CAT/C/CR/31/5
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(e)
The large increase in complaints about the treatment of prisoners by the police
(largely due to the State’s own positive efforts to make the complaint process more confidential)
and that, according to the State party, almost half of such complaints have been upheld. The
Committee is further concerned that investigations into allegations against police officers are not
conducted by a body independent of the police;
(f)
Reports that some State-appointed lawyers have shown little interest in how their
clients who are detained are treated;
(g)
The lack of information on compensation and rehabilitation provided to victims of
torture and/or ill-treatment;
(h)
That conditions in places of detention are poor, as acknowledged by the State
party, and that some prisoners “live in fear” of inter-prisoner violence, as noted by the European
Committee to Prevent Torture;
(i)
The lack of information provided regarding allegations of brutality against
conscripts in the army.
D. Recommendations
6.
The Committee recommends that the State party:
(a)
Adopt a definition of torture that covers all the elements contained in article 1 of
the Convention and incorporate into the Penal Code a definition of a crime of torture that clearly
responds to this definition;
(b)
Ensure that all detained persons have immediate access to a doctor and a lawyer,
as well as contact with their families at all stages of detention (art. 2);
(c)
inter alia:
Take all appropriate measures to prevent acts of torture and ill-treatment by,
(i)
Ensuring that health-care personnel are trained to identify signs of
physical and psychological torture;
(ii)
Emphasizing the importance of training prison officials to develop good
communication skills between themselves and with detainees, as a
measure to reduce the resort to prohibited physical coercion, and to reduce
inter-prisoner violence;
(iii)
Taking other appropriate measures to prevent acts of ill-treatment by
members of the police, and establish a fully independent and impartial
investigation system;
(d)
Ensure in practice that the public prosecutor’s actions are monitored to ensure that
any persons who allege ill-treatment or torture or who require medical examination are permitted
by the public prosecutor to receive such examinations at their request and not only at the order of
an official;