A/HRC/46/26/Add.1
prevention, investigation and prosecution of any abusive practice that may negatively
impact the conditions of detention and treatment of inmates;
(e)
Determine prison capacity not only on the basis of available beds, but
primarily on the basis of available space per inmate, in line with the international
minimum specifications of 3.4 m2 per inmate in shared accommodation and 5.4 m 2 per
inmate in single cells;
(f)
Allocate adequate resources to better staff prisons with qualified medical
personnel, improve the infrastructure for forensic medical examinations, in line with
the Istanbul Protocol, and ensure the full independence of all forensic medical staff by
placing them under the authority of the Ministry of Health and Social Development;
(g)
Institute routine medical examinations for newly arriving inmates and
regular medical check-ups for all inmates;
(h)
Adapt the medical report forms that are currently used so that they meet
the recommendations made in the Istanbul Protocol;
(i)
Adopt and implement special health programmes to address the
challenges of chronic or contagious diseases, including HIV/AIDS, and of drug
addiction, including through the introduction of effective drug-replacement therapies;
(j)
In cases of death in custody, apply the standards established in the
Istanbul Protocol and the Minnesota Protocol on the Investigation of Potentially
Unlawful Death, and ensure the independence of the investigation and the protection of
witnesses;
(k)
Take steps with a view to instituting a truly accessible, independent and
confidential complaints procedure by introducing a system of boxes for depositing
complaints in detention centres and police stations, ensuring that the boxes are
accessible to all inmates without supervision and can be opened only by staff of
independent oversight mechanisms external to the place of detention;
(l)
Ensure that solitary confinement can be imposed only as a measure of last
resort, in line with the Nelson Mandela Rules, particularly rules 43–45, and that it is
subject to transparent procedures and safeguards against arbitrariness.
98.
Regarding prompt, thorough and impartial investigations, the Special
Rapporteur recommends that the executive and judicial authorities:
(a)
Create a unified registration system for acts of institutional violence and
victims of torture and ill-treatment, and ensure that allegations of torture and illtreatment trigger a prompt, thorough and independent investigation to bring those
responsible to justice and provide redress to the victims and their families;
(b)
Ensure that all investigations of torture and other forms of institutional
violence are conducted by investigators who are fully independent from the authority
or entity under investigation;
(c)
Ensure that accessible, fully independent, proactive, expedient and
effective complaints, oversight and investigative mechanisms are in place for the
prevention, investigation and prosecution of corruption in all relevant branches and
services of government and the judiciary;
(d)
Implement systematic training programmes on the Istanbul Protocol for
all lawyers, prosecutors and judges who may be involved in relevant judicial cases, so
as to strengthen their understanding of the potential and limitations of medical
examinations in the identification and documentation of signs of torture and other
forms of ill-treatment;
(e)
Allocate the required resources to ensure the timely processing and
adjudication of the remaining cases and trials for crimes against humanity committed
under the previous authoritarian regimes so as to prevent any form of impunity and
provide, to the greatest extent possible, full redress and rehabilitation to the victims;
17
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