CAT/C/LVA/CO/2
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public, to the special gravity of the crime of torture and by improving the deterrent
effect of the prohibition itself.
Ombudsman institution
6.
The Committee notes the establishment on 1 January 2007 of the new Ombudsman
institution, replacing the former Latvian National Human Rights Office. While noting the broad
mandate attributed to the Ombudsman institution and the increase in its financial and human
resources in 2007, the Committee is concerned that these remain insufficient to respond to the
institution’s expanded mandate and increasing workload (art. 2).
The State party should take appropriate measures to ensure the effective
functioning of the Ombudsman institution, including the requisite human and
financial resources. Furthermore, the State party is encouraged to seek
accreditation with the International Coordinating Committee of National Human
Rights Institutions to ensure that it complies with the principles relating to the
status of national institutions for the promotion and protection of human rights (the
Paris Principles), annexed to General Assembly resolution 48/134, including with
regard to its independence.
Fundamental safeguards
7.
The Committee notes that the new Criminal Procedure Law includes a specific reference
to fundamental legal safeguards for detainees, such as access to a defence counsel, but it regrets
the lack of a specific reference to the right of access to a doctor. Furthermore, the Committee
expresses its concern at reports that the right of effective access to a lawyer is not always
realized in practice. In this respect, the Committee is concerned at reports of a shortage of Statefunded defence lawyers in several districts, especially rural areas, and that the working
conditions provided for lawyers in detention and remand centres are not always satisfactory (arts.
2, 13 and 16).
The State party should take effective measures to ensure that all detainees are
afforded fundamental legal safeguards in practice, including the right to have access
to a lawyer and a doctor. The Committee emphasizes that persons in custody should
benefit from an effective right of access to a lawyer, as from the very outset of their
deprivation of liberty and throughout the investigation phase, the whole of the trial
and during appeals. Furthermore, the State party should ensure that the lawyers
are provided with proper working conditions in the detention and remand centres
equivalent to the facilities available in prisons and finance the newly established
Legal Assistance Agency.
Asylum-seekers
8.
While noting the amendment of the Asylum Law on 20 January 2005 with the deletion of
the provision requiring the asylum application to be submitted in writing, the Committee regrets
the lack of clarity on the total number of persons seeking asylum in the State party as well as the
low asylum recognition rate. The Committee is also concerned at the detention policy applied to
asylum-seekers and at the short time limits, in particular for the submission of an appeal under
the accelerated asylum procedure. Furthermore, the Committee notes that detained foreigners,
including asylum-seekers, have the right to contact the consular services of their respective