3. OSCE: obstacles and lessons learned Police, ill-treatment and confessions The Council of Europe Commissioner for Human Rights, Thomas Hammarberg, highlighted in December 2007 17 the prevalence of police brutality and ill-treatment during interrogation, both during and after arrest. He noted that he had frequently been told by victims that they did not file complaints for fear of being beaten up again. “… acts of police brutality are often not isolated incidents but products of a mentality. In several transition countries there is a remaining sense that a good police is one who can ‘solve the case’ by producing a confession. At the same time, courts have relied excessively on such signed statements instead of requesting other types of evidence,” Hammarberg wrote. The importance of effective investigation into such allegations was also emphasised and, in particular, the need for independent enquiries to be made. The CPT has issued policy guidelines for such investigations. 18 Suggested models to increase the impartiality of the investigation include the prosecutor together with a specialized team conducting enquiries where allegations concern the police, the use of a general or special police ombudsman, or a police complaints commission incorporating members of civil society. 3.1 Obstacles identified by OSCE field operations Field operations were asked in the questionnaire to give their views on systemic obstacles to the prevention of torture. The aim was to use their experience to identify areas where reforms that may not explicitly focus on torture could have an impact on torture prevention, as well as to show that the failure to address these entrenched issues may render ineffective other strategies, including training and legislative reform. Among the obstacles mentioned were the following: a lack of recognition that torture exists; a lack of regular visits to places of deprivation of liberty; the elevated position of prosecutors vis-à-vis judges and/or defence lawyers; the routine use of maximum detention periods for arrested persons in contravention of international standards; a presumption of guilt with regard to accused persons; a lack of internal control and complaints mechanisms within police forces; a lack of resources for police investigations into allegations of torture; very high criminal conviction rates, combined with a low rate of acceptance of allegations that confessions were obtained 17 Hammarberg, Thomas. “There must be no impunity for police violence”, Council of Europe website, <http://www.coe.int/t/commissioner/Viewpoints/071203_en.asp>. 18 “The CPT Standards – ‘Substantive’ Sections of the CPT’s General Reports”, European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, October 2006, <http://www.cpt.coe.int/en/docsstandards.htm>. 21