CAT/C/CZE/CO/6
(c)
The Roma Integration Strategy for the period 2015–2020, in 2015;
(d)
The Action Plan for the Prevention of Domestic and Gender-Based Violence
for the period 2015–2018, in 2015;
C.
(e)
The Action Plan for Inclusive Education for the period 2016–2018, in 2015;
(f)
The Campaign against Racism and Hate Violence, in 2014.
Principal subjects of concern and recommendations
Pending follow-up issues from the previous reporting cycle
7.
In its previous concluding observations, the Committee requested the State party to
provide further information regarding areas of particular concern identified by the
Committee (see CAT/C/CZE/CO/4-5, para. 26). The Committee expresses its appreciation
for the State party’s follow-up response on those matters (CAT/C/CZE/CO/4-5/Add.1). In
view of that information, the Committee considers that the recommendations concerning
attacks against Roma, segregation of Roma children and the situation of psychiatric
facilities (see CAT/C/CZE/CO/4-5, paras. 11, 14 and 21, respectively) have not yet been
fully implemented.
Definition of torture
8.
The Committee is concerned that the current definition of torture found in section
149 (1) of the Criminal Code does not contain all the elements, including the purposes, set
out in article 1 of the Convention.
9.
Recalling its previous recommendation (see CAT/C/CZE/CO/4-5, para. 7), the
Committee urges the State party to adopt a definition of torture that covers all the
elements contained in article 1 of the Convention. The Committee draws the State
party’s attention to paragraph 9 of its general comment No. 2 (2007) on the
implementation of article 2, in which it states that serious discrepancies between the
Convention’s definition and that incorporated into domestic law create actual or
potential loopholes for impunity.
Fundamental legal safeguards
10.
Taking into account the procedural guarantees enshrined in domestic legislation, the
Committee remains concerned that section 24 (4) of the Police Act (No. 273/2008) provides
for the right of access to a lawyer only at the concerned person’s own expense, and that free
legal aid is not available from the very outset of deprivation of liberty. It is also concerned
that, in practice, police officers do not always respect the right of detained persons to be
informed of their rights and to notify a relative of their detention (arts. 2, 12–14 and 16).
11.
The State party should take effective measures to guarantee, and monitor, that
all detained persons are afforded, in law and in practice, all the fundamental legal
safeguards from the outset of their deprivation of liberty, in accordance with
international standards, including, but not limited to, the right:
(a)
To be informed about the charges against them and about their rights,
both orally and in writing, in a language that they understand, and to certify that they
have understood the information provided to them;
(b)
choice;
To promptly contact a family member or any other person of their
(c)
To have prompt and confidential access to a qualified and independent
lawyer, or to free legal aid, when needed;
(d)
To have all periods of deprivation of liberty accurately recorded
immediately after arrest in a register at the place of detention and in a central register
of persons deprived of liberty, and to have detention reports drawn up accordingly to
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