A/HRC/40/59/Add.3
time and place of detention from the outset of deprivation of liberty and not only from
the time of writing of the detention record;
(e)
Improve forensic medical capacity and infrastructure within places of
detention, and ensure the full independence of all forensic medical staff, their
unhindered access to all detainees on the basis solely of the detainees’ individual medical
needs, and their ability to examine alleged victims of torture and ill-treatment freely
and without supervision;
(f)
Ensure adequate training of all law enforcement, legal and health
professionals involved with detainees, specifically including training on the forensic
investigation and documentation of torture and other ill-treatment, in accordance with
the Istanbul Protocol and the Model Protocol for a Legal Investigation of Extra-legal,
Arbitrary and Summary Executions (the Minnesota Protocol);
(g)
Ensure that photographic documentation of trauma injuries becomes an
obligatory routine practice and provide all medical services with adequate equipment
for this purpose;
(h)
Ensure and facilitate regular, effective and independent monitoring of all
institutions or locations where individuals may be deprived of their liberty, by national
and local bodies such the national preventive mechanism, by specialized civil society
organizations and by the relevant international and regional bodies, such as the
Subcommittee on Prevention of Torture, the European Committee for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment, ICRC and the
relevant special procedure mandate holders;
(i)
Ensure the full institutional, political and financial independence,
impartiality and professionalism of the national preventive mechanism, and the
compliance of the national human rights institution with the principles relating to the
status of national institutions for the promotion and protection of human rights (the
Paris Principles);
(j)
Ensure that all relevant detention monitoring bodies operating under the
“ombudsman plus” system have free and unhindered access to places of detention. In
that context, the Office of the Ombudsman should ensure a swift accreditation process
to permit the participation of experienced and adequately trained staff from civil society
organizations in such monitoring tasks.
120. Regarding prompt, thorough and impartial investigations, the Special
Rapporteur recommends that the executive and judicial authorities:
(a)
Ensure prompt, thorough and impartial investigation and prosecution of
all alleged offences involving torture or other cruel, inhuman or degrading treatment
or punishment, including those reported to have been committed in a context of armed
conflict;
(b)
Promptly give full strength to the newly created independent State Bureau
of Investigation established to investigate crimes committed by high-ranking officials,
judges, prosecutors and law enforcement officers, and to provide it with the necessary
powers and resources to fulfil its indispensable function;
(c)
Ensure that perpetrators of torture or other cruel, inhuman or degrading
treatment or punishment are held criminally responsible and that adequate penal
sanctions and disciplinary measures are imposed on convicted perpetrators;
(d)
Strengthen protection services to ensure the rights of victims of torture
and other ill-treatment to seek and receive redress and reparation;
121. Regarding the conditions of detention, the Special Rapporteur recommends that
the authorities:
(a)
Commit the funds necessary for the successive renovation and/or
replacement of outdated detention facilities and to ensure that the quality of nutrition,
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