- 46 (c)
Ensure in practice absolute respect for the principle of the inadmissibility of
evidence obtained by torture and review cases of convictions based solely on confessions,
recognizing that many of them may have been obtained through torture or ill-treatment, and, as
appropriate, provide compensation to and release persons presenting credible evidence of having
been tortured or ill-treated;
(d)
Improve conditions in prisons and pre-trial detention centres so that they are in
conformity with the requirements of the Convention. The State party should ensure, in
particular, that the prohibition of communication between inmates in pre-trial detention is not
imposed on all inmates without distinction, but limited to identified inmates, when necessary and
on the basis of a court decision setting a time limit for such conditions of detention;
(e)
Establish a programme of unannounced inspections of pre-trial detention centres
and other places of confinement, by credible impartial investigators, whose findings should be
made public;
(f)
Consider the creation of an independent body to inspect prisons, monitor all forms
of violence in custody, including sexual violence against both men and women, and all forms of
inter-prisoner violence, including proxy violence with the acquiescence of officials. The
participation of public defenders in the investigation stage following detention would offer a
safeguard for detainees;
(g)
Ensure training about obligations under the Convention for (i) doctors to detect
signs of torture or ill-treatment of persons who have been or are in custody, (ii) law enforcement
personnel and judges to initiate prompt and impartial investigations, and (iii) military personnel
to be aware of the prohibition of torture and that an order from a superior officer may not be
invoked as a justification of torture;
(h)
Request the Supreme Court to analyse the existing practices of the admissibility
of cases of torture in the courts, in light of the definition of torture provided in article 1 of the
Convention, and consider issuing guidelines on this matter;
(i)
Ensure prompt, impartial and full investigations into the many allegations of
torture reported to the authorities and the prosecution and punishment, as appropriate, of
perpetrators, as well as the protection of persons who complain of torture and their witnesses
from retaliation;
(j)
Distribute and ensure implementation of appropriate instructions to all relevant
officials on the prohibition of ill-treatment and acts of torture against children in institutions and
prisons under the jurisdiction of the State;
(k)
Ensure that no person is expelled, returned or extradited to a country where there
are substantial grounds for believing that he/she would be in danger of being subjected to torture.
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