In Dialogue with Slovakia, Experts of the Committee against Torture Welcome Apology Regarding Suffering Caused by 2013 Police Intervention, Ask About Training of Law Enforcement Officials and the Use of Restraints in Psychiatric Hospitals
The Committee against Torture today concluded its consideration of the fourth 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.
Other Committee Experts then raised other questions and issues, including on the wording defining torture through national legislation; whether the legislative code actually covered all the persons who could be considered to be implicated in the crime of torture; whether there were any extraordinary conditions given in legislation that permitted torture, contrary to the Convention. A request was made for further information on the situation of persons put in psychiatric institutions and care homes and how the Ministry of Health’s guidelines were implemented in that regard. 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; and did the State have enough institutional and financial resources to ensure the national mechanism respected the Paris Principles?
Response by the Delegation
Responding to the various questions and issues raised, the delegation said the process of ratification of the Optional Protocol and the various national mechanisms was ongoing now in the Parliament. It was examined today, 27 April 2023, by the Constitutional Committee and should be discussed by Parliament at the May session, and hopefully would be ratified in June and fully enforced this year. The Preventive Mechanism had been considered before the ratification to save time. The national institutions selected to form the oversight mechanism were institutions that were already carrying out a similar and parallel function. The Public Defender of Rights would be responsible for carrying out systematic visits in locations where he already had certain responsibilities, including places of detention and locations holding asylum-seekers and other persons. Complaints could be received from anyone, and several provisions had been added to laws in terms of the Optional Protocol to ensure that anybody filing a complaint against certain institutions could not be harmed.
On the situation in prisons, the delegation said in May 2022, the Government had approved the Concept of the Slovak Republic Prison System. Through this, it undertook measures to alleviate and humanise the conditions of those in custody and serving prison sentences, including increasing contact between prisoners and their families. This Concept was the basic organisational document which established the planning procedure. It aimed to create a socially-respected, modern and transparent organisation that was up to United Nations standards and included modern knowledge. Education of prison staff on human rights was essential to success, as well as to ensuring 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. When inmates required specific medical care, they were transferred to prison hospitals, including psychiatric and surgical services. With regard to the situation during the pandemic, the recommendations of the Chief Health Officer had been followed, and all measures taken and adopted in accordance with these recommendations. The Prison System was preparing to amend the Code of Prison Sentences Act, according to which the courts would decide whether to place a person with a life sentence in the maximum security regime or in the life sentences unit. An Expert Commission had been set up to examine the methods and treatment of those condemned to life imprisonment, and it had proposed a set of professional activities and programmes aimed at improving the treatment of prisoners serving long sentences.
With regard to the treatment of individuals in psychiatric institutions, it was forbidden to restrain such 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 when the patient was offered medication, and could only last for a certain period of time. Physical restraints were approved by a doctor with a psychiatry specialisation and could be recommended by an employee of the Social Services. These restraints needed to be recorded in the Register of Physical and Non-Physical Restraints, which included information including the reason for the restraint, date and time. The social service provider was also obliged to inform the representative or carer of the detainee when delivering the service. The provider was forbidden from applying sanctions to children and could only use educational measures and means that did not denigrate, neglect, or hurt the child and did not threaten their dignity, life, or physical and emotional development. 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 get persons with disabilities who were victims financial compensation.
The Ministry of Health was working on reforms of the mental healthcare system to humanise and modernise psychiatric care and to create community models of care. It was working based on the European Commission Resilience and Recovery Facility. The Health Care Act had been amended to include provisions on the use of restraints and the rights of patients. A lack of medical staff was a widespread challenge. The Ministry of Health was implementing measures to increase health staff with experience in treating mental illness. The Ministry was striving to promote alternatives to cage beds and other restraints. The use of restraints needed to be reported within 48 hours. There was no legislation that prevented voluntarily hospitalised patients from leaving hospitals, but in practice this sometimes occurred. A special, independent institution had been created for receiving complaints from patients: the Healthcare Surveillance Authority. The Ministry of Health and bodies for human rights surveillance could also receive complaints.
