A/65/44
The Committee would also like to receive details from the State party of any training
given to the private security firms used by the State party, both in its home territory
and abroad.
(21) The Committee remains particularly concerned about the persistent allegations that
it has received regarding ill-treatment by law enforcement officers of detainees and other
persons in their charge (art. 16).
The State party should take steps to ensure that all allegations of ill-treatment at the
hands of law enforcement officers are promptly investigated in the course of
transparent and independent inquiries, and that the perpetrators receive appropriate
punishment.
The Committee would also appreciate information about the Note apparently
circulated by the Office of the Inspector-General of the National Police in October
2008 concerning the methods used by law enforcement agencies to restrain suspects or
persons against whom removal orders have been issued, which have already resulted
in cases of death by asphyxiation (Mohamed Saoud in 1998 and Abdelhakim Ajimi in
2007).
Provisions concerning the custody and treatment of arrested, detained and
imprisoned persons
Police custody
(22) The Committee remains concerned about the amendments to the Act of 9 March
2004, which, under the special procedure applicable in cases of terrorism and organized
crime, delay access to a lawyer until the 72nd hour of police custody. These provisions are
likely to give rise to violations of the terms of article 11 of the Convention, since it is
during the first few hours after an arrest that the risk of torture is greatest, particularly when
a person is being held incommunicado. The Committee also remains concerned about the
frequent use of pretrial detention and the duration of such detention (arts. 2 and 11).
The Committee reiterates its previous recommendation that the State party take
appropriate legislative measures to guarantee immediate access to a lawyer during
police custody, in accordance with article 11 of the Convention. The Committee
further recommends that steps be taken to reduce the use of pretrial detention and the
duration of such detention.
Interrogations
(23) While noting with satisfaction that the Act of 5 March 2007 makes video recording
of questioning by the police or a judge compulsory, except in cases involving minor
offences, the Committee notes that the Act does not apply to persons accused of terrorism
or organized crime, failing special authorization by the Public Prosecutor or investigating
judge. In addition, the law does not provide for the installation of video surveillance
cameras in all areas of police stations and gendarmeries where persons may be held in
custody, including passageways (arts. 11 and 16).
The Committee recommends that the State party make video recording of
interrogations of all persons questioned a standard procedure, and install video
surveillance cameras throughout police stations and gendarmeries in order to extend
and strengthen the protection afforded to detainees in police custody.
Prison conditions and criminal policy
(24) The Committee welcomes the creation of the post of Inspector-General of places of
deprivation of liberty by the Act of 30 October 2007, as well as the steps taken by the State
party to address the critical problem of prison overcrowding, notably by building new
GE.10-44721
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