CAT/OP/MNG/1
scrutiny or censorship, to independent, impartial and effective bodies with the power
to investigate and trigger appropriate protective and remedial action.
32.
The Subcommittee further recommends that the State party ensure that those
submitting such complaints are not subjected to any form of sanction, including
physical, disciplinary or administrative reprisals.
IV. Torture and ill-treatment
A.
Police
33.
The Subcommittee received allegations from numerous sources of instances of
torture and ill-treatment being inflicted during the initial phase of arrest and investigation
by police, especially in remote and in small police stations. The credibility of some of those
allegations were supported by the Subcommittee’s own observations during their visits to
certain places of detention.
34.
The purpose of such ill-treatment appears to include, among other things, obtaining
confessions and locating items of evidence, and includes beatings and, less frequently, the
use of electroshocks. Forms of improper psychological pressure, which can amount to
forms of torture or ill-treatment, are also used during initial interrogations, including threats
to be sent to other police stations for the purposes of ill-treatment, threats against family
members or making access to family members conditional upon a detainee confessing or
providing other information.
35.
Although most of the police stations visited now have rooms equipped with closedcircuit television (CCTV) or video- and audio-recording equipment, it is evident that initial
questioning, during which ill-treatment is most likely to occur, tends to take place in the
administrative offices of the police interrogators. The Subcommittee, recalling the
recommendations of the Committee against Torture (CAT/C/MNG/CO/2, para. 16 (c)),
considers that the failure to use the properly equipped interrogation rooms for all
questioning of suspects significantly increases the risk of ill-treatment.
B.
Pretrial detention
36. The Subcommittee received allegations of ill-treatment in pretrial detention facilities,
including beatings with batons and with belts occurring in secluded areas of the pretrial
detention facility, such as in pretrial detention facility No. 461 or the pretrial detention
facility in Tuv, which are not covered by CCTV equipment, or at times when the detainee
may be temporarily outside the detention facility.
C.
Prisons
37.
The Subcommittee did not receive any allegations from detainees of direct physical
or psychological ill-treatment in the prisons it visited.
38.
The Subcommittee recommends that:
(a)
Training programmes for police, investigators and prison staff
emphasize the absolute prohibition of torture and ill-treatment;
(b)
Police, investigators and prison staff be made aware that those
responsible for the infliction of any acts of torture, including psychological torture in
the form of threats, and complicity or participation in acts of torture, will be punished,
with penalties which reflect the grave nature of such acts;
(c)
The confession-based approach to investigation and prosecution be
replaced by an evidence-based approach;
8