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. Training was also offered to prevent incorrect processing of reports of abuses. Based on the recommendations of the Public Defender of Rights, a draft amendment to the law regulating placement in places of depravation of liberty had been created and submitted to Parliament. The practice of tying persons to fixed objects was no longer carried out, and facilities for that purpose had been removed.
Several projects were in place to support the Roma, including to facilitate their access to the employment market. Vocational guidance and training in work skills was provided. Almost 45,000 jobseekers had participated in one training project between 2015 and 2017. Around three-quarters of recipients of financial supports for people in material need were from Roma communities. Measures to improve Roma communities’ access to safe water were also being implemented. Awareness raising activities were being conducted to improve access to health and lower infectious diseases within Roma communities. Direct interventions including vaccination programmes were implemented to protect those communities from COVID-19. The Government held several meetings with non-governmental organizations to develop a workplan for supporting the Roma. It was working to provide local Government with tools to support access to land and housing for Roma communities. Since 2016, over 500 apartments had been built in Roma communities. There were additionally projects in place to improve roads and waste treatment in these communities. The Government had adopted a strategy for inclusion of the Roma until 2030. This strategy aimed to ensure access to quality education and training, eliminate inequalities and fight discrimination in access to housing, increase the employability of the Roma, reduce the health gap between the Roma and the general population, and eliminate anti-Roma discrimination. It would be revised based on monitoring and evaluation measures. Action plans were adopted for the strategy over three-year cycles. National reports on implementation of the strategy were submitted to the European Commission. The Government sought to build awareness within legal circles of anti-Roma racism and increase the Roma’s access to legal aid.
The Ministry of Health had established a working group in 2003 to establish the facts of the practice of forced sterilisation. The working group had drafted revisions to bring legislation on forced sterilisation in line with European standards. Under the Health Care Act, sterilisation was permitted only when informed consent was provided, or by a guardian if the person involved was not able to make an informed decision. Requests for sterilisation were assessed by providers. Police kept records of evidence that informed consent had been provided in each case. The Healthcare Surveillance Authority oversaw the practice. Persons who conducted sterilisation without informed consent were held criminally liable. No persons who performed such surgeries had been registered as medical professionals since 2004. Under a parliamentary proposal, 5,000 euros in compensation would be provided to those who had undergone forced sterilisation surgery. Many forced sterilizations had been carried out on the day of childbirth, contrary to rules on gaining consent. The Ministry of Health reviewed claims for compensation. The Plenipotentiary for Roma Communities and other State agencies were obliged to help victims with filling out forms. This process made it unnecessary to prepare the forms in national minority languages.
There were 1,300,000 refugees who had entered Slovakia from the Ukrainian border since the outbreak of the conflict, and around 1,100,000 had since left the country. Ukrainians made up 56 per cent of the total number of foreigners. The Government had provided more than 800 tonnes of humanitarian aid to over 230,000 Ukrainians. Over 10,000 Ukrainians were studying in Slovak schools. Financial support was provided to Ukrainian refugees, as well as language and vocational training. A national programme had been implemented to aid persons affected by armed conflict.
In 2022, a total of 28 incoming and 44 outgoing transfers had been carried out under the Dublin regime. Around 850 people of Ukrainian nationality were housed at one border shelter. Individual and group mental health sessions were provided for asylum seekers. A programme to support the victims of human trafficking was in place. Investigations had been carried out that identified 58 victims of trafficking, including around 10 children in 2022, and prosecutions had been issued in around 15 cases. A hotline for reporting trafficking had been established, which accepted reports in Ukrainian language, among others. Forced and fraudulent marriages with minors had been identified in some trafficking offences. Educational material had been prepared on forced and fraudulent marriage that targeted Roma communities.
Since August 2021, an amendment to legislation on pretrial detention entered into force. Under this, courts were obliged to consider whether detention could be replaced with other non-custodial measures. Pretrial detentions could be challenged by the accused, who were informed about the reason for detention. The length of detention varied depending on the type of offence being tried. For serious crimes, the maximum length was 48 months. During the reporting period, the length of pre-trial detention for standard offences in general did not exceed 120 days, and lasted between three months to one year for serious crimes. Monetary compensation was provided in cases where decisions on detention were overruled under appeal. In the reporting period, the Constitution Court had decided on 369 cases concerning pretrial detention. In around 75 per cent of cases, the applicant was successful. Violations had been found concerning the length of detention and the lack of provision of reasons for detention.
