A/65/273
generally considered to be relatively safe and affluent, for example EU member
States. In this regard, the Special Rapporteur notes with concern the upcoming
phasing-out of EU support for centres located within its area and the simultaneous
failure of European Governments to step up their support for their own domestic
institutions. Rehabilitation centres within the EU assume a crucial role in providing
services to thousands of individuals who have had to flee their home countries and
seek refuge after experiencing war, persecution and torture. While these survivors
may have succeeded in escaping from imminent persecution and from their
torturers, their experiences are still very much present and continue to haunt them.
Often alone in a foreign country, confronted with xenophobic resentment, general
suspicion that there is abuse of the asylum system, and concerns about the outcome
of protracted and increasingly restrictive asylum procedures, survivors of torture
find themselves in an environment which is far from conducive to a process of
healing. The availability in those States of well-functioning rehabilitation centres
where many refugees can open up and receive medical treatment for the first time is
essential and their value cannot be overestimated. The Special Rapporteur calls for a
change of the perception prevalent in many Western countries that torture is a distant
issue. Many Europeans would be surprised to learn that their immigrant neighbour is
in fact one of many survivors of torture who have found refuge in their country.
74. In addition to their therapeutic role, rehabilitation centres in third countries
provide medical records which may also be important when it comes to holding
foreign perpetrators accountable, for example through universal jurisdiction
proceedings. Furthermore, they fulfil an important role in the development of
capacity and the dissemination of state of the art methods of treatment, for example
through the training of domestic health professionals or other staff from centres in
less affluent countries.
V. Role of national preventive mechanisms
75. The ultimate aim must be to prevent acts of torture and ill-treatment before
they occur. There are numerous methods of prevention that have been developed in
the past, which, if adequately implemented by States, could easily eradicate torture:
abolition of secret and incommunicado detention; proper registration of every
detainee from the moment of arrest or apprehension; prompt access to legal counsel
within 24 hours; access to relatives; prompt access to an independent judge;
presumption of innocence; prompt and independent medical examination of all
detainees; video/audio recording of all interrogations; no detention under the control
of the interrogators or investigators for more than 48 hours; prompt, impartial and
effective investigation of all allegations or suspicions of torture; inadmissibility of
evidence obtained under torture; and effective training of all officials involved in
the custody, interrogation and medical care of detainees. As previously emphasized
by the Special Rapporteur and his predecessors, the most effective preventive
measure against torture and ill-treatment is the regular inspection of places of
detention. Regular inspections can ensure the adequate implementation of the
above-mentioned safeguards against torture, create a strong deterrent effect and
provide a means to generate timely and adequate responses to allegations of torture
and ill-treatment by law enforcement officials.
76. Many countries already have national mechanisms in place for the inspection
of places of detention, such as visiting judges and prosecutors, inspection boards
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