A/HRC/34/54/Add.1
(h)
Ensure the daily presence of truly independent and qualified medical
health staff, including psychiatric and dental specialists, in all places of deprivation of
liberty, in cooperation with the public health services, to perform medical entrance
exams and regular check-ups for all detainees and to provide medical assistance as
necessary;
(i)
Regulate and improve the quantity and quality of food and water and
ensure adequate sanitary and hygienic conditions, ventilation and access to exercise,
sunlight and recreational activities;
(j)
Introduce independent, effective and accessible complaints mechanisms
in all places of deprivation of liberty by installing telephone hotlines or confidential
complaints boxes and ensure that complainants are not subject to reprisal.
119. Regarding safeguards and prevention, the Special Rapporteur recommends
that the Government:
(a)
Ensure prompt registration of all persons deprived of their liberty with
at least the minimum information required under article 4 of the 2015 anti-torture
law, update existing logbooks to reflect these new obligations and periodically inspect
records at police and prison facilities to ensure that they are maintained in accordance
with the established procedures;
(b)
Ensure that both suspects and accused individuals have access to a
lawyer of their own choosing from the moment of apprehension, without the presence
of judicial police and without requiring the authorization of the prosecutor, including
in national security and terrorism cases;
(c)
Ensure that indigent defendants, no matter the charges they are facing,
are effectively provided with apt, State-funded, legal representation — either through
a public defender system, legal aid, bar association services, the case-by-case payment
of attorneys’ fees by the State or any other means — as a fundamental safeguard
against torture and ill-treatment, in all regions and through all stages of criminal
proceedings;
(d)
End the practice of secret and incommunicado detention in unofficial
and unrecognized detention locations;
(e)
Ensure that statements or confessions made by persons deprived of their
liberty other than those made in the presence of a judge and with the assistance of
legal counsel have no probative value in proceedings against them;
(f)
Ensure that national police, gendarmerie and national guard officers
receive adequate training to ensure that national procedures are compliant with in
international human rights law;
(g)
Create and develop medical forensic capacity and infrastructure and
ensure the adequate training of all health professionals involved with detainees,
including by providing specific training on the forensic assessment and documentation
of ill-treatment and torture, in accordance with the Istanbul Protocol and the
Minnesota Protocol;
(h)
Authorize and facilitate the regular, effective and independent
monitoring of places of deprivation of liberty by international and regional bodies, the
National Preventive Mechanism against Torture, the National Human Rights
Commission and civil society organizations;
21
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