CCPR/C/LVA/CO/3
applied, if at all, in exceptional cases as a measure of last resort, where absolutely
necessary for the benefit of the person concerned, provided that he or she is unable to
give consent, for the shortest possible time, without any long-term impact and under
independent review;
(c)
Promote psychiatric care aimed at preserving the dignity of patients,
both adults and minors;
(d)
Offer adequate community-based or alternative social care services for
persons with psychosocial and mental disabilities to provide less restrictive
alternatives to forcible confinement;
(e)
Devise a programme of adequate activities and ensure sufficient
accommodation space for persons in social care centres;
(f)
Ensure an effective and independent monitoring and reporting system
for mental and social care institutions, aimed at effectively investigating and
sanctioning abuses and providing compensation to victims and their families.
The right to a fair trial
17.
The Committee is concerned at reported delays in the completion of criminal trials
involving detention on remand while awaiting final judgements, the practice of which is
inconsistent with the right to a fair trial (art. 14).
The State party should take appropriate measures to observe safeguards of the right
to a fair trial effectively, including a timely delivery of judgements.
Freedom of expression
18.
The Committee is concerned that the investigation of a physical attack against the
journalist Leonids Jakobsons has been pending since March 2012 (art. 19).
The State party should guarantee freedom of expression and freedom of the press, as
enshrined in article 19 of the Covenant and interpreted in the Committee’s general
comment No. 34 (2011) on article 19: freedoms of opinion and expression, including
by effectively investigating attacks against journalists.
Protection against hate crimes
19.
The Committee is concerned at reports of racist speech, acts of violence and
discrimination against vulnerable groups, including Roma and lesbian, gay, bisexual and
transgender persons, and at a reported increase in incidents of violence against minorities in
recent years. The Committee is also concerned at the inadequate application of the
legislative framework against hate crime with respect to lesbian, gay, bisexual and
transgender persons. The Committee is furthermore concerned at allegations of insufficient
hate crime recording, monitoring, investigation and prosecution (arts. 20 and 26).
The State party should
(a)
Strengthen its strategies to fight against racially motivated crimes and
counter the use of racist discourse in politics and in the media;
(b)
Implement criminal law provisions aimed at combating racially
motivated crimes, punish perpetrators with appropriate penalties and facilitate the
reporting procedure for hate crimes;
(c)
Define incitement to violence on grounds of sexual orientation or gender
identity as a criminal offence.
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