The State party should consider the establishment of a health service independent from the
Ministries of Internal Affairs and Justice to conduct examinations of detainees upon arrest and
release, routinely and at their request, alone or together with an appropriate independent body with
forensic expertise, so that serious medical cases, particularly deaths in custody, are examined by
impartial experts and results are made available to relatives of the deceased.
(18) While noting the efforts undertaken by the State party to improve the situation, there continue to be
inadequate living conditions in psychiatric hospitals for patients, including children, and there is also overcrowding
in such institutions, which may be tantamount to inhuman or degrading treatment, as well as lengthy periods of
confinement.
The State party should further develop outpatient services to reduce the problem of overcrowded
psychiatric hospitals and reduce the time of hospitalization as well as take appropriate measures to
improve the living conditions in inpatient institutions, for all patients, including children.
Training
(19)
The Committee is concerned at:
(a)
The absence of training to detect signs of torture and ill-treatment for medical personnel in general
and for personnel at temporary police detention facilities, in particular;
(b)
The insufficient level of practical training regarding the obligations under the Convention for law
enforcement personnel, judges as well as the military.
The State party should ensure practical training for doctors to detect signs of torture and ill-treatment
of persons in accordance with the Istanbul Protocol, as well as for prosecutorial and military personnel
in relation to the State party’s obligations under the Convention.
The State party should further expand existing training programmes, including with
non-governmental organizations, in the sphere of training of law enforcement and penitentiary
personnel.
Compensation and rehabilitation of victims of torture
(20) The lack of adequate compensation of victims of torture, as recognized by the Constitutional Court, as well
as the absence of appropriate measures for rehabilitation of victims of torture and other cruel, inhuman or degrading
treatment.
The State party should revise the current procedure of compensation, to bring it in line with
constitutional requirements and obligations under article 14 of the Convention, ensuring that
appropriate compensation is provided to victims of torture. The State party should ensure that
appropriate medical and psychological assistance is also provided to victims of torture and
ill-treatment.
Use of evidence obtained through torture
(21) While the Code of Criminal Procedure states that evidence obtained by torture shall be inadmissible, in
practice there appear to be no instruction to the courts to rule that the evidence is inadmissible, or to order an
immediate, impartial and effective investigation.
The State party should adopt clear legal provisions prescribing the measures to be taken by courts
should evidence appear to have been obtained through torture or ill-treatment, in order to ensure in
practice the absolute respect for the principle of inadmissibility of evidence obtained through torture,
except against a person accused of torture, as required by article 15 of the Convention.
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