A/HRC/10/44/Add.1 page 5 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.

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