In 2015, the Public Defender of Rights had sent the Government recommendations concerning rooms for pretrial detention. In response, the Government had set out a clear legislative framework determining the conditions of pretrial detention. Works were underway to improve facilities and prevent inhumane treatment of detainees.
The definition of torture in the Penal Code described the act as “any person exercising public authority causing intentional harm to another person”. If crimes were committed by a group, using firearms, against vulnerable and protected persons, or on a discriminatory basis, a harsher penalty was issued. No persons had been punished under the crime of torture thus far. Torture was punished with three to ten years imprisonment if there were aggravating circumstances.
Bilateral treaties to which the State was a party included clauses that stated that extradition could occur only when crimes that carried a penalty of one year imprisonment or more were committed. In the reporting period, two requests for judicial cooperation in relation to the crime of torture had been received. The Constitutional Court had in around 80 cases referred to the crime of torture, but had not directly assessed a torture crime.
There were currently 19 juveniles in pretrial detention and nine in juvenile detention. Juveniles were housed in cells of at least four square metres. Juveniles in pretrial detention were free to move around their units, had access to kitchens and could talk with civilians using telephones. Juveniles in detention were required to be outside of their cells for at least eight hours per day, and could receive visits once per week. They were provided with education.
The national action plan for preventing violence against women had led to the establishment of a national centre for tackling violence against women, a hotline for reporting violence, the development of legislation against such violence, a network of support facilities for victims, development of standards concerning services for victims, and awareness-raising campaigns on gender-based violence. A national strategy for gender equality and a corresponding action plan for 2021 to 2027 had been developed in cooperation with civil society and the Committee for Gender Equality. It aimed to improve data collection on gender equality, and develop measures for promoting equality and preventing violence.
A shooting had occurred on 12 October, 2022 in Bratislava. The case was initially considered by the prosecutor to be premeditated murder, but was later redefined as an act of terrorism. The police force implemented actions to apprehend the perpetrator and ensure the safety of endangered persons. The suspect had not exhibited prior signs of extremism. The attack demonstrated the influence of social media in promoting radicalisation. Since the incident, the Ministry of Interior had created a Centre for Hybrid Threats to address threats of terrorist acts. The State was engaging in cooperation with neighbouring countries to fight terrorism. It was fighting the causes of terrorism and reacting to new threats. The State had adopted a Safety Strategy for 2021 to 2024, which aimed to strengthen democratic culture in society, restore trust in institutions and support deradicalization and social protection.
The 2019 act to reform the Slovak National Centre for Human Rights was not passed, but had encouraged an increase in the budget and number of staff of the Centre. Elections of board members were conducted in an open and transparent manner. The European Commission had issued recommendations for reforming the Centre in line with the Paris Principles, and the Government hoped to address these in the next parliamentary term.
Questions by Committee Experts
BAKHTIYAR TUZMUKHAMEDOV, Committee Expert and Country Co-Rapporteur for the report of Slovakia, asked whether the incident at Bratislava was a discriminatory act, as there had been victims from the lesbian, gay, bisexual, transgender and intersex community. Were judges, lawyers and attorneys trained on the revised Istanbul Protocol, particularly its provisions relating to torture? What was the regime of isolation in prisons implemented in response to the COVID-19 pandemic? What restrictions were imposed on prison monitoring during the pandemic? Could a person be held accountable for the crime of torture due to an act of negligence? Negligence was not referred to in legislation on bodily harm and physical suffering.
ABDERRAZAK ROUWANE, Committee Expert and Country Co-Rapporteur for the report of Slovakia, thanked the delegation for the information provided. The State was about to designate three bodies as the National Preventive Mechanism. Were these three considered governmental bodies? The Optional Protocol required State parties to ensure the independence of the Mechanism and to ensure that it had appropriate resources. Was the State party considering consulting with the Subcommittee on the Prevention of Torture regarding its plans for the Mechanism?
