(i)
Under article 12 of the Convention, prosecutors and judges should investigate
allegations of torture whenever they come to their attention, whether or not the victim has filed a
formal complaint. In particular, every investigating judge, on learning from a detainee’s
statement that he or she has been subjected to torture, should initiate promptly an effective
investigation into the matter;
(j)
In the light of what appears to be a culture of impunity, investigation of cases of
torture should be prompt, impartial and effective. It should include a medical examination
carried out in accordance with the Istanbul Protocol on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
(k)
Law enforcement personnel should have at their disposal all modern methods and
equipment, as well as the professional training necessary to conduct effective and fair criminal
investigations;
(l)
All law enforcement officers should be trained in international standards relating
to the custody and treatment of detainees, in accordance with the Convention and the
United Nations Code of Conduct for Law Enforcement Officials;
(m)
Medical examinations of all detainees should be carried out in all prisons
within 24 hours of the time of detention. Any medical examination of a person detained should
contain: (i) an account of statements made by the person concerned which are relevant to the
medical examination, including his/her description of his/her state of health and any allegations
of ill-treatment; (ii) an account of objective medical findings based on a thorough examination;
(iii) the doctor’s conclusion in the light of (i) and (ii). Furthermore, the result of the medical
examination referred to above should be made available to the prisoner concerned and his/her
lawyer;
(n)
Judges, prosecutors and lawyers should be made fully aware of Serbia and
Montenegro’s international obligations in the field of human rights, particularly those enshrined
in the Convention;
(o)
The State party should establish an independent mechanism to investigate all
human rights abuses, whenever they occur, that are brought to its attention;
(p)
Persons alleged to have committed acts of torture should be suspended from
official duties during the investigation of such allegations. Those found guilty should be
dismissed from public service in addition to any other punishment;
(q)
Measures should be taken to ensure that the mechanisms of internal oversight of
the police function promptly and are independent and effective. An independent complaints
authority with wide powers of oversight and intervention should be created within the police
force;
(r)
The State party should devise appropriate schemes for the compensation of
victims of torture;
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