CAT/C/SVK/CO/2
the new Criminal Procedure Code No. 301/2005, Act No. 475/2005 on the Execution of
Custodial Sentences and Act No. 221/2006 on the Execution of Remand in Custody;
(e)
The creation of the Public Defender of Rights (Ombudsman’s Office), in
2001.
4.
The Committee also welcomes the decision by the Constitutional Court on 26 June
2008 not to send Mr. Mustapha Labsi to Algeria on the ground that he might be in danger
of being subject to torture.
C.
1.
Principal subjects of concerns and recommendations
Definition of torture
5.
While noting the broad definition of torture in the Slovak Criminal Code, the
Committee is concerned that this definition does not include the purpose of discrimination,
nor that instigation, consent or acquiescence of a public official or other person acting in an
official capacity are elements of the definition (art. 1).
The State party should bring its definition of torture into line with article 1 of the
Convention by including the element of discrimination and by criminalizing
instigation, consent and acquiescence of a public official or other person acting in an
official capacity.
2.
Fundamental safeguards
6.
The Committee is concerned that persons in police custody may exercise their right
to contact a member of their family and have access to an independent medical doctor and
to legal counsel only “as soon as practical”, not from the outset of their detention (art. 2).
The State party should ensure that persons in police custody can exercise their right to
contact a member of their family and have access to an independent medical doctor, if
possible of their choice, and to legal counsel from the outset of their deprivation of
liberty.
3.
Independence of the judiciary
7.
The Committee is concerned that judges are appointed by the President of Slovakia
on the basis of a proposal by the Judiciary Council, as some of the members of the
Judiciary Council are appointed and dismissed by the President of the Republic and the
Government (art. 2).
The State party should guarantee the full independence of the Judiciary Council in
order to ensure the independence of the judiciary. In this respect, the Committee
recalls the Basic Principles on the Independence of the Judiciary adopted in Milan in
1985 and endorsed by the General Assembly in its resolutions 40/32 and 40/146.
4.
Non-refoulement and risk of torture
8.
The Committee is concerned that, according to section 13 of the asylum law, persons
considered to be a threat to national security or a danger to the community are not protected
by the principle of non-refoulement, which may expose them to a risk of torture or other
cruel, inhuman or degrading treatment or punishment. It is also concerned at the very low
rate of successful asylum applications (art. 3).
The State party should adopt urgently the measures, especially legal ones, necessary to
ensure protection of the rights of all asylum-seekers and persons seeking refugee
2
GE.09-46819