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been held in leg irons practically all the time. Prolonged solitary confinement and the permanent
use of leg irons amount to inhuman treatment. In addition, the Special Rapporteur received
allegations from various sources about persons held incommunicado and in secret detention,
which he could not verify because of lack of access.
C. Vulnerable groups
15. Despite the lack of any legal basis for the detention of immigrants awaiting deportation,
they are frequently held for long periods in police detention in poor conditions, without access to
water and/or food since they have no family members nearby to help them. Their ability to
contact the consular representatives of their countries is limited. The Special Rapporteur also
received credible reports that immigrants are at increased risk of being subjected to
discriminatory practices and even physical abuse by other detainees, with the tacit approval of
the police.
16. Women and children are not separated from male adults in prisons or in police and
gendarmerie custody and are therefore extremely vulnerable to sexual violence and other forms
of abuse. This is a clear violation of international norms.
IV. DYSFUNCTIONAL JUSTICE SYSTEM
17. The non-existence of a properly functioning justice system, and the resulting absence of
the rule of law, encourage a situation where torture can continue unabated. Factors contributing
to this situation are:
(a)
The lack of an independent judicial system;
(b)
Endemic corruption;
(c)
practice;
Routine use of arbitrary detention and ineffectiveness of habeas corpus guarantees in
(d) Lack of any clear distinction between the various State security bodies, which are
militarized and effectively control the judicial system;
(e) “Evidence” obtained under torture is commonly used as the basis
for convictions, which means that there is considerable pressure on the police to extract
confessions;
(f) Notwithstanding Act No. 6/2006 on the Prevention and Punishment of Torture, there
is near total impunity. With the exception of one female police officer who was sentenced to
seven months in prison for a case of torture causing death, no alleged perpetrator of torture has
been brought to justice. On the contrary, certain officers known to use torture regularly continue
working in the police and gendarmerie.