CAT/C/CR/32/6
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(c)
Take measures to establish an effective, reliable and independent complaint
system to initiate and undertake prompt and impartial investigations into all allegations of
ill-treatment or torture and to punish those found responsible. The Committee requests
that the State party provide it with statistical data regarding such reported cases and the
results of the investigations, disaggregated by, inter alia, gender, ethnic group,
geographical region and type and location of places of deprivation of liberty where they
occurred;
(d)
Ensure that, in law as well as in practice, all persons deprived of their liberty
are duly registered at the place of custody and guaranteed, and informed of, the rights to
have access to counsel, to contact next of kin and to a doctor. In this respect an
independent free legal aid system for detainees should be established. Strict rules on the
maintenance of medical records for all detained persons should be established and
rigorously adhered to;
(e)
Undertake all necessary measures to address the situation in homes and
hospitals of persons with mental disabilities to ensure that the living conditions, therapy
and rehabilitation provided are not in violation of the requirements of the Convention.
The Committee also urges the State party to ensure that the placement of children in social
care homes is regularly reviewed. It urges the State party to provide monitoring and
reassessment of diagnoses by specialists, with appropriate appeal procedures;
(f)
Ensure that no person is expelled, returned or extradited to a country where
there are substantial grounds for believing that he/she would be in danger of being
subjected to torture and that, in accordance with article 2, paragraph 2, of the Convention,
exceptional circumstances are not invoked as a justification for so doing and to this end,
consider measures to enable monitoring at airports, borders and other points of removal;
(g)
Strengthen its efforts to avoid any act not in conformity with the Convention
regarding admittance of asylum-seekers into the territory and strengthen cooperation
between the State Agency for Refugees and the Ministry of the Interior;
(h)
Ensure that all persons who have been victims of a violation of their rights
under the Convention have access, in law as well as in practice, to the means of obtaining
redress, including an enforceable right to fair and adequate compensation;
(i)
Take measures to improve the conditions in detention facilities, in particular
the investigative detention facilities, with a view to closing the remaining five facilities that
are underground, and ensure that all detention facilities provide at least minimal outdoor
exercise for detainees;
(j)
Ensure close monitoring of inter-prisoner and other violence, including
sexual violence, in detention facilities and social care homes, with a view to preventing it.
The State party is requested to provide disaggregated data on this problem in the next
periodic report;
(k)
Review the regime of detainees serving life sentences, including those serving
life sentence without possibility of parole.