CAT/C/PRT/CO/5-6
Fundamental safeguards
8.
The Committee regrets that, despite its previous concluding observations
(CAT/C/PRT/CO/4, para. 7), the State party has not taken steps to guarantee that the time
spent in detention for identification purposes (maximum 6 hours) is deducted from the total
period of police custody (48 hours), particularly in the light of the explanations provided by
the State party that detention for identification purposes can be used whenever there are
sufficient grounds to believe that the person might have perpetrated a crime. The
Committee is concerned that persons detained for identification purposes and suspected of a
crime might not be afforded, in practice, the same safeguards as other detained persons
under the regular procedure during this six-hour period. The Committee bears in mind, in
this regard, that there have been instances in which detained persons have not been
informed of their rights from the outset of the detention. The Committee also notes that the
right to access to a lawyer promptly upon detention is not effective in practice for those
who cannot afford a private lawyer, since access to an ex officio lawyer is guaranteed only
at the detention hearing before the judge (arts. 2, 11, and 12).
The State party should:
(a)
Amend the Code of Criminal Procedure to ensure that detention starts
at the outset of deprivation of liberty and that the time spent in custody for
identification purposes is considered part of the 48-hour period within which a
detained person must be brought before a judge;
(b)
Ensure that suspects are informed of and are able to exercise their rights
at the very moment of their deprivation of liberty, and are informed of the reasons for
their detention;
(c)
Guarantee access to an ex officio lawyer, including consultations in
private, as from the moment of deprivation of liberty and during interviews with law
enforcement officials;
(d)
Ensure that compliance with the legal safeguards by all public officials is
regularly monitored and that those who do not comply with these safeguards are
properly sanctioned.
Prompt, effective and impartial investigations
9.
The Committee regrets the lack of data concerning criminal investigations into, and
prosecutions and sanctions for, the crime of torture and ill-treatment (art. 243 of the
Criminal Code) during the period covered by the State party’s report. The Committee is
also concerned at the lack of clarification on the competence of the internal and external
inspection services of each branch of police and prison services to carry out investigations
into alleged acts of torture and ill-treatment, and on how these inspection services relate to
the Public Prosecutor’s Office when they are conducting criminal and disciplinary
investigations in parallel. As regards the information provided on disciplinary proceedings
from 2008 to 2010, the Committee notes with concern the limited number of punishments
imposed in cases of ill-treatment by police and prison officers, as well as the large number
of cases closed due to lack of evidence, even where allegations of ill-treatment by police
forces and by prison staff have been documented by monitoring bodies. The Committee is
concerned at information indicating that, with regard to prisoners alleging ill-treatment, a
full medical examination out of the hearing and sight of prison officers does not always
take place, and that injuries observed upon admission or sustained in prison thereafter are
not properly recorded (arts. 2, 12, 13 and 16).
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