(c)The deletion in the new Criminal Code of the definition of torture, which was in conformity with that of the Convention;
(d)Administrative police detention in temporary holding facilities under the jurisdiction of the Ministry of the Interior;
(e)The reported failure of the State party to ensure prompt, impartial and full investigations into the numerous allegations of torture
and ill-treatment, thereby contributing to a culture of impunity among law enforcement officials;
(f)The absence of an independent oversight mechanism competent to deal with complaints against the police;
(g)The lack of judicial supervision of temporary holding facilities that are under the jurisdiction of the Ministry of the Interior;
(h)Allegations of a dysfunctional criminal justice system, apparently caused in part by a lack of independence of the procuracy and
the judiciary;
(i) Allegations concerning the heavy emphasis put on confessions as a primary source of evidence in criminal proceedings;
(j)Reports alleging that immigrants are apparently being detained in poor conditions in temporary holding facilities;
(k)Allegations regarding the expulsion of aliens that seem to occur without taking into consideration the safeguards contained in article
3 of the Convention;
(l)The poor material conditions prevailing in police detention facilities and prisons and the lack of independent inspections of such
places. The Committee expresses particular concern at reports alleging that juveniles are in some cases held together with adults
where they lack education and meaningful activities;
(m)The lack of training in the prevention of torture of law enforcement personnel, including doctors dealing with persons deprived of
their liberty.
D. Recommendations
139. The Committee recommends that the State party:
(a) Ensure that the fundamental safeguards against torture and ill-treatment of detainees, including those held for
administrative offences, are available in practice, including their right to medical assistance and legal counsel and to
contact with their families from the earliest stages of their detention;
(b) Incorporate in the new Criminal Code a definition of torture as a separate crime that is in conformity with article 1 of
the Convention;
(c) Ensure prompt, impartial and full investigations into the many allegations of torture reported to the authorities, the
prosecution and punishment of the perpetrators, as appropriate, and the provision of just compensation for the victims;
(d) Discontinue the practice of administrative police detention;
(e) Establish an independent administrative body competent to deal with complaints against the police and law
enforcement personnel;
(f) Take effective measures to ensure a fully independent procuracy and an independent judiciary in conformity with the
United Nations Basic Principles on the Independence of the Judiciary, if necessary by calling for international
cooperation;
(g) Take measures to ensure that evidence obtained under torture is not invoked in court;
(h) Take measures to ensure that the requirement of article 3 of the Convention is taken into consideration when
deciding on the expulsion, return or extradition of aliens;
(i) Transfer the responsibility of detained persons in temporary holding facilities from the Ministry of the Interior to the
Ministry of Justice;
(j) Issue directives on the proper conduct of interrogations of persons in police custody, including the total prohibition of
ill-treatment and torture;
(k) Provide an information sheet in the appropriate languages in all police stations to inform all detainees of all their
rights immediately after their arrest;
(l) Improve the conditions of detention in police stations and prisons so as to bring them into conformity with article 16 of
the Convention, and establish an independent and systematic system to monitor the treatment in practice of persons
arrested, detained or imprisoned;
(m) Reinforce human rights education and promotion activities regarding the prohibition of torture, particularly for law
enforcement and medical personnel, and introduce training in these subjects in official education programmes;
(n) Provide in the next periodic report detailed statistical data, disaggregated by crime, region, ethnicity and gender, on
complaints relating to torture and ill-treatment allegedly committed by law enforcement officials, as well as related
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