(f)
The legislative and other measures to ensure full respect of the provisions of
article 3 of the Convention continue to be insufficiently effective, and that the allegations
regarding the expulsion of foreigners, especially by order of the National Security Service on
national security grounds, is not subject to judicial review;
(g)
The insufficient data relating to compensation and rehabilitation available to
victims of torture or their dependants in accordance with article 14 of the Convention;
(h)
The extremely poor material conditions prevailing in detention facilities, in
particular in investigative detention facilities, some of which are still underground or lack basic
facilities for outdoor activities, where persons can be held for up to two years, and the lack of
independent inspections of such places;
(i)
The imposition of a particularly strict regime, notably for the first five years, upon
all prisoners serving life sentences.
D. Recommendations
33.
The Committee recommends that the State party:
(a)
Adopt a definition of torture that covers all the elements contained in
article 1 of the Convention and incorporate into the Penal Code a definition of a crime of
torture that clearly reflects this definition. Furthermore, the Committee invites the
State party to consider the advisability of incorporating into law the provisions of Ministry
of the Interior instruction No. I-167;
(b)
Strengthen the safeguards provided in the Code of Criminal Procedure
against ill-treatment and torture and pursue efforts to reduce incidents of ill-treatment by
police and other public officials, and devise modalities for collecting disaggregated data
and monitoring the occurrence of such acts in order to address the issue more effectively.
The State party is encouraged to pursue its efforts to recruit persons of Roma origin into
the police;
(c)
Take measures to establish an effective, reliable and independent complaint
system to initiate and undertake prompt and impartial investigations into all allegations of
ill-treatment or torture and to punish those found responsible. The Committee requests
that the State party provide it with statistical data regarding such reported cases and the
results of the investigations, disaggregated by, inter alia, gender, ethnic group,
geographical region and type and location of places of deprivation of liberty where they
occurred;
(d)
Ensure that, in law as well as in practice, all persons deprived of their liberty
are duly registered at the place of custody and guaranteed, and informed of, the rights to
have access to counsel, to contact next of kin and to a doctor. In this respect an
independent free legal aid system for detainees should be established. Strict rules on the
maintenance of medical records for all detained persons should be established and
rigorously adhered to;
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