Recommendation
(E/CN.4/2006/6/Add.5)
Situation during visit
(See E/CN.4/2006/6/Add.5)
who made the
confession. Serious
consideration should be
given to video and audio
taping of all persons
present during
proceedings in
interrogation rooms
Steps taken since December 2007/current
situation
•
There was a lack of prosecutions
in the face of mounting and
credible allegations of torture
and other acts of ill-treatment by
the police, APF and RNA.
•
There was a lack of confidence
in the justice system and the rule
of law on the part of victims and
their families.
•
and sometimes exclusive part of an
investigation. Reportedly, some members
of the police even implied that they
would not be able to obtain a confession
without using force
It is common for defendants to inform
courts at the time of committal hearings
that they did not give statements
voluntarily and, often, such statements
are ruled out as evidence. However, in
many other cases this does not happen,
or the victim is afraid to allege torture or
other ill-treatment
Non-governmental sources: most
detainees do not make formal complaints
of torture and other ill-treatment when
brought before a judge or prosecutor,
mostly for fear of reprisals. Although
some judges have developed the practice
of asking male detainees to remove their
shirts and question them about their
treatment at the hands of the police, this
practice has not become uniform and, in
any case, is inadequate to detect torture
or other ill-treatment, particularly
methods which do not leave physical
marks and psychological torture or
ill-treatment
Judges do not systematically test the
voluntary nature of a confession and
many confessions extracted under duress
A/HRC/10/44/Add.5
page 69
(h) Judges and
prosecutors routinely
ask persons brought
from police custody how
they have been treated
and, even in the absence
of a formal complaint
from the defendant,
order an independent
medical examination
Steps taken in previous years
(See A/HRC/4/33/Add.2 and
A/HRC/7/3/Add.2)
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