The Committee against Torture today concluded its consideration of the sixth periodic report of Slovakia, with Committee Experts welcoming an apology issued by the State regarding the suffering caused to the Roma community by a 2013 police intervention in Moldava nad Bodvou, and raising questions about training of law enforcement officials and the use of restraints in psychiatric hospitals.
Abderrazak Rouwane, Committee Expert and Country Co-Rapporteur for the report of Slovakia, commended the formal apology made in June 2021 by the Slovak Government "for the injustice and suffering inflicted on victims and their families" caused by the State armed forces' intervention in Moldava nad Bodvou in 2013. What effective policies and measures had been taken to ensure that any allegations of excessive use of force or ill-treatment as well as misconduct by law enforcement authorities were impartially investigated, prosecuted and sanctioned; and to ensure equal access to courts and to effective judicial remedies for Roma victims of excessive use of force and ill-treatment?
Bakhtiyar Tuzmukhamedov, Committee Expert and Country Co-Rapporteur for the report of Slovakia, asked about training measures for law enforcement, prison and border security service staff, as well as other public officials. Were they made aware that breaches would not be tolerated and would be investigated, and that any offenders would be prosecuted? Had the State Party developed any methodology to assess the effectiveness of training and educational programmes in reducing the number of cases of torture and ill-treatment?
Another Committee Expert asked for information on the situation of persons put in psychiatric institutions and care homes. What were the possibilities for complaints of ill-treatment and what conclusions issued from such complaints? How were institutions linked to juvenile justice supervised and how were staff overseen and selected?
Responding to questions, the delegation said the police force had issued a guideline on the use of force by police officers that was publicly available. All members of the police force were trained on human rights matters and responses to violence. The correct use of coercive means was evaluated during official interventions. The Government sought to build awareness within legal circles of anti-Roma racism and increase the Roma's access to legal aid.
Education of prison staff on human rights was essential, the delegation said, as well as promotion of professional development and the acquirement of new knowledge ensuring respect of rights and upgrade of the prison services. Each prison officer needed to undergo basic training, the curricula of which included human rights topics and international conventions.
With regard to the treatment of individuals in psychiatric institutions, the delegation said it was forbidden to restrain patients unless their physical health or that of staff was threatened. These measures of physical restraint could only be performed in a safe room, and could only last for a certain period of time. A breach was considered an administrative misdemeanour. The Social Services Act also imposed the need to provide equal treatment in line with the Anti-Discrimination Act. The State also helped to provide victims with disabilities with financial compensation.
In closing remarks, Claude Heller, Committee Chair, thanked the delegation for the open spirit it demonstrated in tackling the issues raised in the dialogue, which had been very positive. The Committee would prepare concluding observations based on the dialogue for the State party to follow up on.
Dušan Matulay, Permanent Representative of the Slovak Republic to the United Nations Office at Geneva and head of the delegation, said in his concluding remarks that the dialogue had been open, frank and constructive, and had helped to identify the challenges faced by the State party. The delegation looked forward to receiving the Committee's concluding observations, which were a valuable source of guidance for the State party in its efforts to implement the Convention and prevent the practice of torture.
The delegation of Slovakia consisted of representatives from the Ministry of Foreign and European Affairs; Plenipotentiary of the Government of the Slovak Republic for Roma Communities; Ministry of Interior; Ministry of Justice; Ministry of Labour, Social Affairs and Family; Director General of the Prison and Court Guard Service; Ministry of Health; and the Permanent Mission of Slovakia to the United Nations Office at Geneva.
The Committee will issue concluding observations on the report of Slovakia at the end of its seventy-sixth session on 12 May. Those, and other documents relating to the Committee's work, including reports submitted by States parties, will be available on the session's webpage. Summaries of the public meetings of the Committee can be found here, and webcasts of the public meetings can be found here.
The Committee will next meet in public on Monday, 1 May at 10 a.m. to hear the Chairperson of the Subcommittee on Prevention of Torture present the annual report of the Subcommittee.
Report
The Committee has before it the fourth periodic report of Slovakia (CAT/C/SVK/4).
Presentation of Report
DUŠAN MATULAY, Permanent Representative of the Slovak Republic to the United Nations Office at Geneva and head of the delegation, said there were some partial issues related to the implementation of the Convention where more progress needed to be done. However, Slovakia had a strong commitment and determination to work on advancing the conditions and lives of each individual, also in line with the recommendations and findings of the Committee.
After the National Council approved the Optional Protocol, it would be ratified by the President of the Slovak Republic, and would take precedence over laws.
It was necessary to adopt appropriate legislative measures to proceed with the implementation of the Optional Protocol at the national level.
