(w)Complaints against the police and the gendarmerie should be investigated and pursued by bodies independent of the police or
gendarmerie;
(x)Statistics be compiled and maintained on an on-going basis concerning investigations, prosecutions or disciplinary action and be
broken down so as to permit precise oversight of proceedings and outcomes in cases involving alleged ill-treatment by the police and
the gendarmerie;
(y)The law enforcement services introduce an internal system of regular monitoring of initial custody covering both legal aspects and
material conditions of detention. This should operate in parallel with the monitoring to be carried by the NPM, once it is established;
(z)The authorities take steps to ensure:
That children are not held in initial custody except as a genuinely last resort
That children are held separately from adults
That their rights are fully and clearly explained to children in a way that is readily understandable
That a relative or trusted person is immediately informed of the custody of the child concerned
That no child is subjected to questioning without the presence of a trusted adult
That no child is subjected to restraint while in a custody cell
(aa)A specific budget for food provision for people in initial custody be established and carefully administered to ensure that the food
reaches the persons concerned. If families are able to bring food in for their relatives in custody this process also must be scrupulously
supervised to prevent abuse, and be duly and promptly recorded in a register;
(bb)Detainees in initial custody be systematically provided with at least two litres of drinking water per day free of charge, and
without this being dependent on an actual request from the detainee. Regular access to toilets and bathrooms must be provided to
those deprived of their liberty. The detention sections and cells should be swept and mopped regularly by staff. The toilets must be
unblocked and thoroughly cleaned;
(cc)Steps are immediately taken to restore the water supply to the Gendarmerie of Bohicon, both for the staff working at the
gendarmerie and for those held in garde à vue. In the absence of a piped water supply, a raised water tank with a minimum capacity
of 500 litres should be installed and regularly filled by water tanker;
(dd)Persons kept in police custody for more than 24 hours should, as far as possible, be offered outdoor exercise every day;
(ee)Any person held in initial custody by law enforcement officials must be provided with a clean place to stay, including at a minimum
a mat to sleep on, with access to sanitation, and with food and drinking water to meet the basic necessities of life. The cell should
have access to natural and artificial light and ventilation;
(ff)All detainees requesting medical treatment, or in obvious need of urgent medical attention, be transferred to a hospital or clinic
without delay, in particular when there are no staff members present in police and gendarmerie facilities with the medical qualifications
necessary to assess the health needs of persons deprived of liberty. An agreement between the Ministry of the Interior (for the police)
and the Ministry of Defence (for the gendarmerie), and the Ministry of Health should be negotiated to provide free emergency care
and medicines to detainees, as well as a health check on arrival. Failing this, a budget for medical care for detainees should be
established within the relevant ministries;
(gg)The use of restraints on persons deprived of their liberty be exercised with great caution, and systematically recorded, indicating
the officer who took the decision to use the restraints, the specific security reason which led to that decision, and how long the person
was restrained. Persons deprived of their liberty by law enforcement officials should not be subject to restraint while in the custody
cells;
(hh)Any item which is not part of the standard equipment issued to law enforcement officers should not be allowed on police
premises without the express authorisation of the senior officer and without careful recording of the details, including reasons;
(ii)All items taken in evidence should, immediately upon receipt at law enforcement premises, be listed, labelled and stored in a secure
manner;
(jj)All law enforcement officers be obliged to wear a means of clear identification, such as a name badge or other identification while
on duty;
(kk)An independent inquiry into the treatment of persons in custody by staff at the police station in Dantokpa and the Commissariat in
Bohicon;
(ll)The authorities remind all police and gendarmerie personnel at all levels that torture and other forms of ill-treatment of persons in
their custody are prohibited;
(mm)Training in investigation methods should emphasize the need to respect human rights, including the right to silence of a suspect or
accused person, and the requirement to proceed from the evidence to the suspect.
4.Deprivation of liberty in prisons
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents