CAT/OP/CYP/1
long periods in police detention while on remand. In addition to being inappropriate, that
situation is made worse by the physical conditions of such facilities, which are unsuited for
extended stays, and, in particular, by the lack of recreational activities. The Subcommittee
is also concerned about the seemingly near-automatic renewal of court orders extending
periods of detention on remand. The Subcommittee believes that the periods of detention on
remand are too often prolonged.
19.
The Subcommittee recommends that the State party review its laws and
practices to reduce the length of pretrial detention and reminds the State party that
police stations should not be used as places of detention for extended periods of time,
as set out in the United Nations Standard Minimum Rules for Non-custodial Measures
(the Tokyo Rules). Should it be necessary to use police facilities for short periods,
appropriate arrangements should be made for adequate out-of-cell time and
recreational activities. In all instances of lengthy periods of pretrial detention, which
should not be served in police facilities, the Subcommittee recommends that detainees
be kept in remand centres providing appropriate social and recreational services and
out-of-cell activities.
20.
During its visit, the Subcommittee observed that individual detainee files and
registers were not kept using a standardized file management system and that parts of the
registers were computerized while others were in written form, which made it very difficult
to trace the history and status of detainees within the system. The Subcommittee also
observed that, in several cases, medical information was kept in general files instead of in
separate, confidential files. The Subcommittee recalls that the maintenance of complete and
reliable records of persons deprived of their liberty is one of the fundamental safeguards
against torture and ill-treatment, and is an essential condition for the effective exercise of
due process guarantees, such as the right of detainees to be promptly brought before a judge
and the right to challenge the legality of detention. The Subcommittee is concerned that,
although most of the required details are recorded, there is a lack of uniformity, with
practices varying greatly among police stations.
21.
The Subcommittee recommends that the State party ensure that its registration
and filing systems concerning detainees is standardized and that medical information
is kept separately and in a confidential place. Information related to a particular
person in detention should be traceable and include:
(a)
The exact date and time of apprehension;
(b)
The exact time of arrival at the facility;
(c)
The reasons for the arrest;
(d)
The authority ordering the arrest;
(e)
The identity of the arresting officer or officers;
(f)
The date and time of and the reasons for a detainee’s transfer or release;
(g)
The precise information about where the person was held during the
whole period of detention (e.g. cell number);
(h)
The date, time and identity of the person notified of the detention,
including the signature of the officer who processed the notification;
(i)
The date and time of a family visit;
(j)
The date and time of the request for a meeting with a lawyer and the
date and time of that meeting;
(k)
The date and time of the request for a visit of a health professional and
the date and time of that visit;
(l)
The date and time of the detained person’s first appearance before a
judicial or other authority.
22.
Police and custodial officers should be properly trained in the maintenance of
registers and should enter the information promptly, from the moment of arrival of
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