CAT/C/54/2 reprisals against judges and other officials who may grant alternative measures to pretrial detention. States parties, NPMs and other national actors must ensure that no one suffers reprisals as a result of granting or being granted an alternative to pretrial detention. That will require not only mechanisms to be put in place to protect individuals who may be affected but also broader awareness-raising initiatives to explain alternatives to pretrial detention. 90. Furthermore, some detainees spend longer in pretrial detention than the prescribed maximum sentence for the alleged crime. Such persons should be identified and released. Effective oversight mechanisms and case management procedures should be in place to prevent that situation. The Subcommittee also notes that outdated offences within national legislation can contribute to excessive numbers of individuals being held in pretrial detention and can be discriminatory, disproportionately affecting the most disadvantaged and marginalized in society. Repealing outdated offences can therefore be an effective way of reducing pretrial detention with minimal cost, and the Subcommittee will work with States parties, NPMs and other stakeholders to review national legislation in order to identify any outdated offences to be repealed. 91. The right of detainees to have access to a lawyer at the outset of detention is vital to safeguard against torture and other ill-treatment and ensure respect for fair trial rights. However, in many States parties there are insufficient numbers of practising lawyers, and access to a lawyer can be difficult for many persons deprived of their liberty in the criminal justice context. In its preventive approach to pretrial detention the Subcommittee takes note of the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, which, in paragraph 9, assert that the first providers of legal aid are lawyers, but recognize that a wide range of stakeholders can also be involved as legal aid service providers, such as NGOs, community-based organizations, religious and non-religious charitable organizations, professional bodies and associations and academia. As well as being a fundamental safeguard against torture and other ill-treatment, access to a lawyer is important during periods of pretrial detention in order to prepare for trial and ensure fair trial rights. In some States there are limited or no facilities within places of pretrial detention for detainees to meet confidentially with a lawyer. The Subcommittee and NPMs have an important role to play in checking that the necessary measures and facilities are in place to guarantee access to a lawyer for pretrial detainees. 92. Judges, magistrates, prosecutors and other judicial officers also have a role to play in ensuring that persons deprived of their liberty are not subjected to torture and other illtreatment. They should be vigilant to the risk of torture and other ill-treatment and use the full extent of their powers to ensure that national and international law is adhered to at all stages of deprivation of liberty. Those who have a visiting mandate should conduct visits not only to places where convicted detainees are held but also to places where there are or may be pretrial detainees. States should ensure that all judicial officers, prosecutors and law enforcement officials are trained effectively in international human rights law and in particular on the use of non-custodial measures, human rights compliant interrogation techniques and the effective investigation of torture and other ill-treatment. Where a person alleges or there is reason to suspect that torture or other ill-treatment has occurred, an investigation must be carried out in line with the Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 93. The right to have access to medical services at all times during deprivation of liberty ensures respect for the right to the highest attainable standard of health and is a crucial safeguard against torture and other ill-treatment. A range of factors can exacerbate poor health conditions during pretrial detention. In some States places of pretrial detention are 19

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