(c) Maintain a database to compile systematic information about the type of complaints received, the results of
investigations undertaken, and the recommendations made;
(d) Fulfil its legal terms of reference by reporting the human rights violations it discovers to the Public Prosecutor ’ s
Office.
242. With regard to the National Police, the SPT recommends that the Department of Public Order and Security or some
similar office, whether existing or to be established, should regularly supervise the conditions of detention of persons
deprived of their liberty in police stations, and should submit reports with recommendations for the continual
improvement of those conditions. It should likewise ensure proper follow-up of those recommendations.
243. With regard to the judiciary, the SPT recommends that the Prison Supervision Unit be granted the necessary human
and financial resources to carry out the functions assigned to it under Agreement No. 30, in particular its responsibilities
for inspecting detention centres and prisons and collecting statistical data. Concerning supervisory visits, the SPT
recommends that, to be more effective, they should not be announced in advance and should place the emphasis on
direct contacts with persons deprived of their liberty, who should not be pre-selected by prison staff, and that the visits
should be followed up by recommendations.
244. The SPT recommends that:
(a) Steps should be taken to review habeas corpus and amparo legislation, and to examine the problems posed in
practice by these legal instruments so as to ensure that they are effective in meeting the needs of persons deprived of
their liberty;
(b) The current status of proceedings with respect to all prisoners claiming to have served their sentences should be
verified as a matter of priority with a view to ensuring that, where their claims are confirmed, they may be released
immediately;
(c) The information system on the status of cases pending should be made operational in all prisons in the country and
should be made available for regular consultation by prisoners;
(d) Consideration should be given to ways of simplifying the law and judicial procedure so as to make it possible for the
sentence enforcement system to be based exclusively on the conduct of prisoners. This would not only help reduce prison
overcrowding but would also provide legal safeguards and reduce opportunities for arbitrariness and corruption.
245. The SPT recommends that the judiciary should be granted additional budgetary resources for allocation to the
criminal courts so that they may effectively discharge their task of administering justice.
246. The SPT likewise recommends that a nationwide census of the prison population should be undertaken to determine
the number of detainees who have been held on trial for over three years, in violation of the legal maximum period.
National Preventive Mechanism (Mecanismo nacional de prevención – MNP)
247. The SPT recommends that the State party, and in the first instance the Legislature, give the necessary priority to
the passage of the bill establishing an MNP so that the current text, or a similar draft meeting the requirements of the
OPCAT, may become law at the earliest possible date.
248. The SPT likewise recommends, as the Special Rapporteur on Torture has done previously, the early designation of
an independent national mechanism with the necessary resources to ensure effective and continuous supervision of the
conditions governing the deprivation of liberty.
Situation of persons deprived of their liberty
249. The SPT recommends that the National Police ensure strict compliance with the legal time limits laid down for
informing the Public Prosecutor ’ s Office and the judge of any arrest and for placing the person concerned at the
disposal of the judicial authorities, which must be attested in writing.
250. The SPT recommends that the necessary measures be taken to revise the criminal procedure legislation so as to
eliminate situations of extreme vulnerability in the hours immediately following arrest.
251. With regard to police registers, the SPT recommends:
(a) Establishing a compulsory system for registering persons held in detention, in the form of a bound and paginated
register, separate from the duty register, which should include the reasons for the deprivation of liberty, the exact time
when the detention began, how long it lasted, who was responsible for its authorization and the identity of the law
enforcement officials concerned, together with precise information on the place of detention and the hour at which the
detainee first appeared before a judicial or other authority;
(b) Recording cases in which detainees are subject to a medical examination, the identity of the doctor concerned and the
results of the examination;
(c) Registering complaints received, visits by family, lawyers and monitoring bodies and the personal effects of persons
detained;
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