A/HRC/40/59/Add.2
(c)
Ensure that police records are systematic, accurate and reliable regarding
the moment of apprehension, the time of transfer and the precise duration of police
custody;
(d)
Ensure that fundamental safeguards including, inter alia, prompt access
to legal counsel and independent medical examination, notification of custody and
contact with the outside world are guaranteed and applied in practice to all persons
deprived of their liberty, regardless of the reason for or the place of detention;
(e)
Ensure that confessions, testimonies and other information that may have
been obtained through torture or other ill-treatment cannot be used as evidence in any
judicial, administrative or other proceeding;
(f)
Provide the regulations, instructions and training required to ensure the
transition from an unreliable, confessions-based interrogation system to a modern
forensic, non-coercive investigation methodology aimed at accurately and reliably
establishing the facts;
(g)
Ensure accessible, fully independent, proactive, expedient and effective
complaint, oversight and investigative mechanisms for the prevention, investigation and
prosecution of abuse not only by police and prison staff, but also by officials from all
relevant branches and services of government;
(h)
Ensure systematic medical examinations by independent medical
personnel trained in the effective investigation, interpretation and documentation of the
signs of physical and psychological torture and other forms of ill-treatment based on
the Istanbul Protocol; in particular, ensure that photographic documentation of trauma
injuries becomes routine practice, including by making available appropriate
equipment in all medical services;
(i)
Ensure adequate training of all law enforcement, health and legal
professionals involved with persons deprived of their liberty in the forensic assessment,
interpretation and documentation of the signs of torture and other ill-treatment, in
accordance with the Istanbul Protocol and the Minnesota Protocol on the Investigation
of Potentially Unlawful Death (2016);
(j)
Ensure the full institutional, political and financial independence,
impartiality and professionalism of the national preventive mechanism, implement its
mandate effectively and in full compliance with the principles relating to the status of
national institutions for the promotion and protection of human rights (the Paris
Principles) and establish local preventive mechanisms in all provinces without further
delay;
(k)
Ensure that all detention monitoring bodies, whether officially mandated
or operating as part of civil society, have free and unhindered access to places of
deprivation of liberty and can carry out their monitoring independently and without
any undue interference;
(l)
Appoint the federal Ombudsman without delay so as to enable the Office
of the Ombudsperson of the Nation to exercise the full range of its functions in terms of
the promotion and protection of human rights, including the prevention of torture and
ill-treatment;
(m) Ensure that the Office of the Ombudsman for the Prison System is
systematically informed of all places where persons are deprived of their liberty and
receives unrestricted access not only to federal institutions but also to provincial
detention facilities where federal prisoners are held;
(n)
Provide additional training and instructions to prosecutors and judges on
the preferential application of alternatives to detention in order to ensure that detention
becomes a measure of last resort;
(o)
Refrain from introducing new legislation extending the use of detention to
additional categories of persons or offences that do not imperatively require deprivation
of liberty;
16
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