CAT/C/CR/31/5
page 2
(b)
The promulgation of Order 96 (8 June 2001) of the Prosecutor General on Control
in Ensuring Protection of the Detained and Arrested Persons Against Torture and Inhuman or
Degrading Treatment or Punishment;
(c)
The adoption of the Law on Compensation of Damage Resulting from Unlawful
Actions of Institutions of Public Authority on 21 May 2002;
(d)
The Law on the Establishment of Administrative Tribunals (1999) providing for
the examination of complaints concerning acts, actions or omissions of public officials;
(e)
The transfer of responsibility for enforcement of criminal punishments from the
Ministry of the Interior to the Ministry of Justice by Law No. VIII-1631 of 18 April 2000;
(f)
The ratification of several human rights treaties, notably the European Convention
for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and ongoing
cooperation with the Committee for the Prevention of Torture;
(g)
The ratification of the Rome Statute of the International Criminal Court in 2003;
(h)
The development of a National Human Rights Action Plan approved by resolution
of the Parliament of Lithuania No. IX-1185 of 7 November 2002;
(i)
The development of institutional structures for human rights, in particular the
Parliamentary Ombudsman, the Ombudsman for Equal Opportunities of Women and Men and
the Children’s Rights Ombudsman;
(j)
Department;
The establishment of the Witness and Victim Protection Service of the Police
(k)
The steps initiated to reduce overcrowding by, inter alia, introducing a crime of
misdemeanour which prescribes non-custodial punishments.
C. Subjects of concern
5.
The Committee expresses concern about the following:
(a)
The absence of a comprehensive definition of torture as set out in article 1 of the
Convention, and lack of a specific criminal offence of torture in criminal law (art. 4);
(b)
The failure in practice to enable detained persons to obtain access from the outset
of their detention to a lawyer, independent doctor or family members;
(c)
Allegations of ill-treatment of persons in custody that may amount to torture,
particularly any that may take place during police interviews;
(d)
Procedures related to expulsion of foreigners which in some instances may be in
breach of article 3; the conditions in the facilities where foreigners awaiting expulsion are kept
and the absence of data on the age, sex and country of destination of expelled foreigners or
stateless persons, specifically those at the Foreigners Registration Centre;