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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