Notes
cording of detention; information provided to detained persons on their rights
and the actual exercise of those rights […];
compliance with rules governing the questioning of criminal suspects; and material
conditions of detention. The findings of
the above-mentioned authority should be
forwarded not only to the police but also
to another authority which is independent
of the police” and Principle 29 of the Body
of Principles: “(1) In order to supervise the
strict observance of relevant laws and regulations, places of detention shall be visited regularly by qualified and experienced
persons appointed by, and responsible to,
a competent authority distinct from the
authority directly in charge of the administration of the place of detention or imprisonment; (2) A detained or imprisoned
person shall have the right to communicate
freely and in full confidentiality with the
persons who visit the places of detention
or imprisonment in accordance with paragraph 1 of the present principle, subject to
reasonable conditions to ensure security
and good order in such places” and Principle 33 (1) according to which a detainee
may complain about torture “when necessary, to appropriate authorities vested with
reviewing or remedial powers.”
58. Principle 33 (4) of the Body of Principles
provides that no-one should be prejudiced
for making a complaint; Article 13 of the
UN Convention Against Torture expressly
requires States to protect complainants
and witnesses from torture
59. Güleç v. Turkey (1999) 28 E.H.R.R. 121 ECHR
at para. 79.
60. Aksoy v. Turkey (1997) 23 E.H.R.R. 553, para.
98; Ilhan v. Turkey, (2002) 34 E.H.R.R. 36,,
para. 92 Tekin v. Turkey (2001) 31 E.H.R.R.
4, para 66.
61. CPT, 12th General Report, supra, para.42:
“Persons in police custody should have
a formally recognised right of access to
a doctor. In other words, a doctor should
always be called without delay if a person requests a medical examination; police officers should not seek to filter such
requests. Further, the right of access to a
doctor should include the right of a person
in custody to be examined, if the person
concerned so wishes, by a doctor of his/
her own choice (in addition to any medical
61
examination carried out by a doctor called
by the police). All medical examinations of
persons in police custody must be conducted out of the hearing of law enforcement
officials and, unless the doctor concerned
requests otherwise in a particular case,
out of the sight of such officials. It is also
important that persons who are released
from police custody without being brought
before a judge have the right to directly
request a medical examination/certificate
from a recognised doctor”; Principle 24 of
the Body of Principles: “A proper medical
examination shall be offered to a detained
or imprisoned person as promptly as possible after his admission to the place of
detention or imprisonment, and thereafter
medical care and treatment shall be provided whenever necessary. The care and
treatment shall be provided free of charge”
and 26: “The fact that a detained or imprisoned person underwent a medical examination, the name of the physician and
the results of such an examination shall be
duly recorded. Access to such records shall
be ensured. Modalities therefore shall be
in accordance with relevant rules of domestic law.” See also Aydin v. Turkey (1998)
25 E.H.R.R. 251 ECHR on the right to an examination by medical professionals with
appropriate and relevant training and expertise, at para. 107; Akkoç v. Turkey (2002)
34 E.H.R.R. 51 ECHR, para. 118’; Ogur v.
Turkey (2001) 31 E.H.R.R. 40, paras.89-90.
62. See Henri Parot v. Spain, CAT, Communication No. 6/1990, CAT/C/14/D/6/1990, para
10.4 and Encarnacion Blanco Abad v. Spain,
CAT, Communication 56/1996 at para 8.6.
See also, Chris Ingelse, The UN Committee against Torture: An Assessment, The
Hague/London/Boston: Kluwer Law International, 2001, at p. 355.
63. Eduardo Bleier v. Uruguay, HRC Communication No. R.7/30, U.N. Doc. Supp. No. 40
(A/37/40) at 130 (1982).
64. Assenov & Others v. Bulgaria, (24760/94)
[1998] ECHR 98 (28 October 1998) and
Veznedaroglu v. Turkey. 32357/96) [2000]
ECHR 166 (11 April 2000).
65. Maritza Urrutia Case, Judgment of 27 November 2003, Inter-Am. Ct. H.R., (Ser. C)
No. 103 (2003), para. 110; See also, Velasquez Rodriguez v. Honduras, Judgment of
29 July 1988, Inter-Am Ct. H.R. (Ser. C) No.
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