the absence of an express complaint, these authorities will be in a position to
take action in good time if there are other indicia (e.g. visible injuries; a person’s
general appearance or demeanour) that ill-treatment might have occurred.
However, in the course of its visits, the CPT frequently meets persons who
allege that they had complained of ill-treatment to prosecutors and/or judges,
but that their interlocutors had shown little interest in the matter, even when
they had displayed injuries on visible parts of the body. The existence of such
a scenario has on occasion been borne out by the CPT’s findings. By way of
example, the Committee recently examined a judicial case file which, in addition to recording allegations of ill-treatment, also took note of various bruises
and swellings on the face, legs and back of the person concerned. Despite
the fact that the information recorded in the file could be said to amount to
prima-facie evidence of ill-treatment, the relevant authorities did not institute
an investigation and were not able to give a plausible explanation for their
inaction.
It is also not uncommon for persons to allege that they had been frightened
to complain about ill-treatment, because of the presence at the hearing with
the prosecutor or judge of the very same law enforcement officials who had
interrogated them, or that they had been expressly discouraged from doing
so, on the grounds that it would not be in their best interests.
It is imperative that prosecutorial and judicial authorities take resolute action
when any information indicative of ill-treatment emerges. Similarly, they must
conduct the proceedings in such a way that the persons concerned have a
real opportunity to make a statement about the manner in which they have
been treated.
29. Adequately assessing allegations of ill-treatment will often be a far from
straightforward matter. Certain types of ill-treatment (such as asphyxiation or
electric shocks) do not leave obvious marks, or will not, if carried out with a
degree of proficiency. Similarly, making persons stand, kneel or crouch in an
uncomfortable position for hours on end, or depriving them of sleep, is unlikely
to leave clearly identifiable traces. Even blows to the body may leave only slight
physical marks, difficult to observe and quick to fade. Consequently, when
allegations of such forms of ill-treatment come to the notice of prosecutorial
or judicial authorities, they should be especially careful not to accord undue
importance to the absence of physical marks. The same applies a fortiori when
the ill-treatment alleged is predominantly of a psychological nature (sexual
humiliation, threats to the life or physical integrity of the person detained
Appendices ► Page 75
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