No information had been provided on investigations and prosecutions of acts of torture, ill-treatment or violence against women. Could such information be provided? What of ill-treatment of immigrant children? Which draft laws to revise the legal system were being considered?
CLAUDE HELLER, Committee Chair, said that the delegation should contact the Association for the Prevention Against Torture regarding its plans for the National Preventative Mechanism.
Another Committee Expert said it was commendable that the strategy for the Roma had brought about visible change. Within Roma communities, there was domestic violence, gender-based violence and child labour. What actions had been taken to raise awareness amongst the Roma of human rights? Was the police presence in Roma communities increasing?
One Committee Expert said Slovakia’s juvenile detention centre was one of the most humane in Europe. The Expert expressed hope that the centre would continue to develop. The Expert welcomed the prohibition of cage beds and the provision of alternatives. What were the seclusion rooms referred to? Who was providing security in psychiatric hospitals, and what training was provided to security staff? Was there a protocol on how to apply restraints? Was the surveillance committee proactive in evaluating the situation in psychiatric hospitals?
Responses by the Delegation
The delegation said the terrorist attack occurring in October 2022 could not be qualified as being based on discriminatory grounds to increase the sentence, as the penalty for a terrorist act was already high. No specific training was provided to judges, lawyers and attorneys on identifying signs of torture.
The State party was aware of the complexity of splitting the role of the National Prevention Measure between three bodies, but wanted to make sure that the Commissioner for Persons with Disabilities and Commissioner for Children could provide their expertise in the relevant functions of the Mechanism. These commissions had been established to implement the Conventions of the Rights of Persons with Disabilities and Children, respectively. Relevant human rights treaty bodies had not questioned the independence of these bodies thus far. The State hoped to use the expertise of the Subcommittee on the Prevention of Torture to work on implementation of the Optional Protocol, and would meet with the Subcommittee to discuss this next week.
The Government was introducing a reform of the judiciary that enabled specialisation of judges in district courts.
The State had recorded no cases of torture of women or children. However, a joint investigation team had been established to deal with war crimes, and this team was currently dealing with around 100 cases. The police force respected the best interests of children in asylum facilities. Children in asylum facilities were provided with five meals a day, and mental and paediatric health care. Interpreters, Slovak language education and outdoor and indoor play activities were also provided for children.
All measures applied in prisons in response to the COVID-19 pandemic were consulted with the public health office. Isolation measures were the same as for civilians. Online visits and online education were introduced in prisons during the pandemic. Prisons returned to normal practices as soon as possible. The Government had responded to all recommendations issued by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.
In many cases, parents in Roma communities did not send their children to school. The Government had implemented measures to make attendance in kindergartens compulsory from 2026. An obstacle in this regard was a lack of personnel in kindergartens. To tackle this, measures were being introduced to increase funding for kindergarten staff. The Government was also implementing measures to promote school attendance, including by limiting social benefits provided to families that did not send their children to school. A specialised police force for Roma communities was being developed, and people in these regions were being informed about policing strategies.
The Ministry of Health had established a commission in 2022 to explore alternative psychiatric treatments to prevent the use of cage or net beds. Seclusion rooms had furniture, observation windows, a camera system and natural light. Patients were moved out of such rooms before the end of their treatment. The Mental Healthcare Surveillance Authority was a reactive mechanism that investigated complaints. There was no proactive monitoring mechanism for psychiatric hospitals. The Government was currently working on a control mechanism for psychiatric hospitals involving the Ombudsman and other institutions. Most hospitals provided their own security staff, and police officers were only called in cases of need.
Concluding Statements
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 the European System for Protection of Human Rights was the basis of the State’s human rights legislation and measures. The dialogue had been open, frank and constructive, and had helped to identify the challenges faced by the State party. The delegation valued the dedication and professionalism of the Committee. It thanked civil society for their contributions to the dialogue, and all those who had facilitated the dialogue. The delegation pledged to provide information requested of it within the allotted time. It 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.
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