D. Recommendations
84.
The Committee recommends that the State party:
(a)
Amend the Criminal Code in order to adopt a definition of torture that
covers all the elements contained in article 1 of the Convention;
(b)
Ensure strict application of the provisions against torture and ill-treatment,
criminalizing acts of torture and prosecuting and punishing perpetrators in a manner
proportionate to the seriousness of the crimes committed;
(c)
Investigate all allegations of ill-treatment and torture by law enforcement
personnel, carrying out prompt and impartial investigations to bring the perpetrators to
justice in order to eliminate the de facto impunity for law enforcement personnel who
commit acts of torture and ill-treatment;
(d)
Improve mechanisms to facilitate the submission of complaints by victims of
ill-treatment and torture to public authorities, including obtaining medical evidence in
support of their allegations;
(e)
Take all appropriate measures to strengthen the independence of the
judiciary and to provide adequate training on the prohibition of torture to judges and
prosecutors;
(f)
Amend domestic legislation to ensure that acts of torture are considered
universal crimes;
(g)
Adopt clear legal provisions prohibiting the use as evidence of any statement
obtained under torture and establishing that orders from a superior may not be invoked as
a justification of torture;
(h)
Implement the established legal mechanisms enabling victims of torture to
obtain redress and fair and adequate compensation;
(i)
Implement the fundamental legal safeguards for persons detained by the
police, guaranteeing their rights to inform a relative, to have access to a lawyer and a
doctor of their own choice and to be provided with information about their rights and, for
juveniles, to have their legal guardians present during interrogation;
(j)
Improve conditions in places of detention, ensuring that they conform to
international minimum standards, adopt necessary measures to reduce the pre-trial
detention period and continue to address overcrowding in places of detention;
(k)
Take the necessary measures to abolish the 10-hour administrative detention
period for interrogation prior to the 48-hour period within which a suspect must be
brought before a judge;
38
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