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;

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents