CAT/C/39/2
page 45
194. Generally forensic institutes and their doctors are economically dependent of the police
authorities. Thus, most States lack an independent forensic institute. Considering that most
allegations of torture and ill-treatment are against police agents, this lack of independence can
seriously compromise a diligent and prompt forensic examination with accurate results. In
addition, it has been repeatedly reported that all forensic institutes do not have sufficient
financial, technical and human resources to carry out their functions adequately.
195. In practice, the forensic examination of detainees is carried out only at the request of the
police or legal authority, such as a judge or prosecutor. This reduces the possibility that a
possible victim of torture will be medically examined. In many cases, medical examinations are
superficial or are carried out many days after the aggression has taken place, when external signs
of such activity will have already disappeared. Many doctors lack professional training in
forensic medicine and are unable to identify the injuries characteristic of ill-treatment or torture.
196. In the light of these considerations, the Committee makes the following recommendations:
(a) Complaints alleging torture by public officials should be promptly, fully and
impartially investigated and offenders should be prosecuted under the 1997 Torture Law and
penalized appropriately;
(b) The states’ Public Prosecutors’ Offices should be empowered to initiate and carry out
investigations into any allegations of torture and should be provided with the necessary financial
and human resources to allow them to fulfil this responsibility;
(c) An effective application of the Constitutional safeguard of federalization of human
rights crimes, in particular torture, which allows the Federal Prosecutor-General to request a
transfer of certain human rights violations (including torture) from State to federal jurisdiction,
should be ensured;
(d) Accused officers should be suspended from their duties pending the outcome of any
investigation into alleged torture and ill-treatment and any subsequent legal or disciplinary
proceedings;
(e) The judiciary should be encouraged to impose alternative sentences to detention as
provided for by the law. The imposition of long periods of detention or imprisonment for
relatively minor offences should be avoided as should close regime custody;
(f) The prosecution should carry the burden of proof where there are allegations that a
confession was extracted under torture;
(g) Only statements or confessions made in a presence of a judge should be admissible
as evidence in criminal proceedings;
(h) In order to ensure impartial investigations and safeguard the rights of all persons
deprived of their liberty, the State party should consider the creation of an Office of an
Investigating Judge;
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