CAT/C/LVA/CO/6 guarantee the right to defence, and that indigent and vulnerable persons often do not have access to State-ensured legal aid and are therefore deprived of the possibility of filing complaints to the European Court of Human Rights. It is further concerned about the continued shortage of lawyers providing State-ensured legal aid, about the quality of the aid provided, and that their remuneration continues to be inadequate. The Committee is particularly concerned that article 129 of the Criminal Law foresees punishments of only up to one year of imprisonment, community service or a fine for law enforcement officers who cause moderate or serious injuries to persons while arresting them (arts. 2, 11, 12, 13, 15 and 16). 11. The State party should: (a) Ensure that all persons deprived of their liberty, including those who are indigent and vulnerable, are afforded, by law and in practice, all the fundamental legal safeguards from the very outset of their deprivation of liberty, including being informed about the reasons for their arrest and the charges against them; being informed about their rights, both orally and in writing, in a language that they understand; being informed of their right to unimpeded access to an independent lawyer of their choice or, if necessary, to State-ensured legal aid of adequate quality, including during the initial interrogation and inquiry; being brought before a judge within the time frame prescribed by law; being able to notify a family member or any other person of their own choice of their detention immediately after apprehension; having the right to request and receive an independent medical examination, free of charge, including by a doctor of their choice upon request; and having their deprivation of liberty, including transfers and injuries, recorded in registers at all stages; (b) Ensure greater quality and effectiveness of legal aid, including through annual increases in the amounts of payment for different types of State-ensured legal aid pursuant to the Cabinet of Ministers Regulation No. 1493, and a sufficient number of persons providing State-ensured legal aid in all parts of the country and receiving adequate remuneration for their services; (c) Establish a normative framework for the effective oversight of the provision of safeguards; monitor compliance by all public officials with fundamental legal safeguards, including through video monitoring of all places of deprivation of liberty and interrogation rooms; and take disciplinary measures against officials who fail to afford fundamental legal safeguards to persons deprived of their liberty in practice; (d) Amend article 129 of the Criminal Law so that officials who cause harm to persons deprived of their liberty during their arrest and detention are criminally prosecuted and punished with a severity that is commensurate with the gravity of their acts; (e) Ensure that all persons deprived of their liberty who may also lack resources are able to file complaints or communications with international human rights mechanisms. Pretrial detention, including in short-term detention facilities 12. While noting the amendments to the Law on the Procedures for Holding Apprehended Persons, which provide that arrested persons may be held in short-term detention facilities for a maximum of seven days, the Committee is concerned that the Law does not specify the maximum duration for holding detainees and sentenced persons in short-term detention facilities; that detained and convicted persons may be held together, including during transport; and that persons remanded in custody have been held in police detention facilities for well beyond the statutory limit, and from two weeks to more than a month for the purposes of procedural actions in facilities designed for shorter stays. It is further concerned that, if necessary and upon request from the courts, the prosecutor’s office or the State police, administratively detained and arrested persons, as well as persons placed in detention and convicted persons, may be returned to a police detention centre for the purposes of investigative work and procedural actions before being placed in a remand 4

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