CPT: 12TH GENERAL REPORT
47.
Police custody is (or at least should be) of
relatively short duration. Nevertheless, conditions of
detention in police cells must meet certain basic
requirements.
All police cells should be clean and of a
reasonable size5 for the number of persons they are
used to accommodate, and have adequate lighting (i.e.
sufficient to read by, sleeping periods excluded) ;
preferably cells should enjoy natural light. Further,
cells should be equipped with a means of rest (e.g. a
fixed chair or bench), and persons obliged to stay
overnight in custody should be provided with a clean
mattress and clean blankets. Persons in police custody
should have access to a proper toilet facility under
decent conditions, and be offered adequate means to
wash themselves. They should have ready access to
drinking water and be given food at appropriate times ,
including at least one full meal (i.e. something more
substantial than a sandwich) every day. Persons held in
police custody for 24 hours or more should, as far as
possible , be offered outdoor exercise every day.
Many police detention facilities visited by
CPT delegations do not comply with these minimal
standards. This is particularly detrimental for persons
who subsequently appear before a judicial authority ;
all too frequently persons are brought before a judge
after spending one or more days in substandard and
filthy cells, without having been offered appropriate
rest and food and an opportunity to wash.
48.
The duty of care which is owed by the police
to persons in their custody includes the responsibility
to ensure their safety and physical integrity. It follows
that the proper monitoring of custody areas is an
integral component of the duty of care assumed by the
police. Appropriate steps must be taken to ensure that
persons in police custody are always in a position to
readily enter into contact with custodial staff.
19
On a number of occasions CPT delegations
have found that police cells were far removed from the
offices or desks where police officers are normally
present, and were also devoid of any means (e.g. a call
system) enabling detained persons to attract the
attention of a police officer. Under such conditions,
there is considerable risk that incidents of various kinds
(violence among detainees; suicide attempts; fires etc.)
will not be responded to in good time.
49.
The CPT has also expressed misgivings as
regards the practice observed in certain countries of
each operational department (narcotics, organised
crime, anti-terrorism) in a police establishment having
its own detention facility staffed by officers from that
department. The Committee considers that such an
approach should be discarded in favour of a central
detention facility, staffed by a distinct corps of officers
specifically trained for such a custodial function. This
would almost certainly prove beneficial from the
standpoint of the prevention of ill-treatment. Further,
relieving individual operational departments of
custodial duties might well prove advantageous from
the management and logistical perspectives.
50.
Finally,
the
inspection
of
police
establishments by an independent authority can
make an important contribution towards the prevention
of ill-treatment of persons held by the police and, more
generally, help to ensure satisfactory conditions of
detention. To be fully effective, visits by such an
authority should be both regular and unannounced, and
the authority concerned should be empowered to
interview detained persons in private. Further, it should
examine all issues related to the treatment of persons in
custody: the recording of detention; information
provided to detained persons on their rights and the
actual exercise of those rights (in particular the three
rights referred to in paragraphs 40 to 43); compliance
with rules governing the questioning of criminal
suspects; and material conditions of detention.
The findings of the above-mentioned authority
should be forwarded not only to the police but also to
another authority which is independent of the police.
5
As regards the size of police cells, see also
paragraph 43 of the 2nd General Report (CPT/Inf
(92) 3).
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