A/HRC/19/61/Add.2
the ill-treatment occurred. The Special Rapporteur was told that the use of torture by the
criminal investigation police was exacerbated by the heavy reliance on confessions in the
judicial system.
39.
The Special Rapporteur has concluded that, in the immediate aftermath of the
violence of June 2010, there was a significant increase of continued arbitrary arrests and
detentions, incidents of forced confession under the use of torture and ill-treatment during
arrest and while in detention, denial of access to a lawyer of one’s choosing, denial of
independent medical aid, threats and extortion of money in exchange for dropping or
mitigating charges. These incidents, usually committed by the operative-investigating
officers of the Ministry of the Interior during the first hours of apprehension and
interrogation, continued to be widespread throughout 2011.
40.
The commission of acts of torture was further facilitated by the lack of effective
safeguards during the first hours of arrest, non-compliance with regulations requiring the
prompt registration of persons arrested, failure to notify family members immediately
following an arrest, delayed independent medical examinations and the complicity of Stateappointed lawyers with investigators who offer a purely token presence and who are seen as
being formally present to rubberstamp the decisions of the investigator.
41.
On the basis of the information received and interviews conducted with relatives of
victims, the Special Rapporteur concludes that the deaths in custody reported and lack of
accountability for them were not isolated instances. Independent investigations launched
into deaths in custody are the exception rather than the rule. 7 In addition, relatives of the
victims often come under pressure from the police to withdraw their complaints or to settle
and have the case closed.
42.
The authorities of the Ministry of the Interior were unable to provide precise
statistics on the number of deaths in custody; they did, however, list the main causes of
deaths, including suicides and alcohol and drug overdoses. In terms of procedure, the
Special Rapporteur was informed that a forensic examination was performed and
investigation was initiated into the circumstances of the death. According to the statistics
provided by the State Service for the Execution of Punishments, during the period 20072011, there was a decrease in the number of deaths in penitentiary institutions and pretrial
detention facilities under the oversight of the Service. Of 151 deaths in 2007, five were
caused by bodily injuries; in 2010, there were only two deaths of pretrial detainees caused
by bodily injuries out of 90; and in the first 11 months of 2011, of 81 deaths, five were
caused by bodily injuries: one in the pretrial period, and four post-conviction.
B.
Lack of effective safeguards and prevention
43.
The Special Rapporteur has concluded that there is a serious lack of effective
safeguards during the first hours of detention. Owing to the failure to register suspects at
the time of apprehension, persons deprived of their liberty are extremely vulnerable to
torture and ill-treatment, given that it is during this time when basic safeguards are
generally not provided for in practice and the arrested person remains without any
protection.
1.
Unrecorded detention and denial of access to lawyers
44.
In all places visited, the dates of arrest, transfer to other facilities and release from
custody were properly registered and records maintained. Most detainees indicated that
they had seen judges and prosecutors and that, in most cases, “duty lawyers” were present
7
See CCPR/C/94/D/1275/2004.
11