An amendment to the Act on the Public Defender of Rights would enter into force from 1 May 2023 and would establish a national preventive mechanism. The tasks and competences of the national preventive mechanism would be given to the three already existing bodies for the protection of human rights: the Public Defender of Rights, the Commissioner for Children, and the Commissioner for Persons with Disabilities. The Public Defender would be entitled to carry out systematic visits of the places where persons restricted in freedom by public authorities were or may be located, and to access facilities where custody, imprisonment and detention were carried out; and to facilities for asylum seekers and other places with persons restricted in liberty by public authorities, in particular police detention cells and alien detention facilities.
Several judgments of the European Court of Human Rights related to inhuman and degrading treatment were linked to police violence. The effective execution of judgments from the European Court of Human Rights was one of the preconditions to protect the rule of law in Slovakia. These judgments where compensation was paid to Roma persons would help Slovakia to improve domestic legislation in line with its international obligations. As a consequence of these cases, the Police forces now applied a zero-tolerance policy against ill treatment and the use of force by police officers, limited to the necessary extent only. To prevent similar situations in the future, the Ministry of Interior had recently started to implement a pilot project of police body cameras, to be used during the performance of duty by police officers.
Referring to several cases of forced sterilisation of Roma women, Mr. Matulay said the European Court of Human Rights had concluded that this was not a targeted or systematic policy and the forced sterilisation occurred as individual cases. The Government had apologised for the violations against the law and was considering the possibility of financial compensation for the victims.
With regard to the legislative change in the Police Force Act, the protection of victims of domestic violence or persons at risk of domestic violence had been significantly strengthened by extending the period of expulsion from the common dwelling to 14 days (originally 10 days). Also, the territorial scope of the ban on approaching the expelled person to the person at risk was extended to 50 meters (before limited to 10 meters). As of 1 January 2021, intervention centres for victims of domestic violence began to operate in every region of the Slovak Republic.
The Government had approved the National Action Plan for the Prevention and Elimination of Violence against Women for 2022-2027. Progress had also been made in the fight against trafficking of human beings after the Government approved its fifth strategy policy known as the National Programme to Combat Trafficking in Human Beings for 2019-2023.
In the area of Criminal Policy and Prisons, the Government had undertaken steps to enhance humanising conditions and alleviate restrictions on persons in custody and serving sentences, including education and increasing family visits. Also, in May 2022, the Concept of Prisons of the Slovak Republic for the years 2022 to 2030 was approved.
To conclude, Mr. Matulay said Slovakia respected the opinions of United Nations committees.
Questions by Committee Experts
BAKHTIYAR TUZMUKHAMEDOV, Committee Expert and Country Co-Rapporteur for the report of Slovakia, said the report offered a detailed, if not meticulous, overview of legislative and executive measures undertaken by Slovakia during the reporting period, even though the report appeared to lean towards regional European instruments and decisions, rather than focus on the
universal Convention against Torture. Yet, several aspects of the report and its presentation raised questions or required clarifications, while some matters seemed to have been left unattended.
Past dialogues with Slovakia focused on the definition of torture in the current legislation, which was consistent with Article 1 of the Convention, although not identical. In the reporting period, the European Court of Human Rights rendered three judgements on several complaints against Slovakia, all petitioners being of Roma ethnicity, in which it found violations of Article 14 of the European Convention on account of discrimination. Furthermore, petitioners in all five cases in which the European Court found a violation of Article 3 were also of Roma ethnicity. Mr. Tuzmukhamedov asked about the outcome of and lessons learned from the implementation of the Roma Integration Strategy 2020. What was the status of the Strategy for Equality, Inclusion and Participation of Roma until 2030, which was referenced in the Slovakian follow-up to the third cycle of the Universal Periodic Review? Had the definition in the Convention had been implemented through judicial practice, first and foremost by the Constitutional Court? Did other jurisdictions, including the Supreme Court, refer to the Convention and by doing so broaden the definition in Article 420 of the Criminal Code?
Slovakia's participation in the core universal human rights treaties was commendable. It was a party to both covenants and all but one convention, as well as all but one optional protocol. Were there sound reasons for non-participation in the Convention on Migrant Workers and non-ratification of the Optional Protocol to the Convention against Torture?
Mr. Tuzmukhamedov acknowledged respective references in the report to training of public officials involved in arrest, detention or imprisonment, and requested further and up-to-date information on educational programmes developed by the State party to ensure that all law enforcement, prison and border security service staff were fully acquainted with the provisions of the Convention. Were they made aware that breaches would not be tolerated and would be investigated, and that any offenders would be prosecuted? Also, could the delegation provide detailed information on the training programmes for judges, prosecutors, forensic doctors and medical personnel dealing with detained persons, including illegal migrants, and on detecting and documenting the physical and psychological effects, both primary and secondary, of torture? If such programmes had been developed and were being implemented, did they provide for specific training on the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment? Had the State Party developed any methodology to assess the effectiveness of training and educational programmes in reducing the number of cases of torture and ill-treatment? What was being done to make military and other uniformed personnel aware of the Convention and other international legal norms they were bound by, including torture-related provisions of Geneva Conventions?
