A/HRC/40/59/Add.2
(l)
Ensure that prisoners are held in establishments that are as close to their
homes or families as possible, and that any transfer, particularly to remote locations, is
carefully monitored by the competent authority.
86.
Regarding prompt, thorough and impartial investigations, the Special
Rapporteur recommends that the executive and judicial authorities:
(a)
Create a unified registration system for acts of institutional violence and
victims of torture and ill-treatment, and ensure that allegations of torture and illtreatment trigger a prompt, thorough and independent investigation to bring those
responsible to justice and provide reparations to the victims;
(b)
Ensure that all investigations of torture and other forms of institutional
violence are conducted by investigators who are fully independent from the ministry or
authority responsible for the person or entity under investigation;
(c)
Ensure accessible, fully independent, proactive, expedient and effective
complaint, oversight and investigative mechanisms for the prevention, investigation and
prosecution of corrupt practices by officials from all relevant branches and services of
government and the judiciary that may negatively impact on the impartiality,
independence and proper functioning of investigative and judicial authorities and their
institutions;
(d)
Implement systematic training programmes on the Istanbul Protocol for
all health professionals who may be called to examine persons deprived of their liberty,
as well as for all lawyers, prosecutors and judges who may be involved in relevant
judicial cases, so as to strengthen their understanding of the potential and limitations
of medical examinations in the identification and documentation of signs of torture and
other forms of ill-treatment;
(e)
Allocate the required resources to ensure the timely processing and
adjudication of the remaining cases and trials for crimes against humanity committed
under the military dictatorship so as to prevent any form of impunity and provide, to
the greatest extent possible, full redress and rehabilitation to the victims.
87.
Regarding juveniles deprived of their liberty, the Special Rapporteur
recommends that the relevant authorities:
(a)
Repeal any regulations authorizing the transfer of juvenile offenders to
places of detention for adults, avoid such transfers when juvenile offenders reach
adulthood in detention and, more generally, avoid any confinement of juvenile
offenders in juvenile detention centres or any other form of deprivation of liberty,
unless as a measure of last resort;
(b)
In addressing the challenges posed by juvenile offenders, urgently
introduce and/or strengthen alternatives to the deprivation of liberty that focus on
education and reintegration, in line with the best interests of the child;
(c)
Ensure that all juveniles deprived of their liberty benefit from regular
family contact, access to full schooling and opportunities for reintegration, in full
compliance with the United Nations Rules for the Protection of Juveniles Deprived of
their Liberty and the United Nations Standard Minimum Rules for the Administration
of Juvenile Justice;
(d)
Ensure the employment of professional staff specifically trained for the
provision of education, vocational training and meaningful activities to juveniles
deprived of their liberty;
(e)
Ensure accessible, fully independent, proactive, expedient and effective
complaint, oversight and investigative mechanisms for the prevention, investigation and
prosecution of any form of abuse inflicted on children and adolescents deprived of their
liberty or otherwise accommodated in institutionalized settings, ensuring the
confidentiality of the complainant and his or her family, and their protection from
reprisals;
18
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