CAT/C/KWT/CO/3
(b)
Carry out prompt, impartial, thorough and effective investigations into
all allegations of torture and ill-treatment, including the excessive use of force, by
police and security officers, ensure that those suspected of committing such acts are
immediately suspended from their duties for the duration of the investigation and, if
charged and found guilty, are criminally prosecuted;
(c)
Ensure that peaceful demonstrations are not repressed by unnecessary
excessive use of force and even detention.
Reporting acts of torture and witness protection
15.
The Committee is concerned at consistent reports that victims of and witnesses to
torture have been reluctant to report cases out of fear of harassment and reprisals from the
perpetrators and lack of protection and even administrative deportation in the case of
foreign residents. It is also concerned at the reluctance of medical personnel who examine
the victims to indicate findings of torture on their medical certificate for fear of intimidation
or reprisals. It is further concerned that the doctors in the Forensic Division are part of the
General Department of Criminal Evidence, which is under the Ministry of the Interior, and
at their reportedly superficial and summary medical examinations. Finally, it is concerned
that complaints relating to torture and ill-treatment perpetrated by the police and security
forces are considered by the General Department of Monitoring and Inspection, part of the
Ministry of the Interior, which therefore prevents an independent examination of such
complaints (arts. 2, 12–14 and 16).
16.
The State party should:
(a)
Provide comprehensive information to victims of torture and their
families regarding the laws available to them to lodge a complaint, and guarantee
their protection and the protection of witnesses;
(b)
Ensure adequate protection of health professionals documenting torture
and ill-treatment from intimidation, retaliation and other forms of reprisals, including
by ensuring that they are not hierarchically subordinated to the head of the detention
facility or other security organs;
(c)
Ensure that independent health professionals outside the Forensic
Division are able to examine victims promptly and to maintain the confidentiality of
medical records;
(d)
Ensure the independence of the General Department of Criminal
Evidence and the Forensic Division by removing these institutions from supervision
by the Ministry of the Interior;
(e)
Ensure that complaints about torture are made to an independent body
and not to persons who are within the same organization as the alleged perpetrators of
such acts.
Arrest and pretrial detention
17.
The Committee is concerned at information concerning a proposed amendment that
would have been submitted to the National Assembly on 3 July 2016, at the request of the
Minister of the Interior, reversing the amendment made to article 60 of the Code of
Criminal Procedure in Act No. 3 of 2012, which reduced the initial period of arrested
persons in police custody from four days before being brought before a judge to 48 hours. It
is concerned that arrested persons could be held in police custody for up to 10 days upon a
written order of the investigator before being presented before a judge.
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