A/HRC/19/61/Add.2 (d) Expedite a prompt, impartial and thorough investigation into all allegations of torture and cruel, inhuman or degrading treatment or punishment, and undertake public prosecutions without delay where the evidence warrants them; unless the allegation is manifestly unfounded, those involved should be suspended from their duties during the investigation and proceedings; (e) Increase the number of qualified health personnel in temporary and pretrial detention facilities and ensure that medical staff in places of detention are independent by transferring them from the State Service for the Execution of Punishments and the Ministry of the Interior to the Ministry of Health; and provide forensic medical services with training in the medical investigation of torture and other forms of ill-treatment; (f) Recall that evidentiary rules – and their incorrect interpretation -should not reward police and investigator misconduct; the exclusion of evidence at trial is one effective means to combat misconduct and abuses in the course of a criminal investigation; (g) Ensure that defence lawyers are given procedural opportunities to collect evidence independently of investigators through, inter alia, the deposition of witnesses and experts directly before a judge; (h) Shift the burden of proof to prosecution to prove beyond reasonable doubt that a confession or other evidence has not been obtained under any kind of duress, and consider filming and audiotaping interrogations; (i) Encourage judges and prosecutors to routinely ask persons arriving from police custody how they have been treated and to order an independent medical examination if they suspect that the detainee has been subjected to ill-treatment; an ex officio investigation should be initiated whenever there are reasonable grounds to believe that a confession has been obtained through the use of torture and illtreatment; these cases tried under article 305-1 of the Criminal Code are prosecutable ex officio and should not be subject to termination upon the victim’s request; (j) Improve the effectiveness of existing alternatives to pretrial detention and consider the introduction of new alternatives by encouraging the use of noncustodial measures such as bail, reporting to a police station, radio-monitored bracelets and house arrest; (k) Establish clearly set out enforcement mechanisms to provide victims with effective remedy and redress, including compensation and as full rehabilitation as possible by allocating funds in the national budget; and fulfil the right of the victim to obtain redress through civil litigation regardless of whether the guilt of a public agent has been determined by a court on a criminal case; (l) Establish an effective national preventive mechanism in accordance with the Optional Protocol to the Convention against Torture, ensure budgetary allocations and equip the mechanism with sufficient human and other resources to enable it to inspect all places of detention regularly, to receive complaints, initiate prosecutions and follow them through to their conclusions; (m) Consider adopting a law to allow regular inspections of all places of detention by an independent monitoring mechanism (in addition to the national preventive mechanism); ensure that oversight mechanisms, inter alia, public advisory councils, are able to conduct unimpeded and effective oversight of places of detention and that their findings and recommendations are made public; and introduce independent, effective and accessible complaint mechanisms to all places of detention through the installation of telephone hotlines or confidential complaints boxes, and 20

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