MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE FOR NGOS
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Allegations of torture or ill-treatment received outside of or
during visits and, in some cases, the visitors' observations, must be
documented in detail. It is the medical specialists (of both physical
and mental health) who must be put in charge of documenting the
cases to be submitted for investigation by the competent services. The
visitors can, however, be called upon to record allegations of ill-treatment.
Allegations of torture or ill-treatment should be transmitted, barring any serious doubts as to their veracity, to the authorities responsible for investigation (administrative and penal), with the
above-mentioned precautions regarding representations made in the
name of individuals, and following a procedure which does not
endanger the person concerned by the allegation. It should be noted
that the burden of proof, i.e., the responsibility for establishing the
truth of the allegation by means of an appropriate investigation, lies
on the authorities in charge.
Information to take down in cases of allegations of illtreatment:
■
full identity of the person;
■
date when and place where the allegation was noted;
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detaining authorities;
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date and place of ill-treatment;
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authorities responsible for the ill-treatment;
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circumstances of the ill-treatment;
■
witnesses of the acts;
■
description of the ill-treatment (what, how, how long,
by whom?).
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