CAT/C/CR/28/4
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E. Recommendations
8.
The Committee recommends that the State party:
(a)
Promptly incorporate into domestic law the definition of torture as contained in
article 1 of the Convention and characterize torture and other cruel, inhuman and degrading
treatment as specific crimes with appropriate penalties in domestic law;
(b)
Adopt measures to permit detainees access to a lawyer, doctor and family
members from the time they are taken into custody; inform suspects and witnesses of their rights
at the beginning of detention; and ensure that legal assistance and a doctor will be provided at the
request of detained persons rather than solely when permitted by officials. Urgent consideration
should be given to making a medical examination compulsory for persons when they enter IVS
and SIZOs, and to the establishment of a health service independent from the Ministries of
Internal Affairs and Justice to conduct such examinations;
(c)
Ensure in practice absolute respect for the principle of the inadmissibility of
evidence obtained by torture and review cases of convictions based solely on confessions,
recognizing that many of them may have been obtained through torture or ill-treatment, and, as
appropriate, provide compensation to and release persons presenting credible evidence of having
been tortured or ill-treated;
(d)
Improve conditions in prisons and pre-trial detention centres so that they are in
conformity with the requirements of the Convention. The State party should ensure, in
particular, that the prohibition of communication between inmates in pre-trial detention is not
imposed on all inmates without distinction, but limited to identified inmates, when necessary and
on the basis of a court decision setting a time limit for such conditions of detention;
(e)
Establish a programme of unannounced inspections of pre-trial detention centres
and other places of confinement, by credible impartial investigators, whose findings should be
made public;
(f)
Consider the creation of an independent body to inspect prisons, monitor all forms
of violence in custody, including sexual violence against both men and women, and all forms of
inter-prisoner violence, including proxy violence with the acquiescence of officials. The
participation of public defenders in the investigation stage following detention would offer a
safeguard for detainees;
(g)
Ensure training about obligations under the Convention for (i) doctors to detect
signs of torture or ill-treatment of persons who have been or are in custody; (ii) law enforcement
personnel and judges to initiate prompt and impartial investigations; and (iii) military personnel
to be aware of the prohibition of torture and that an order from a superior officer may not be
invoked as a justification of torture;
(h)
Request the Supreme Court to analyse the existing practices of the admissibility
of cases of torture in the courts, in light of the definition of torture provided in article 1 of the
Convention, and consider issuing guidelines on this matter;