NATIONAL PREVENTION OF TORTURE 6 VISITS TO PLACES OF DETENTION 6 INFORMATION ACTIVITIES 7 COOPERATION 8 TRAINING 9 KEY COMMENTS, RECOMMENDATIONS AND ACHIEVED DEVELOPMENTS 9 LONG-TERM SOCIAL CARE INSTITUTIONS FOR ADULTS 10 CORRECTIONAL INSTITUTIONS 12 POLICE FACILITIES 12 PLACES OF DETENTION OF FOREIGNERS 14 MENTAL HEALTH INSTITUTIONS 16 FOLLOW-UP OF THE IMPLEMENTATION OF RECOMMENDATIONS 2 2019 REPORT ON NATIONAL PREVENTION OF TORTURE INTRODUCTION We are pleased to present the latest annual re- mental health, correctional institutions, police port of the National Preventive Mechanism and facilities and places of detention of foreigners and in doing so, welcome the growing confidence the number of visits to institutions in a particular and influence of the Lithuanian NPM. It is the area was planned in proportion to their number. 6th year the Seimas Ombudsmen‘s Office has It has to be stated here that unfortunatelly the been assigned the NPM functions and has been risk of ill-treatment for those detained in facilities monitoring places of detention n Lithuania. The across Lithuania still exists. NPM members this United Nations’ Optional Protocol to the Conven- year continue to report concerns that detainees tion Against Torture (OPCAT) provides us with a are not being held in safe and decent conditions. crucial framework to strengthen our work mo- We have discovered poor physical conditions nitoring places of detention, and it encourages and conditions not fit for purpose, and excessi- us to focus even more carefully on preventing ill ve or improper use of restraints on some of the treatment in practice. most vulnerable detainees, including those in mental health detention, social care institutions Every time our NPM team members visit a place (especially persons with dissabilities), prisons where people are detained it increases open- and police custody facilities. For these reasons, ness and transparency. The visit creates a less we must recognise that however successful we closed atmosphere and gives those detained an are, we cannot do this work alone; we need to opportunity to voice their concerns. Importantly, welcome the parallel roles undertaken by experts it reduces the likelihood that the conditions of from non-governmental organisations (NGOs) detention will deteriorate any further and reduces and the media in exposing malpractice in the the chances that the detained person will be il l- institutions we visit and inspect. Moreover, we treated. NPM members listen carefully to detaine- have to continue to engage widely with interna- es and staff, make recommendations for change tional and regional human rights bodies, such and bring forward improvements in conditions, as the European Committee for the Prevention reducing still further the risk of ill-treatment. of Torture and Inhuman or Degrading Treatment Moreover, at the core of the Lithuanian NPM’s or Punishment (CPT) and the SPT and other inter- work is a human rights approach, i.e. placing the governmental bodies. lived experience of detainees at the heart of the There is still much more to do; however, we know inspection and monitoring process and drawing that we are on the right path - by working toget- on international standards and best practice to her across the detention institutions in Lithuania, assess treatment and conditions in detention. NPM members can and do make a difference There are around 450 places of detention in each year. While the Lithuanian NPM continues Lithuania and during 2019 the Seimas Ombuds- to look for ways to strengthen our joint working men‘s Office as an NPM cunducted a total of processes we invite you to look into findings of 45 inspections. Visits were made to social care, the year 2019 below. 3 2019 REPORT ON NATIONAL PREVENTION OF TORTURE This part of the Annual Report of the Seimas main issues identified during inspections; issued Ombudsmen presents the activities of the Na- recommendations on improving the human tional Prevention of Torture carried out in 2019: rights situation and training organised for staff the inspections at places of detention; systemic, of the places of detention, etc. Adult care institutions are marked in yellow, child care institutions – in blue, police institutions – in black, prison institutions – in grey, places of detention of foreigners – in green, and mental care institutions – in red. 4 2019 REPORT ON NATIONAL PREVENTION OF TORTURE NATIONAL PREVENTION OF TORTURE AND THE SEIMAS OMBUDSMEN’S MANDATE On 3 December 2013, further to the ratification places of detention and observing how human by the Seimas of the Optional Protocol to the rights are enforced in them. The performance United Nations Convention against Torture and of the national prevention of torture requires Other Cruel, Inhuman or Degrading Treatment a comprehensive approach, where instead of or Punishment, the Seimas Ombudsmen were addressing individual situations, the aim is to assigned the task of performing the national identify possible causes of misconduct through prevention of torture at the places of detention systematic analysis of situations of restriction and inspecting them on a regular basis, while of liberty. These activities are aimed at positive the Seimas Ombudsmen’s Office was designated changes to prevent torture, reduce the risk of tor- as the Institution for the National Prevention of ture and ill-treatment and improve the treatment Torture. of persons whose liberty is restricted. The year 2019 was the sixth year when the Seimas The report below outlines the positive develop- Ombudsmen have been performing the national ments achieved in performing activities of the prevention of torture, regularly visiting various national prevention of torture. 5 2019 REPORT ON NATIONAL PREVENTION OF TORTURE ACTIVITIES OF THE NATIONAL PREVENTION OF TORTURE VISITS TO PLACES OF DETENTION places of detention (housing) of foreigners – 7 (seven) times (three units of the State Border In performing the national prevention of torture, Guard Service (SBGS) under the Ministry of the visits were made to various places of detention: Interior – the Foreigners Registration Centre social care, mental health, imprisonment, police (FRC), which was visited five times and two Border and other institutions. The number of visits to Inspection Posts); prisons – 7 (seven) times (seven institutions in a particular area is planned in prisons were inspected) and temporary detention proportion to their number. For example, the facilities of police headquarters – 5 (five) times largest number of visits was made to adult social (five temporary detention facilities of police sta- care homes as their number is the largest (over tions were inspected). 180 units). In 2019, a total of 45 (forty-five) visits were made INFORMATION ACTIVITIES (several inspected institutions were visited two and more times). According to the proportion of In the context of national prevention of torture places of detention, the distribution of visits was and other activities of the NHRI, it is also im- as follows: adult care institutions were visited portant to ensure the proper dissemination of 20 (twenty) times (twenty adult care institu- information on human rights implementation tions were inspected), mental health care and inter-institutional cooperation; therefore, institutions – 6 (six) times (mental health de- the functions of the national prevention of partments of three hospitals were inspected torture and the results of their implementation arranging from one to three visits to them); are presented in different counties of Lithuania CorrectionalCorrectional institutions institutions andand remand remand prisons prisons PolicePolice detention detention facilities facilities 55 MentalMental health health and and 99 communicablecommunicable disease disease 2525 185 MentalMental health health institutions institutions 66 treatmenttreatment institutions institutions 185 PlacesPlaces of of detention detention ofof foreigners foreigners 2020 5252 AdultAdult care care institutions institutions AdultAdult care care institutions institutions CorrectionalCorrectional institutions institutions andand remand remand prisons prisons 77 PolicePolice detention detention facilities facilities 6767 PlacesPlaces of of detention detention Child care and Child care and of foreigners socializationsocialization institutions institutions 9292 of foreigners 77 Number of places of detention in Lithuania Number of visits to places of detention in 2019 6 2019 REPORT ON NATIONAL PREVENTION OF TORTURE every year. These meetings are used to present that the shortcomings of the penal enforcement the national prevention of torture performed by system were also discussed by the Seimas Om- the Seimas Ombudsmen in social care institu- budsmen at the meeting of the Seimas Commit- tions, identify the most urgent issues of ensuring tee on Human Rights. human rights, analyse their potential solutions Employees of the Human Rights Division of the and discuss the organisation of adult care in Seimas Ombudsmen Office participate in various municipalities and the problems encountered. international cooperation events hosted for staff In 2019, such presentation was hosted in Telšiai of the national mechanisms for the prevention District Municipality for representatives of social