E/CN.4/2003/68
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to ensure that the right to physical and mental integrity of children is well protected in the public
and private spheres. Effective legal, preventive and protective measures should be put in place
to protect women against all kinds of violence, including violence and abuse in the domestic
sphere and in employment;
(d)
The highest authorities should publicly condemn torture in all its forms whenever
it occurs. The highest authorities, in particular those responsible for law enforcement activities,
should make public the fact that those in command of arresting officers or in charge of places of
detention at the time abuses are perpetrated will be held personally responsible for the abuses. In
order to give effect to these recommendations, the authorities should, in particular, make
unannounced visits to police stations, pre-trial detention facilities and penitentiaries known for
the prevalence of such treatment. Public campaigns aimed at informing the population at large,
in particular marginalized and vulnerable segments of society, of their rights with respect to
arrest and detention, notably to lodge complaints regarding treatment received at the hands of
law enforcement officials, should be undertaken;
(e)
Interrogation should take place only at official centres and the maintenance of
secret places of detention should be abolished under law. It should be a punishable offence for
any official to hold a person in a secret and/or unofficial place of detention. Any evidence
obtained from a detainee in an unofficial place of detention and not confirmed by the detainee
during interrogation at official locations should not be admitted as evidence in court. No
statement of confession made by a person deprived of liberty, other than one made in presence of
a judge or a lawyer, should have a probative value in court, except as evidence against those who
are accused of having obtained the confession by unlawful means;
(f)
Regular inspection of places of detention, especially when carried out as part of a
system of periodic visits, constitutes one of the most effective preventive measures against
torture. Independent non-governmental organizations should be authorized to have full access to
all places of detention, including police lock-ups, pre-trial detention centres, security service
premises, administrative detention areas, detention units of medical and psychiatric institutions
and prisons, with a view to monitoring the treatment of persons and their conditions of detention.
When inspection occurs, members of the inspection team should be afforded an opportunity to
speak privately with detainees. The team should also report publicly on its findings. In addition,
official bodies should be set up to carry out inspections, such teams being composed of members
of the judiciary, law enforcement officials, defence lawyers and physicians, as well as
independent experts and other representatives of civil society. Ombudsmen and national or
human rights institutions should be granted access to all places of detention with a view to
monitoring the conditions of detention. When it so requests, the International Committee of the
Red Cross should be granted access to places of detention. Non-governmental organizations and
other monitoring bodies should also be granted access to non-penal State-owned institutions
caring for the elderly, the mentally disabled and orphans as well as to holding centres for aliens,
including asylum-seekers and migrants;
(g)
Torture is most frequently practised during incommunicado detention.
Incommunicado detention should be made illegal, and persons held incommunicado should be
released without delay. Information regarding the time and place of arrest as well as the identity
of the law enforcement officials having carried out the arrest should be scrupulously recorded;
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