A/HRC/34/54/Add.1 (i) Ensure that, once operational, the National Preventive Mechanism against Torture is fully independent and impartial, is provided with sufficient funds to carry out its activities and is guaranteed access to all locations where individuals are deprived of liberty, including detention facilities, penitentiaries, gendarmerie and police stations and other, less traditional, places of deprivation of liberty. 120. Regarding prompt, thorough and impartial investigations, the Mauritanian judiciary should: (a) Effectively abide by its obligation to genuinely investigate and prosecute all those suspected of torture and ill-treatment, in accordance with the international legal obligation of Mauritania, and ensure that investigations are launched ex officio without any need for formal complaints by prosecutors and investigative magistrates whenever there are reasonable grounds to suspect torture or ill-treatment; (b) Ensure that allegations of torture and ill-treatment are admitted at all stages of judicial proceedings; (c) Hold criminally responsible the perpetrators of torture and ill-treatment and impose adequate disciplinary measures; (d) Ensure that the exclusionary rule with regard to evidence obtained under torture is fully implemented by the courts and that confessions in criminal proceedings are not admitted as evidence in the absence of any corroborating evidence; (e) Ensure the regular, unimpeded and unsupervised access of each detainee to the relevant prosecutor and/or investigative magistrate, through regular visits to places of deprivation of liberty and upon the request of the detainee, to allow for the submission of complaints of torture and ill-treatment; (f) Ensure that victims of torture and ill-treatment receive adequate compensation, including full rehabilitation, and that they are not subject to reprisal. 121. Regarding control of demonstrations, the Special Rapporteur recommends that the Government: (a) Act in compliance with international standards on the principles of necessity and proportionality in relation to the use of force, such as the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, with respect for the right to life and physical integrity; (b) Provide adequate training for law enforcement personnel on crowd control to prevent the excessive use of force; (c) Investigate allegations of excessive use of force against protestors and prosecute and punish perpetrators, even in the absence of a formal complaint. 122. Regarding migrants and refugees, the Special Rapporteur recommends that the Government: (a) Respect the fundamental human rights of migrants and refugees, including the right to not be returned or sent to places where they are at risk of torture or ill-treatment (non-refoulement) in accordance with article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; (b) Ensure that illegal migrants are detained in conformity with the Nelson Mandela Rules. 22

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