E/CN.4/1997/7/Add.3
page 5
with families and lawyers to be held not in private but in the presence of
police officers, and for detainees released without charge to be forced by the
police to sign a statement attesting that they have not been ill-treated.
9.
Non-governmental sources also indicated that confession continues to be
an important form of evidence in criminal proceedings, despite the fact that
article 248 of the Code of Criminal Procedure stipulates that: “extrajudicial
confessions and confessions made to the police authorities shall only be
considered as graver or lesser evidence, according to the character of the
person who made the confession, his motives and the circumstances in which he
found himself and which he was able to take into account”. They reported that
this is to a great extent due to the fact that the police in a large part of
the country, especially in rural areas, lack the material and human resources
to conduct investigations and gather evidence, which makes it all the more
important for them to obtain a confession.
10.
There are other factors which help perpetuate the use of torture.
Non-governmental sources expressed their concern at the role of the forensic
physicians, whose reports are decisive for determining the existence of
5
injuries that might be the result of acts of torture.
They drew attention
to the irregularity of the methods used in many cases by forensic physicians,
who meet the person briefly without conducting a thorough physical
examination, subsequently issuing a report stating that the person is in good
health, which raises major difficulties when the victim attempts to lodge a
complaint. In addition, the police frequently bring the detainee to the
forensic clinic several days after the torture has occurred, when the marks
have had time to fade or disappear. The representatives of the Institute of
Forensic Medicine with whom the Special Rapporteur spoke denied this. They
said that in most of the cases transmitted by the Special Rapporteur,
concerning which the Government had requested information from the Institute,
they had concluded that slight injuries were involved, and that there were
generally few cases in which injuries were found, almost invariably slight.
In connection with the complaint that the police do not always respect the
requirement of having the detainee examined by a forensic physician, they said
that the PTJ and the DISIP routinely requested a medical report and that every
police station was assigned a representative of the Public Prosecutor’s
Office, who in fact requested the report. As regards the other police forces,
the Special Rapporteur was told that it was less customary to request
examination by the forensic physician, although this was being done with
greater regularity.
11.
Non-governmental sources also reported that the fact that the Institute
of Forensic Medicine was attached to the PTJ, i.e. a body that could be
responsible for the torture, was a factor that detracted from its
independence. The Director of the PTJ indicated that it would indeed be
preferable for the two bodies to be independent of each other, as the
connection was interpreted by public opinion as collusion, and that the
Institute also performed a series of duties that had nothing to do with the
investigatory functions of the judicial police. The representatives of the
Institute of Forensic Medicine said that their connection with the PTJ did not
cause them any difficulties, and that they were not pressured in any way, but
that the Institute might be linked instead with the university, with which it