Latvia's First Periodic Report under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) was examined by the Committee against Torture at its 31st session from 10 November 2003 to 21 November 2003. In its concluding observations, the Committee welcomed, among several initiatives, the 1995 establishment of the National Human Rights Office, and several new laws, including a draft amnesty law that would release or reduce prison sentences for certain groups, such as pregnant women and women with infant children. The Committee expressed concern over prison conditions, reports of ill-treatment by police, and other rights related to detention and asylum.

Latvia acceded to CAT on 14 May 1992.

Lithuania's First Periodic Report under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) was examined by the Committee against Torture at its 31st session from 10 November 2003 to 21 November 2003. In its concluding observations, the Committee welcomed several new laws and developments, including the approval of a National Human Rights Action Plan and the establishment of an Ombudsman for Equal Opportunities of Women and Men. The Committee expressed concern over several issues, including reports of ill-treatment of detainees and prisoners, detention conditions, and the lack of a definition for torture and the absence of a specific offense for torture in the penal laws.

Lithuania ratified CAT on 2 March 1996.

The Republic of Moldova's First Periodic Report under the International Covenant on Economic, Social and Cultural Rights was examined by the Committee on Economic, Social and Cultural Rights during its 31st session from 10 November 2003 to 28 November 2003. Moldova acceded to the ICESCR on 26 April 1993. In its concluding observations, the Committee welcomed the 1999 creation of the National Commission for Women's Issues and the 2003 National Plan to Promote Gender Equality in Society. The Committee expressed concern, however, over the wage disparity between women and men; the persistent problem of trafficking in women despite penal provisions and a national plan to combat trafficking; and the absence of laws prohibiting domestic violence specifically. The Committee urged the Moldovan government to take measures to reduce gender inequality, strengthen efforts to counter trafficking, define domestic violence as a crime under the criminal code, and effectuate proposed amendments to the civil procedure code that would protect victims of domestic violence.

For more information about the Republic of Moldova's Reporting Schedule, please visit the Moldova section of this website.

Russian Federation's Fourth Periodic Report under the ICESCR Examined
28 November 2003

The Russian Federation's Fourth Periodic Report under the International Covenant on Economic, Social and Cultural Rights (ICESCR)was examined by the Committee on Economic, Social and Cultural Rights during its 31st session from 10 November 2003 to 28 November 2003. The Russian Federation ratified the ICESCR on 3 January 1976. In its concluding observations, the Committee welcomed efforts to increase women's participation in the political sphere and to protect against discrimination in the workplace. It expressed concern, however, over wage disparities between women and men, as well as sexual harassment of women. The Committee encouraged the government to pass the draft law, "On State Guarantees of Equal Rights and Freedoms, and Equal Opportunities, for Men and Women in the Russian Federation" and to adopt legislation prohibiting sexual harassment in the workplace and improving the work environment for women.

For more information on the Russian Federation's Reporting Schedule, please visit the Russian Federation section of this website.

Bulgaria's Failure to Adequately Investigate an Alleged Rape Violates European Human Rights Convention
4 December 2003

Today, the European Court of Human Rights issued a judgment in the Case of M.C. v. Bulgaria holding the government of Bulgaria in violation of Articles 3 and 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.  The case arises from the failure of Bulgarian prosecutors to investigate sufficiently rape allegations because there was no direct evidence of significant physical resistance.  M.C., the applicant in this case, alleges that this is reflective of a predominant practice of prosecuting rape perpetrators only in the presence of significant physical resistance in contravention of the European Human Rights Convention, the policy of the Committee of Ministers of the Council of Europe and established principles of international criminal law.

Interpreting Articles 3 and 8 of the European Human Rights Convention:

The Court has interpreted Article3's prohibition of torture to require States to "take measures designed to ensure that individuals within their jurisdication are not subjected to ill-treatment, including ill-treatment administered by private individuals."  The Court has interpreted Article 8's protection of the right to respect for private and family life to require "efficient criminal-law provisions" to deter "grave acts such as rape, where fundamental values and essential aspects of private life are at stake."

Interpreting Articles 3 and 8 together, "[t]he Court considers that States have a positive obligation ... to enact criminal-law provisions effectively punishing rape and to apply them in practice through effective investigation and prosecution." 

Court Findings:

Applying this obligation to the facts of the case of M.C., and without making a determination on the guilt of the alleged perpetrators, the Court today found "that the effectiveness of the investigation of the applicant's case and, in particular, the approach taken by the investigator and the prosecutors in the case fell short of the requirements inherent in the States' positive obligations--viewed in light of the relevant modern standards in comparative and international law--to establish and apply effectively a criminal-law system punishing all forms of rape and sexual abuse", including in cases where there is no evidence of resistance.  The Court awarded to the applicant damages, costs and expenses in the amount of 12,110 Euros. 

Execution of the Judgment:

The Council of Europe Committee of Ministers will be supervising the execution of the Court's judgment in this case and will soon complete the case with a final resolution detailing steps Bulgaria will take to comply with the judgment.

*****

For a copy of the judgment, please see the European Court of Human Rights website.  For more information on the European Court of Human Rights, please see the International Law: European Human Rights System Section of this website.

Trafficking in Persons Now a Criminal Offense in the Russian Federation
16 December 2003

Effective today, the Criminal Code of the Russian Federation includes provisions which prohibit human trafficking and provide greater protection for trafficking victims. The new provisions define trafficking in persons as follows: the buying-selling of a person or other actions committed for the purpose of such persons exploitation in the form of recruitment, transportation, transfer, harboring, or receipt of such person. Offenders may be imprisoned for up to five years.  The existence of aggravating circumstances may lead to prison sentences of up to10 or 15 years.  Aggravating circumstances include, but are not limited to, the trafficking of multiple persons, the trafficking of minors, and the death of a victim occuring as a result of the offenders' negligence. Before this legislation was enacted, trafficking offenders were most commonly prosecuted under existing rape, slavery, and false documentation laws.

For more information, please see the excerpts from the law included here.  For information about developments relating to violence against women in the Russian Federation, please see the Russian Federation Country Page on this website.

Study Concludes 800,000 Romanian Women Were Victims of Domestic Violence in 2003
19 December 2003

The NGO Partnership for Equality Center conducted a study funded by the Open Society Institute which concluded that 800,000 Romanian women suffered domestic violence in 2003.  The Center's findings include the following:

• 45 percent of domestic violence victims do not know that domestic violence is a crime, and
• 80 percent of domestic violence victims do not report the crime because of feelings of shame, fear and mistrust of the authorities.

Compiled from the NEWW Polska Newsletter No. 13, 23 December 2003. For more information concerning developments relating to violence against women in Romania, please see the Romania Country Page on this website.