14
45.
The CPT has stressed on several occasions the role of judicial and prosecuting
authorities as regards combatting ill-treatment by the police.
For example, all persons detained by the police whom it is proposed to remand to
prison should be physically brought before the judge who must decide that issue ; there are
still certain countries visited by the CPT where this does not occur. Bringing the person
before the judge will provide a timely opportunity for a criminal suspect who has been illtreated to lodge a complaint. Further, even in the absence of an express complaint, the judge
will be able to take action in good time if there are other indications of ill-treatment (e.g.
visible injuries; a person's general appearance or demeanour).
Naturally, the judge must take appropriate steps when there are indications that illtreatment by the police may have occurred. In this regard, whenever criminal suspects brought
before a judge at the end of police custody allege ill-treatment, the judge should record the
allegations in writing, order immediately a forensic medical examination and take the
necessary steps to ensure that the allegations are properly investigated. Such an approach
should be followed whether or not the person concerned bears visible external injuries.
Further, even in the absence of an express allegation of ill-treatment, the judge should request
a forensic medical examination whenever there are other grounds to believe that a person
brought before him could have been the victim of ill-treatment.
The diligent examination by judicial and other relevant authorities of all complaints
of ill-treatment by law enforcement officials and, where appropriate, the imposition of a
suitable penalty will have a strong deterrent effect. Conversely, if those authorities do not take
effective action upon complaints referred to them, law enforcement officials minded to illtreat persons in their custody will quickly come to believe that they can do so with impunity.
46.
Additional questioning by the police of persons remanded to prison may on
occasion be necessary. The CPT is of the opinion that from the standpoint of the prevention of
ill-treatment, it would be far preferable for such questioning to take place within the prison
establishment concerned rather than on police premises. The return of remand prisoners to
police custody for further questioning should only be sought and authorised when it is
absolutely unavoidable. It is also axiomatic that in those exceptional circumstances where a
remand prisoner is returned to the custody of the police, he/she should enjoy the three rights
referred to in paragraphs 40 to 43.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents