(d) Training police personnel to use the register in an appropriate and consistent manner;
(e) Ensuring close supervision of the register system by senior officers to ensure the systematic recording of all relevant
information on the deprivation of liberty.
252.Posters, booklets and other outreach materials should be produced, in both official languages, with information on
the rights of persons deprived of their liberty, expressed in clear and simple language. The posters should be placed in
all places where persons deprived of their liberty are held, so as to be visible to them. The SPT likewise recommends
that the police should be trained to inform detainees systematically of their rights in a language they can understand and
that they should assist them in the exercise of those rights from the very start of their detention. This information should
be assembled in a form, which should be handed to all persons detained and signed by them.
253. The SPT urges the State party to introduce due process safeguards so that detainees in police custody are not
subject to any kind of pressure to make them confess to the commission of a crime or in order to obtain evidence
unlawfully. In particular, the State party should ensure that no person under interrogation shall be subject to violence,
threats or methods of interrogation that impair his decision-making capacity or his judgement.
254. The SPT recalls that any statement signed by detained persons should be in a language they know and understand.
255. In order to guard against abuses, the SPT recommends that the State party guarantee the application in practice of
article 90 of the Code of Criminal Procedure, so that statements taken by the police during detention — in violation of
the aforesaid provision — are not taken into account by judges in deciding on interim measures and do not serve to
incriminate or convict a suspect. In accordance with article 15 of the Convention against Torture, a State party shall
ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence
in any proceedings, except against a person accused of torture as evidence that the statement was made.
256.The SPT recommends that the State party should increase the financial and human resources of Office of the Public
Defender, within a framework of independence and functional autonomy . The SPT further recommends that, once its
independence and autonomy are ensured, the Office of the Public Defender should sign agreements with universities, bar
associations and civil society organizations nationwide in order to increase its operational capacity.
257. The SPT recalls the need to respect the right of persons deprived of freedom to be examined by a doctor and
recommends to the State party that it legally prescribe this right.
258. The SPT recommends to the authorities that all those persons detained be given a systematic medical examination
as soon as possible following their entry to the police station, and that the doctor attest to the state of health of the
person concerned in a register established for that purpose. This medical examination should be free of charge.
259. The SPT also recommends that medical examinations are carried out in keeping with the principle of medical
confidentiality: no person apart from medical personnel should be present during the examination. In exceptional cases,
for example when the doctor considers that the person detained on medical or psychiatric grounds constitutes a danger
to medical staff, special safety measures can be envisaged, such as stationing a police officer a short distance away. In
such cases, the doctor should record in writing the reasons for this decision and the identity of the police officer present.
These cases apart, police officers should remain out of hearing and sight of the place where the medical examination is
taking place.
260. The SPT likewise recommends that the medical examination of each detainee should include: (a) the person ’ s
medical history; (b) the existence of any discomfort or symptoms, a description by the person examined of how any
injuries were sustained, and the identity of the person held to be responsible; (c) the result of the physical examination,
including a description of any injuries and an indication as to whether the whole body was examined; and (d) the doctor ’
s conclusion as to whether the three above elements are mutually consistent. When the doctor has grounds for supposing
the existence of torture and ill-treatment, he should record it in the register established under the following paragraph.
261. The SPT recommends the State party to take steps to establish a national register of allegations of torture and illtreatment, which should include as a minimum the following information: (a) the identity of the alleged victim (name and
surname and/or identity document number); (b) age and sex of the alleged victim; (c) place where the alleged incidents
occurred; (d) identity of the alleged authors, including the state institution to which they belong; (e) methods of torture or
ill-treatment used; (f) circumstances relating to the torture and ill-treatment; (g) conclusions of the doctor who examined
the alleged victim; (h) result of the medical examination carried out in accordance with the Istanbul Protocol; and (i)
information concerning the investigations carried out, including their outcome, the sentencing of those responsible and
compensation to the victims. Other actors, such as the Public Prosecutor ’ s Office and monitoring bodies, should also
inform the register of cases of suspected torture and ill-treatment of which they are aware. The alleged victim should
give his/her consent with respect to the information mentioned in subparagraphs (a) and (b).
262. The SPT recommends that the State party establish a system of independent examinations, under which qualified
forensic doctors and psychologists will carry out exhaustive investigations when the doctor who has checked the detainee
has grounds for supposing that the person has been subject to torture and ill-treatment.
263. The SPT recommends that staff assigned to police stations should systematically provide information to all persons
deprived of their liberty about the right to file a petition or appeal concerning their treatment in custody. Every petition
or appeal must be promptly dealt with and replied to without undue delay, and it must be ensured that detained persons
do not suffer prejudice as a consequence.
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