E/CN.4/1999/61/Add.1
page 31
the moment of arrest or, in a genuine emergency, seven days, provided that the
safeguards referred to in the previous recommendation are in place.
(c)
Pilot projects at present under way involving automatic audio- and
videotaping of police and jandarma questioning should be rapidly expanded to
cover all such questioning in every place of custody in the country.
(d)
Medical personnel required to carry out examinations of detainees
on entry into police, jandarma, court and prison establishments, or on leaving
police and/or jandarma establishments, should be independent of ministries
responsible for law enforcement or the administration of justice and be
properly qualified in forensic medical techniques capable of identifying
sequelae of physical torture or ill-treatment, as well as psychological trauma
potentially attributable to mental torture or ill-treatment; international
assistance should be given for the necessary training. Examinations of
detainees by medical doctors selected by them should be given weight in any
court proceedings (relating to the detainees or to officials accused of
torture or ill-treatment) equivalent to that accorded to officially employed
or selected doctors having comparable qualifications; the police bringing a
detainee to a medical examination should never be those involved in the arrest
or questioning of the detainees or the investigation of the incident provoking
the detention. Police officers should not be present during the medical
examination. Protocols should be established to assist forensic doctors in
ensuring that the medical examination of detainees is comprehensive. Medical
examinations should not be performed within the State Security Court
facilities. Medical certificates should never be handed to the police or to
the detainee while in the hands of the police, but should be made available to
the detainee once out of their hands and to his or her lawyer immediately.
(e)
Prosecutors and judges should not require conclusive proof of
physical torture or ill-treatment (much less final conviction of an accused
perpetrator) before deciding not to rely as against the detainee on
confessions or information alleged to have been obtained by such treatment;
indeed, the burden of proof should be on the State to demonstrate the absence
of coercion. Moreover, this should also apply in respect of proceedings
against alleged perpetrators of torture or ill-treatment, as long as the
periods of custody do not conform to the criteria indicated in (a) and (b)
above.
(f)
Prosecutors and judges should diligently investigate all
allegations of torture made by detainees. In the case of prosecutors in the
State Security Courts, allegations should also be referred to the public
prosecutor for criminal investigation. The investigation of the allegations
should be conducted by the prosecutor himself or herself and the necessary
staff should be provided for this purpose.
(g)
Prosecutors and
appeals of public officials
should be commensurate with
prosecution afforded by the
be removed.
the judiciary should speed up the trials and
indicted for torture or ill-treatment. Sentences
the gravity of the crime. The protection against
Law on the Prosecution of Public Servants should
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