E/CN.4/1991/17
page 93
301. Persons who allege that they have been subjected to torture often contend
that the complaints they have filed are not handled in a serious manner by the
authority competent to carry out the investigation. Others hesitate to file a
complaint or refrain from doing so, because the complaint has to be filed with
the same authority which formally was responsible for the investigation during
which the torture was practised, usually the prosecutor's office. Governments
should, therefore, consider the possibility of establishing independent
authorities with investigatory and/or prosecutory powers where complaints
about torture can be brought.
302. Since the moment of arrest and the first days of detention form the most
crucial period in the combat against torture, it is of utmost importance that
law enforcement personnel and other persons involved learn to recognize and
respect the inherent dignity of those who are committed to their trust.
Training courses and educational programmes remain therefore of the highest
significance in any credible campaign for the eradication of torture. The
international community has provided excellent documents which serve this
purpose. The Body of Principles and related instruments should be obligatory
material for all such programmes.
303. In conclusion the Special Rapporteur wishes to make the following
recommendations, many of which can also be found in his previous reports:
(a) States which have not yet done so, should ratify as soon as possible
the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment;
(b) Since incommunicado detention is highly conducive to torture
practices it should be declared illegal. A person found to be in
incommunicado detention should be released without delay;
(c) Interrogation of detained persons should only take place at official
interrogation centres. All interrogations should be duly recorded in
conformity with principle 23 of the Body of Principles for the Protection of
All Persons under Any Form of Detention or Imprisonment. Evidence obtained
from a detained person in non-official interrogation centres should not be
admitted as evidence in court, unless confirmed by him during interrogation at
official locations. The blindfolding or hooding of detainees during
interrogation should be absolutely forbidden;
(d) Places of detention should be regularly inspected by independent
experts. The institution of a treaty-based system of periodic visits to
places of detention would be a highly effective preventive measure against the
occurrence of torture and should therefore be seriously considered;
(e) Complaints about torture should be dealt with immediately and should
be investigated by an independent authority which has no relation to the
authority that investigated the offence which the detainee was suspected of
having committed. In this context the establishment of the post of an
ombudsman type authority or an independent commission on human rights with
investigative and/or prosecutory powers may be recommended;
(f) Whenever a torture complaint is found justified, the victim should
be provided with compensation without delay;
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