A/HRC/28/68/Add.3
82.
With regard to investigations:
(a)
Ensure that all instances of torture and ill-treatment, including those
dating back to the dirty war, are investigated promptly as such; ensure that
investigations are impartial, independent and exhaustive and that those responsible
are tried and punished under both criminal and administrative law; and ensure that
both the material authors and those who ordered, tacitly or explicitly acquiesced in or
did not prevent or report torture are investigated and punished and that the penalties
are commensurate with the seriousness of the crime;
(b)
Guarantee the immediate administrative suspension of any official who
is under investigation for torture and ill-treatment;
(c)
Document and punish cases in which judges or prosecutors failed to
order investigations of torture automatically upon receiving complaints or observing
possible indications of torture;
(d)
Guarantee that medical examinations are carried out promptly and in
accordance with the Istanbul Protocol by independent staff trained in the standards
governing its application, provide a copy of examinations once they are completed and
ensure that the absence of physical evidence in the medical examination is not
interpreted automatically as meaning that no torture took place;
(e)
Guarantee the separation of forensic services from public prosecution
services to ensure their independence and impartiality;
(f)
Ensure that forensic investigations by private individuals are admitted
into evidence and given the same weight as official investigations.
83.
With regard to preventive measures:
(a)
Completely withdraw military forces from law enforcement activities
and restrict their participation to support operations supervised by civilian judicial
bodies;
(b)
Ensure the immediate and comprehensive recording of detention,
followed by a thorough medical examination that records any evidence or allegation of
torture or ill-treatment, and the immediate notification of a person of the detainee’s
choosing, and establish penalties for non-compliance;
(c)
Guarantee confidential access to a lawyer from the moment of
deprivation of liberty and the presence of legal counsel during any part of the
investigation, failing which it will be ruled null and void. Ensure that detainees’
statements are ruled admissible only if they are given before a judicial authority in the
presence of their defence counsel;
(d)
Order prosecutors and judges automatically to exclude any evidence or
statement concerning which there is reason to believe that it was obtained as a result
of torture or ill-treatment or in violation of fundamental guarantees and to launch the
corresponding investigations, impose on the State the burden of proving that the
evidence was not obtained under torture and guarantee that unlawful evidence is
excluded from the outset and that its exclusion is not postponed until sentencing;
(e)
Increase the mandatory use of security cameras and other oversight
mechanisms during interrogations and patrols;
(f)
Ensure that detainees are brought promptly before the Public
Prosecution Service or judicial authority and instruct prosecutors and judges to
monitor, detect and investigate irregularities in the detention;
20
GE.14-25288
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