CAT/C/MNE/CO/2
Investigations
14.
The Committee takes note of the work of the Division for Internal Control of the
Police, under the Ministry of the Interior, as well as of article 11 of the Criminal Procedure
Code which prohibits the threatening or the exerting of violence against a suspect or
accused person in order to extract a confession. However, the Committee remains
concerned at consistent reports about (a) physical ill-treatment of detainees and the exertion
of pressure on them by the police at the time of questioning with a view to extracting
confessions or obtaining information and (b) the State party’s failure to investigate
allegations of torture, ill-treatment or excessive use of force by the police and to prosecute
and punish perpetrators. (art. 12)
The State party should:
(a)
Improve criminal investigation methods so as to put an end to practices
whereby confession is relied on as the primary and central element of proof in
criminal prosecution;
(b)
Ensure prompt, impartial and effective investigation into all allegations
of torture, ill-treatment and excessive use of force by the police, and prosecute and
punish those responsible with appropriate penalties. Such investigations should not be
conducted by the police or under the authority of the police but by an independent
body;
(c)
Ensure that persons under investigation acts of torture or ill-treatment
are immediately suspended from their duties and remain so throughout the
investigation.
Individual complaints
15.
The Committee is concerned at the lack of effective measures by the State party to
ensure an effective complaints procedure for victims of torture or ill-treatment and to
provide protection for victims and witnesses from ill-treatment or intimidation as a
consequence of filing a complaint or providing evidence. (arts. 13 and 16)
The State party should establish and promote an effective mechanism for receiving
complaints of torture and ill-treatment, including in custodial facilities. The State
party should guarantee full protection for complainants and witnesses in cases of
torture and ill-treatment.
Training
16.
While noting the detailed information provided by the State party on training
programmes for law enforcement officials, prison staff and judges, the Committee regrets
the paucity of information on (a) specific training regarding the provisions of the
Convention and (b) monitoring and evaluation of the effectiveness of the training
programmes in reducing the incidence of torture and ill-treatment. (arts. 10 and 16)
The State party should continue to intensify its efforts to provide human rights
training programmes for all officials involved in the custody, interrogation or
treatment of any individual subjected to any form of arrest, detention or
imprisonment, with a focus on the State party’s obligations under the Convention. In
particular, the State party should:
(a)
Ensure that all relevant personnel, including medical personnel, receive
specific training on how to identify signs of torture and ill-treatment. To this end, the
Manual on Effective Investigation and Documentation of Torture and Other Cruel,
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