CAT/C/ARM/CO/4
or indicate unwillingness to provide prompt and fair prosecution and punishment of
perpetrators of torture or ill-treatment violate the principle of non-derogability.
Fundamental legal safeguards
9.
The Committee takes note of the amendments to the Law on Holding Arrested and
Detained Persons aimed at improving the application of safeguards for all persons deprived
of their liberty as well as of the draft Criminal Procedure Code, in particular article 110
thereof, which, if adopted, would provide for enhanced fundamental legal safeguards
against torture and ill-treatment for such persons, in conformity with the Convention and
the standards of the Subcommittee on Prevention of Torture and the European Committee
for the Prevention of Torture. However, the Committee remains concerned at reports that
detained persons do not always enjoy in practice all the fundamental legal safeguards from
the very outset of their detention, including prompt access to a lawyer and to a doctor
(including a doctor of their own choice) and notification of their detention. It is also
concerned at reports:
(a)
That police officers do not keep accurate records of all periods of deprivation
of liberty and that persons deprived of their liberty for whom no detention report has been
drawn up are not informed of their rights and do not enjoy the fundamental legal safeguards;
(b)
That the three-day time limit for transferring persons deprived of liberty from
a police station to a detention facility is not systematically adhered to in practice and that
persons deprived of their liberty have not been brought promptly before a judge, as
evidenced in the context of the repression of the protests of June 2015 and July 2016;
(c)
That police officers discourage detainees from requesting legal assistance,
advising of the negative impact that such requests may have during the investigation;
(d)
That medical examinations often take place in the presence of police officers,
are performed by personnel that, owing to their status, are likely to have their independence
compromised, and that, in such circumstances, the accurate recording and reporting of
attested injuries are highly problematic (arts. 2 and 16).
10.
The State party should take effective measures to guarantee that all detained
persons are afforded in practice all the fundamental legal safeguards against torture
from the outset of their detention, in accordance with international standards. Such
rights include:
(a)
The right to be promptly informed, orally and in writing, of their rights,
of the reasons for their arrest and of the charges against them;
(b)
The right to have all periods of their deprivation of liberty accurately
recorded immediately after arrest in a register at the place of detention and in a
central register of persons deprived of liberty and to have detention reports drawn up
accordingly to prevent any cases of unrecorded detention. The State party should
consider, in this respect, introducing electronic detention reports;
(c)
The right to have prompt and confidential access to a qualified and
independent lawyer, or to free legal aid, when needed;
(d)
The right to promptly contact a family member or any other person of
their choice;
(e)
The right to access to a medical examination by an independent doctor
that should be conducted out of hearing and, unless explicitly requested by the doctor,
out of sight of police staff. The State party should guarantee in practice the
independence of doctors and other medical staff dealing with persons deprived of
liberty, ensure that they duly document all signs and allegations of torture or ill3