CAT/C/CR/29/3
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(d)
The severe conditions of imprisonment of some of the prisoners whose names
appear on the list of inmates under close observation (FIES). According to information received,
prisoners under level one of the close observation regime have to remain in their cells for most of
the day, and in some cases are allowed only two hours in the yard, are excluded from group,
sports and work activities, and are subjected to extreme security measures. Generally speaking,
it would seem that the physical conditions of imprisonment of these prisoners are at variance
with prison methods aimed at their rehabilitation and could be considered prohibited treatment
under article 16 of the Convention.
E. Recommendations
12.
The Committee recommends that the State party should consider the possibility of
improving the definition of torture in article 174 of the Penal Code in order to bring it fully into
line with article 1 of the Convention.
13.
The Committee recommends that the State party should continue to take measures to
prevent racist or xenophobic incidents.
14.
The Committee invites the State party to consider precautionary measures to be used in
cases of incommunicado detention, such as:
(a)
A general practice of video recording of police interrogations with a view to
protecting both the detainee and the officials, who could be wrongly accused of torture or
ill-treatment. The recordings must be made available to the judge under whose jurisdiction the
detainee is placed. Failure to do this would prevent any other statement attributed to the detainee
from being considered as evidence;
(b)
A joint examination by a forensic physician and a physician chosen by the
detainee held incommunicado.
15.
The Committee reminds the State party of its obligation to carry out prompt and impartial
investigations and to bring the alleged perpetrators of human rights violations, and of torture in
particular, to justice.
16.
The Committee recommends that the State party should ensure the initiation of
disciplinary proceedings in cases of torture or ill-treatment, rather than await the outcome of
criminal proceedings.
17.
The Committee encourages the State party to take the necessary measures to ensure that
the process of expulsion from the country, in particular in the case of minors, is in keeping with
the Convention.
18.
The Committee recommends that these conclusions and recommendations should be
widely disseminated in the State party in all appropriate languages.
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