CAT/C/LKA/CO/5
amendments to the Code of Criminal Procedure Act proposed in 2016 guarantee the right to
meet with a lawyer only after the detainee’s statement is taken by the police. While noting
that the Government is reconsidering this proposal, the Committee stresses that such a rule
would not eliminate the risk of detainees being tortured during police interrogations. It is
also concerned about information that habeas corpus applications are still an ineffective
remedy to challenge the lawfulness of detention because of the excessive delays in the
process of inquiry before the magistrate’s courts (art. 2).
28.
The State party should make the necessary legislative amendments to the draft
Code of Criminal Procedure Act in order to ensure, in law and in practice, that all
detainees are afforded all fundamental legal safeguards from the outset of the
deprivation of liberty, including the safeguards mentioned in paragraphs 13 and 14 of
the Committee’s general comment No. 2. In particular, the State party should
guarantee that the persons arrested and detained have the right:
(a)
To prompt access to a lawyer, especially during police interrogations,
including unrestricted access to an ex officio lawyer;
(b)
To notify a relative or other person of the detainee’s choice of the
reasons for and place of detention;
(c)
To challenge, any time during the detention, the legality or necessity of
the detention before a magistrate who can order the detainee’s immediate release, and
to receive a decision without delay. The State party should increase its efforts to
ensure that the adjudication of habeas corpus proceedings is as expeditious as possible.
The State party should regularly verify that law enforcement officials respect legal
safeguards, and it should apply Crimes Circular No. 02/2013 and penalize any failure
on the officials’ part to do so.
Medical examinations
29.
While noting the information provided in the State party’s report that arrested
persons are routinely brought for a medico-legal examination before being produced before
a magistrate and prior to their release, the Committee regrets the lack of information on the
number of investigations initiated on the basis of medico-legal reports that showed
evidence of ill-treatment. The Committee is also concerned that the person examined can
only obtain a copy of the medico-legal report once it is sent to the court and becomes a
public document, and that its publication threatens the confidentiality of the medical
information and exposes victims to reprisals. As regards requests for medico-legal
examinations in prisons, the Committee expresses concern at information that prison
doctors need to request permission from the prison management, which may create a
conflict of duty for prison doctors and expose them to pressure to supress evidence (art. 2).
30.
The Committee calls on the State party to ensure that:
(a)
A medical examination is performed promptly at the beginning of the
deprivation of liberty by independent doctors, including doctors of the detainee’s own
choosing, who have been trained in the use of the Manual on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (the Istanbul Protocol);
(b)
The medico-legal report is made directly available to the detainee or the
detainee’s counsel on request;
(c)
All examinations are performed out of earshot and sight of police
officers and prison staff;
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