CAT/C/CPV/CO/1
Fundamental legal safeguards
16.
The Committee takes note of the procedural safeguards set out in the Constitution
and the Criminal Code. It regrets, however, the lack of information, owing to the absence of
a State party report, regarding the right of detained persons to have access to a medical
examination by an independent doctor from the outset of deprivation of liberty, as well as
on the consistent use of registers of persons deprived of their liberty at all stages of
detention. Furthermore, the Committee is concerned about allegations of failure to bring
detained persons before a judge within 48 hours of arrest, as well as failure to inform
detainees of the reasons for their arrest and the charges brought against them (art. 2).
17.
The State party should:
(a)
Provide information on the legislative and administrative measures
taken to guarantee that detained persons are afforded, in law and in practice, all the
fundamental legal safeguards from the very outset of deprivation of liberty, in
particular, the right to access to a medical examination by an independent doctor;
(b)
Monitor the compliance with the legal safeguards by all public officials
and penalize any failure on the part of officials to comply;
(c)
Provide the Committee with information on the number of complaints
received regarding failure to respect such safeguards and on the outcome of those
complaints;
(d)
Provide information on the establishment of a central register of all
persons deprived of their liberty, the type of information recorded and the measures
taken to ensure accurate record-keeping.
Administration of justice
18.
The Committee is concerned about information that the justice system is
overburdened and understaffed, which creates delays in the delivery of justice, resulting,
among other things, in prolonged pretrial detention and a large backlog of cases pending
trial. The Committee also notes with concern that judges are underpaid, according to the
2016 report of the Parliamentary Commission on Constitutional Affairs, making the
judiciary vulnerable to bribery and corruption, as pointed out previously by the Human
Rights Committee (see CCPR/C/CPV/CO/1, para. 15) (art. 2).
19.
The State party should inform the Committee about the measures taken to:
(a)
Reduce the backlog of cases, including by increasing judicial capacity
and providing the judiciary with the necessary technical and financial resources to
guarantee their integrity;
(b)
Reinforce the measures in place for countering judicial misconduct,
particularly corruption in all its forms, which may hinder the progress of independent,
impartial and appropriate legal proceedings against perpetrators of torture;
(c)
Review the current criminal justice policy and enhance the efficiency of
the judicial proceedings;
(d)
Increase the use of alternative measures of detention, in accordance with
the United Nations Standard Minimum Rules for Non-Custodial Measures (the Tokyo
Rules).
Alleged police brutality
20.
The Committee is concerned about consistent reports of police brutality against
detained persons and about allegations of racial profiling during security operations and
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