CAT/C/LKA/CO/5
(paras. 19-20), fundamental legal safeguards (paras. 27-28) and forced confessions (paras.
31-32).
Allegations of routine torture during police detention
9.
The Committee remains seriously concerned at consistent reports from national and
United Nations sources, including the Special Rapporteur on torture, indicating that torture
is a common practice carried out in relation to regular criminal investigations in a large
majority of cases by the Criminal Investigation Department of the police, regardless of the
nature of the suspected offence. The Committee is concerned that the broad police powers
to arrest suspects without a court warrant has led to the practice of detaining persons while
conducting the investigations as a means to obtain information under duress. The
Committee notes allegations that police investigators often fail to register detainees during
the initial hours of deprivation of liberty or to bring them before a magistrate within the
time limit prescribed by law, during which time torture is particularly likely to occur. It also
notes with concern that neither the Attorney General nor the judiciary exert sufficient
supervision over the legality of the detention or the conduct of police investigations to
prevent this practice. In this regard, the Committee shares the concern of the Special
Rapporteur on torture that magistrates often do not inquire into potential ill-treatment
during pretrial hearings and agree to the requests of police officers to keep suspects in
remand custody without further scrutiny (arts. 2, 12 and 16).
10.
The Committee calls on the State party to:
(a)
Make the necessary legislative amendments requiring the police to
obtain an arrest warrant issued by a judicial authority to conduct an arrest, except in
cases of flagrante delicto;
(b)
Ensure that detained persons are promptly brought before a judge
within the time limit established by law, which should not go beyond 48 hours;
(c)
Ensure that arresting officers register the exact date, time, ground for
the detention and place of arrest of all detained persons. The State party should
ensure that compliance with the detention registration system is closely monitored and
penalize any officers who fail to adhere to it or to ensure that their subordinates do so;
(d)
Establish effective prosecutorial oversight over police actions during
investigation and improve criminal investigation methods in order to end statements
obtained during police interrogation being relied on as the central element of proof in
criminal prosecutions;
(e)
Remind judges of their duty, whenever they have a reason to believe that
a person appearing before them may have been subjected to torture or duress, to
actively ask the detainees about their treatment during detention and to request a
forensic examination. The competent authorities should hold responsible those
persons whose duty it is to apply the law, including judges who fail to respond
appropriately to allegations of torture raised during judicial proceedings;
(f)
Install video surveillance in all places of custody where detainees may be
present, except in cases where detainees’ right to privacy or to confidential
communication with their lawyer or doctor may be violated. Such recordings should
be kept in secure facilities and be made available to investigators, detainees and
lawyers;
(g)
Encourage the application of non-custodial measures as an alternative to
pretrial detention.
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