CAT/C/KWT/CO/3
18.
The Committee is also concerned at consistent reports that some pretrial detainees
have not been brought before a judge for more than six months (art. 2).
19.
The State party should ensure that persons who are arrested on criminal
charges are brought before a judge within 48 hours, as provided for in Act No. 3 of
2012 amending article 60 of the Code of Criminal Procedure. Furthermore, it should
consider alternatives to imprisonment, in keeping with the United Nations Standard
Minimum Rules for Non-custodial Measures (the Tokyo Rules). Finally, it should
guarantee in practice that all pretrial detainees are brought before a judge within a
reasonable period of time.
Coerced confessions
20.
The Committee is concerned at consistent reports of a widespread practice by police
officers of extracting confessions under both physical and psychological torture, as well as
ill-treatment in police stations and investigation centres, including the General Department
of Criminal Investigation, the Drug Enforcement Administration and the State Security
Agency, in violation of article 159 of the Criminal Code. It is further concerned that
coerced confessions have been accepted by courts even after medical examinations have
confirmed signs of torture and that courts have refused in practice requests for independent
medical examinations from the alleged victims (art. 15).
21.
The State party should:
(a)
Take immediate and effective measures to guarantee that coerced
confessions are inadmissible in any proceedings, except when invoked against a person
accused of torture;
(b)
Review cases of convictions based solely on confessions, since many of
these may have been based on statements obtained through torture or ill-treatment
and, as appropriate, conduct prompt and impartial investigations and take
appropriate remedial measures;
(c)
Ensure that persons convicted on the basis of coerced confessions that
resulted from torture and ill-treatment are afforded a new and fair trial and adequate
redress;
(d)
Ensure that law enforcement officials, investigators, judges, prosecutors,
lawyers, doctors and any other staff who work with detainees receive training on how
to detect and investigate cases in which confessions are obtained under torture in
accordance with the Manual on the Effective Investigation and Documentation of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the
Istanbul Protocol);
(e)
Ensure that officials who extract such confessions, including persons
liable under the principle of command responsibility, are brought to justice,
prosecuted and punished accordingly;
(f)
Provide the Committee with information on the results of the review to
be made under (b) above and whether any officials have been prosecuted and
punished for extracting such confessions.
Conditions of detention
22.
The Committee is concerned at consistent reports that certain places of deprivation
of liberty, including the so-called “Talha” Centre for Deportation and the Central Prison
Complex near Kuwait City, have poor material conditions, such as inadequate sanitation
and medical care, insufficient ventilation and daylight, a lack of the possibility to exercise
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