A/HRC/22/53/Add.2
official capacity contained in the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment;
(c)
Ensure that no person convicted of or prosecuted for the crime of torture
may benefit from an act of amnesty;
(d)
Include in the Criminal Code a specific provision which establishes that
the order of a superior officer or of a public authority may not be invoked as a
justification for torture, and provide a protection mechanism for subordinates who
refuse to obey an order to torture a person who is in their custody;
(e)
Amend the Anti-Terrorism Act (No. 03-03) to reduce the period of police
custody from 96 hours (renewable twice);
(f)
Revise article 290 of the Code of Criminal Procedure to extend to
infractions and misdemeanours the evidentiary standard already in effect governing
crimes, so that in all penal trials statements prepared by the police shall be treated as
one piece of evidence among others, with no presumption as to its truthfulness;
(g)
Amend the Code of Criminal Procedure to indicate that where there is
an allegation of torture or ill treatment the burden of proof lies on the prosecution to
prove beyond reasonable doubt that any confession made has not been obtained by
unlawful means.
(h)
Amend article 84 of the Prisons Act (No. 23/98) to empower regional
directors to authorize civil society organizations to visit the institution; and amend
article 10 of the implementing decree of Act No. 23/98 to enlarge the scope of activities
of non-governmental organizations in that regard;
(i)
Amend article 134 of the Criminal Code in order to ensure that all
offenders suffering from a mental disability are placed in a psychiatric institution,
regardless of the degree of the offence.
88.
With regard to safeguards and prevention, the Special Rapporteur
recommends that the Government:
(a)
Ensure strict adherence to registration from the very moment of actual
apprehension, in particular in cases involving national security and terrorism
suspects; and ensure that police station chiefs and investigating and operative officers,
including members of the DST, are held criminally accountable for any
unacknowledged detention;
(b)
Ensure, through amendments to legislation, that access to lawyers of a
suspect’s own choosing is granted from the moment of apprehension, without the
presence of an investigator and without requiring the authorization of the prosecutor,
including in cases of threats against national security and terrorism. It should be
granted as a matter of law and any official who denies access to a lawyer should be
disciplined;
(c)
End the practice of incommunicado and secret detention, in accordance
with article 23 of the Constitution;
(d)
Ensure that statements or confessions made by a person deprived of
liberty other than those made in the presence of a judge and with the assistance of a
lawyer have no probative value in proceedings against that person;
(e)
Ensure that reports prepared by the judicial police during the
investigative phase remain inadmissible in trial court until the prosecution meets the
burden of proving their veracity and legal validity according to the Code of Criminal
Procedure;
18
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