E/CN.4/1990/17/Add.l
page 12
reports: everyone should be aware of the fact that respect for civil and
political rights depends not only on political will - indispensable as that
may be - but often also requires costly investments. It is in particular with
regard to this second element that international solidarity can play a
decisive role.
51. The phenomenon of torture has considerably decreased in Zaire.
Satisfactory as this may be, no government should be content with that
statement of fact. It is as important to strengthen the structure which may
prevent its recurrence. It is a well-known fact that illegal or arbitrary
arrests and detentions may easily lead to situations where torture is likely
to be practised. It is therefore only logical that the DDLC has made the
extinction of such illegal arrests one of its main objectives. The following
recommendations should be seen in that context:
(a) The procedure for the ratification of the United Nations Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
should be completed at the earliest possible date;
(b) The training of law-enforcement personnel on human rights issues
should get high priority;
(c) The provisions of the law with regard to arrest or deprivation of
liberty should be strictly complied with. The Public Prosecutor's office
should in each case carefully scrutinize the conditions under which the arrest
is made and the grounds on which it is made. No person should be remanded in
custody until he is seen by the competent judge;
(d) As long as administrative detention is still practised, it should
only be applied under independent judicial control by the Supreme Court;
(e) The Code of Criminal Procedure should be amended to give a detained
person the right to bring proceedings before a court in order to have the
lawfulness of his detention decided upon without delay;
(f) All officials who have not complied with the legal provisions for
arrest or detention should be either disciplined or prosecuted, without delay;
if they have abused their authority by seriously violating basic human rights,
including torture, they should be severely punished;
(g) Special detention centres under the supervision of the Judicial
Council should be established for people who are accused of having committed
crimes against the security of the State or the armed forces;
(h) Only evidence obtained under interrogation in such detention centres
should be admitted in court;
(i) All possible efforts should be made to provide the local offices of
the DDLC with the equipment necessary for the effective exercise of their
tasks;
(j) The competences of the officials of the DDLC to take corrective
measures in cases of abuse of authority by law-enforcement personnel against
individuals should be strengthened.
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