A/66/44
As a matter of urgency, the State party should take immediate and effective measures
to prevent acts of torture and ill-treatment, including sexual violence in detention,
throughout the country, including through the announcement of a policy that would
produce measurable results in the eradication of torture and ill-treatment by State
officials, and through monitoring and/or recording of police interrogation sessions.
The State party should also ensure that all allegations of torture and ill-treatment,
including sexual violence in detention, are investigated promptly, effectively and
impartially, and that the perpetrators are prosecuted and convicted in accordance
with the gravity of the acts, as required by article 4 of the Convention. The State party
should enact a sentencing scheme governing convictions of torture and ill-treatment
by government officials to ensure that adequate sentences are given to those who are
found guilty of such acts.
The State party should ensure that its domestic legislation includes a provision
expressly prohibiting the invocation of exceptional circumstances as a justification of
torture.
Complaints and prompt, impartial and effective investigations
(16) The Committee expresses its concern at reports that torture and ill-treatment by law
enforcement and prison officials are widespread, that few investigations are carried out in
such cases and that there are very few convictions. The Committee is also concerned at the
absence of an independent civilian oversight body with the power to receive and investigate
complaints of torture and ill-treatment by police and other law enforcement officials. The
Committee regrets the lack of detailed information provided by the State party, including
statistics, on the number of complaints of torture and ill-treatment and results of all the
proceedings, both at the penal and disciplinary levels, and their outcomes. Furthermore, the
Committee is concerned at the lack of effective mechanisms to ensure the protection of
victims and witnesses (arts. 1, 2, 4, 12, 13 and 16).
The State party should strengthen its measures to ensure prompt, impartial and
effective investigations into all allegations of torture and ill-treatment of convicted
prisoners and detainees, including in police stations, and to bring to justice law
enforcement and prison officials who carried out, ordered or acquiesced in such
practices. The State party should establish an independent law enforcement complaint
mechanism and ensure that investigations into complaints of torture and ill-treatment
by law enforcement officials are undertaken by an independent civilian oversight
body. In connection with prima facie cases of torture and ill-treatment, the alleged
suspect should as a rule be subject to suspension or reassignment during the process
of investigation, to avoid any risk that he or she might impede the investigation or
continue any reported impermissible actions in breach of the Convention.
Furthermore, the State party should establish a programme of victim and witness
protection to assist in ensuring confidentiality and to protect those who come forward
to report or complain about acts of torture, as well as ensure that sufficient funding be
allocated for its effective functioning.
Prolonged pretrial detention
(17) The Committee notes with concern that the State party’s criminal justice system
continues to rely on imprisonment as the default option for defendants awaiting trial and it
remains concerned about the unwarranted protraction of the pretrial detention period during
which detainees are likely to be subjected to torture and other ill-treatment (arts. 2 and 11).
The State party should adopt effective measures to ensure that its pretrial detention
policy meets international standards and that it is only used as an exceptional measure
for a limited period of time, in accordance with the requirements under the
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GE.11-45568
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