EL HASKI v. BELGIUM JUDGMENT
11
party should ensure that law enforcement officers do not engage in torture through,
inter alia, an unambiguous reaffirmation of the absolute prohibition of torture and a
public condemnation of that practice by, in particular, the police, prison personnel and
members of DST. It should also be made very clear that anyone who commits such
acts or is complicit or otherwise participates in such acts will be held personally
responsible before the law and will be subject to criminal prosecution and the
appropriate penalties. ...
Secret arrests and detention in cases involving security concerns
14. The Committee is concerned by reports that, in cases involving terrorism, legal
procedures for arresting, questioning and holding suspects in custody are not always
followed in practice. The Committee is also concerned by information pointing to a
consistent pattern whereby suspects are arrested by plain-clothes officers who do not
clearly identify themselves, taken in for questioning and then held in secret detention
facilities, which in practice amounts to incommunicado detention. The suspects are
not officially registered and are subjected to torture and other cruel, inhuman or
degrading treatment or punishment. They are held in these conditions for weeks at a
time without being brought before a judge and without judicial supervision. Their
families are not notified of their arrest, of their movements or of their whereabouts
until such time as they are transferred to police custody in order to sign confessions
that they have made under torture. It is only then that they are officially registered and
their cases are processed through the regular justice system on the basis of falsified
dates and information (arts. 2, 11, 12, 15 and 16). ...
The State party should ensure that the proper legal procedures are followed in the
case of all persons who are arrested and taken into custody and that the basic
safeguards provided for by law are applied, such as access for detained persons to
legal counsel and to an independent physician, notification of their family of the arrest
and of the location where they are being held and their appearance before a judge.
The State party should take steps to ensure that all register entries, transcripts and
statements, and all other official records concerning a person’s arrest and detention
are kept in the most rigorous manner possible and that all information regarding a
person’s arrest and remand custody is recorded and confirmed by both the
investigative police officers and the person concerned. The State party should ensure
that prompt, thorough, impartial and effective investigations are conducted into all
allegations of arbitrary arrest and detention and should bring those responsible to
justice.
The State party should ensure that no one is held in a secret detention facility under
its de facto effective control. As often emphasized by the Committee, detaining
persons under such conditions constitutes a violation of the Convention. The State
party should open a credible, impartial, effective investigation in order to determine if
such places of detention exist. All places of detention should be subject to regular
monitoring and supervision.
Prosecution of perpetrators of acts of torture and ill-treatment
16. The Committee is particularly concerned that it has received no reports to date
of any person being convicted under article 231.1 of the Criminal Code of having
committed acts of torture. It notes with concern that police officers are, at the most,
prosecuted for assault or assault and battery, but not for torture, and that the
information provided by the State party indicates that the administrative and
disciplinary penalties imposed on officers for such acts do not seem to be
commensurate with their seriousness. The Committee observes with concern that
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