CAT/C/LTU/CO/2
page 2
4.
The Committee notes with satisfaction the ongoing efforts at the State level to reform its
legislation, policies and procedures in order to ensure better protection of human rights,
including the right not to be subjected to torture and other cruel, inhuman or degrading treatment
or punishment, in particular:
(a)
The Law on Equal Treatment which came into force on 1 January 2005 with the
purpose to ensure the implementation of human rights laid down in the Constitution and
to prohibit any direct or indirect discrimination based upon age, sexual orientation,
disability, racial or ethnic origin, religion, or beliefs;
(b)
The 2007 Law on the Amendment of the Law on Equal Treatment which
incorporates the provisions of Council Directive 2000/43/EC of 29 June 2000,
implementing the principle of equal treatment between persons irrespective of racial or
ethnic origin;
(c)
The Code of Conduct of Officers of the Prison Department and Its Subordinate
Institutions and the 2004 Code of Ethics for Lithuanian Police Officials, adopted by
Order No. 347 of the Commissioner General of the Lithuanian Police;
(d)
The 2007 Concept of the Probation System in Lithuania and the plan of
implementing measures for this concept; and
(e)
The Mental Health Strategy approved by the Seimas on 3 April 2007 and the
adoption by the Government on 18 June 2008 of the State Mental Health Strategy
Implementation Programme for 2008-2010.
C. Principal subjects of concern and recommendations
Definition of torture
5.
The Committee notes the State party’s statement that under the Lithuanian Criminal Code
all acts that may be described as “torture” within the meaning of article 1 of the Convention are
punishable, as well as the explanation provided by the delegation in this respect. However, the
Committee is concerned that the State party has not incorporated into domestic law the crime of
torture as defined in article 1 of the Convention. The Committee also regrets the lack of
information provided as to whether the offence of torture, which is punishable under other
provisions of the Criminal Code, may in some cases be subject to a statute of limitations. The
Committee is of the view that acts of torture cannot be subject to any statute of limitations. (arts.
1 and 4).
The State party should incorporate into domestic law the crime of torture and adopt a
definition of torture that covers all the elements contained in article 1 of the
Convention. By naming and defining the offence of torture in accordance with the
Convention and distinct from other crimes, the Committee considers that States
parties will directly advance the Convention’s overarching aim of preventing
torture, inter alia, by alerting everyone, including perpetrators, victims, and the
public, to the special gravity of the crime of torture and by improving the deterrent
effect of the prohibition itself. The Committee recommends that the State party
review its rules and provisions on the statute of limitations to ensure that they are
fully in line with its obligations under the Convention, so that acts of torture as well
as attempts to commit torture and acts by any person which constitute complicity or