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ensure that in all cases relatives should be informed of detainees’ whereabouts. The
Committee is particularly concerned that the State party does not provide for the right of all
persons deprived of their liberty to an independent medical examination promptly upon
deprivation of liberty (arts. 2, 11, and 12)
The Committee recommends that the State party:
(a)
Ensure that all detainees are afforded, by law and in practice, the right
to access a lawyer, contact family members, be informed of the charges against them
and request and receive a medical examination by an independent physician promptly
upon actual deprivation of liberty;
(b)
Ensure that all detainees are provided with qualified lawyers who will
conduct a proper defence, and independent legal aid;
(c)
Maintain video recordings of all interrogations and install video
surveillance in all areas of custody facilities where detainees may be present, except in
cases where detainees’ right to privacy or to confidential communication with their
lawyer or a doctor may be violated. Such recordings should be kept in secure facilities
and made available to investigators, detainees and their lawyers;
(d)
Ensure that the State party monitors the provision of safeguards by all
public officials to persons deprived of their liberty, including by documenting relevant
information in detention registers, and ensuring regular monitoring of officials’
compliance with these reporting requirements;
(e)
Ensure that any public official who denies fundamental legal safeguards
to persons deprived of their liberties is disciplined or prosecuted, and provide data to
the Committee on the number of cases in which public officials have been disciplined
for such conduct.
Coerced confessions
10.
The Committee is concerned about numerous allegations that persons deprived of
their liberty were subjected to torture or ill-treatment for the purpose of compelling a forced
confession, and that such confessions were subsequently admitted as evidence in court in
the absence of a thorough investigation into the torture allegations. The Committee is
further concerned at the lack of information received on cases in which courts ordered
investigations into allegations made by a defendant that he or she confessed to a crime
under duress, or postponed criminal proceedings pending such an investigation, and/or
deemed such confessions or other evidence inadmissible (arts. 2, 11, 15 and 16).
The Committee urges the State party to combat the practice of torture to extract
confessions, and ensure that, in practice, forced confessions are not used as evidence in
any proceedings. The State party should ensure that judges ask all defendants in
criminal cases whether or not they were tortured or ill-treated in custody and order
independent medical examinations whenever necessary, particularly whenever there
is a reason to believe that a criminal defendant has been subjected to torture and
where the sole evidence of a defendant’s guilt is a confession. All confessions found to
have been obtained through torture should be excluded. The Committee urges the
State party to provide information on cases in which confessions were deemed
inadmissible on the grounds that they were obtained through torture, and indicate
whether any officials have been prosecuted and punished for extracting such
confessions.
Monitoring of places of detention
11.
While welcoming the establishment of Public Oversight Committees (POCs), the
Committee is concerned by (a) the requirement that POCs obtain advance authorization to
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