The report did not always offer responses when so requested by the Committee through the List of Issues. In paragraph 17 of the List, the Committee asked the State party to provide specific examples of mutual judicial assistance treaties, and their application with respect to prosecutions concerning torture and ill-treatment. No reply was provided. The report did discuss national extradition procedures and diplomatic assurances. Regarding national antiterrorism measures, Slovakia had by and large been spared from devastating terrorist attacks. The report cited but one case in which an individual was convicted on the charges of terrorism, and an update on that case should be in order, as well as on other cases.
Finally, the List of Issues and the report both predated the outbreak of the pandemic. What measures were taken during the COVID-19 pandemic, especially in relation to persons deprived of their liberty, including in homes for older persons, hospitals and institutions for persons with intellectual or psychosocial disabilities?
ABDERRAZAK ROUWANE, Committee Expert and Country Co-Rapporteur for the report of Slovakia, congratulated Slovakia for its consistent and continued implementation of legislative, institutional and practical measures to improve the situation of human rights in terms of the fight against torture. In the last review, the Committee was concerned at the lack of efficiency of the judicial system, including the slowness of judicial proceedings. In 2020, the Government of the Slovak Republic had initiated numerous proposals for amendments of legislation and reform plans to strengthen the functioning of the judicial system. What was the status of these proposals today, Mr. Rouwane asked.
Mr. Rouwane also requested updated information about any additional legislative measures to implement the previous recommendation of the Committee to reduce the duration of pretrial detention, which should be used as an exception, applied for limited periods of time, clearly regulated and subject to judicial supervision. Pretrial detention needed to be replaced by non-custodial measures. Did the State inform a detained or arrested person about the reason of arrestation, provide access a lawyer or legal aid, inform a member of the family or a third person, and provide a medical examination free of charge or by a doctor of the detainee's choice?
In the context of the situation of the Roma, Mr. Rouwane commended the formal apology made in June 2021 by the Slovak Government "for the injustice and suffering inflicted on victims and their families" caused by the State armed forces' intervention in Moldava nad Bodvou in 2013. The apology claimed to be "not only a human gesture in relation to the victims, but also a commitment for the State to avoid similar failures in the future." He asked in that context about the effective policies and measures taken so far to ensure that any allegations of excessive use of force or ill-treatment as well as misconduct by law enforcement authorities were impartially investigated and prosecuted and sanctioned; to combat all forms of racism and xenophobia; to ensure equal access to courts and to effective judicial remedies for Roma victims of excessive use of force and ill-treatment; and to ensure capacity-building activities, including sufficient training on human rights and non-discrimination to law enforcement bodies.
The Committee noted positively that draft amendments to the Police Corps Act, defining the legal framework for police officers' authorisations to place arrested persons in a designated area, had been discussed during inter-ministerial consultation procedure in 2021. Mr. Rouwane asked about any development concerning the adoption of these amendments. What measures were taken during the period under review to improve conditions of detention in conformity with international standards?
Concerning the involuntary sterilization of Roma women, Mr. Rouwane asked for an explanation as to how the current national framework allowed the affected women to obtain effective redress. What were the measures that had been taken by State authorities to monitor the implementation of the legislation by medical practitioners? Were there any planned outreach activities or information campaigns for the potential victims of involuntary sterilization by the Ministry of Health?
Mr. Rouwane requested updated information about concrete results and objectives achieved by the national action plan for the prevention and elimination of violence against women for the period 2014-2019. Had the plan been extended beyond this period? He also requested updated information about all allegations of domestic violence, including sexual violence, marital rape and violence against children, investigated and prosecuted by competent authorities and sentences issued. Had an independent compliant mechanism for domestic violence been mooted?
With regard to the issue of asylum-seekers and migrants, Mr. Rouwane asked for information about the number of cases in which there was a refusal to enter the country among Ukrainians and third country nationals coming from Ukraine. Was it possible for third country nationals who did not fulfil requirements laid down in the Schengen Borders Code to appeal refusals of entry? He also called for updated information about measures taken to make an end to the detention of families accompanied with children, and to provide alternatives to detention, taking into consideration the best interest of the child; and updated information about the practice of detaining asylum-seekers awaiting a Dublin transfer. Detention needed to only be applied only when it was determined to be necessary, reasonable and proportionate to a legitimate purpose.
On human trafficking, Mr. Rouwane asked for a description of the amendments of 2018 to the programme initiated by the Ministry of Interior to support and protect the victims of trafficking in human beings; information about the amount of funds from the Ministry of Interior's budget in 2018 dedicated to combatting trafficking in human beings and to securing care for the victims; and information about criminal prosecutions for the crime of trafficking covering the review period. Finally, Mr. Rouwane inquired why there had been no legislative efforts to strengthen the mandate and independence of the Slovak Centre for Human Rights in full compliance with the Paris Principles.
