E/CN.4/2001/66/Add.2
page 55
need to take vigorous measures to make such declarations credible and make clear that the
culture of impunity must end. In addition to giving effect to the subsequent recommendations,
these measures should include unannounced visits by them to police stations, pre-trial detention
facilities and penitentiaries known for the prevalence of such treatment. In particular, they
should hold those in charge of places of detention at the time abuses are perpetrated personally
responsible for the abuses. Such responsibility should include, but not be limited to, the practice
obtaining in some localities, according to which the occurrence of abuses during their period of
authority will adversely affect promotion prospects and indeed should involve removal from
office, which removal should not consist merely of transfer to another institution;
(b)
The abuse by the police of the power of arrest without judicial order in flagrante
delicto cases to arrest any suspect should be brought to an immediate end;
(c)
Those legitimately arrested in flagrante delicto should not be held in police
stations beyond the 24-hour period required for obtaining a judicial warrant of temporary
detention. Overcrowding in remand prisons can be no justification for leaving detainees in the
hands of the police (where, in any event, the conditions of overcrowding appear substantially to
exceed those even in some of the most overcrowded prisons);
(d)
Close family members of persons detained should be immediately informed of
their relatives’ detention and be given access to them. Measures should be taken to ensure that
visitors to police lock-ups, provisional detention facilities and prisons are subjected to security
checks that are respectful of their dignity;
(e)
Any person under arrest should be informed of his/her continuing right to consult
privately with a lawyer at any time and to receive independent free legal advice where he/she
cannot afford a private lawyer. No police officer shall at any time dissuade a person in detention
from obtaining legal advice. A statement of detainees’ rights, such as the Law on Penal
Execution (LEP), should be readily available at all places of detention for consultation by
detained persons and members of the public;
(f)
A separate custody record should be opened for any person under arrest, showing
the time and reasons for arrest, the identity of the arresting officers, the time and reasons for any
subsequent transfers, in particular to court or a Forensic Medical Institute, and the time a person
is released from detention or transferred to a remand detention facility. The record or a copy of
the record should accompany a detained person if he or she is transferred to another police
station or a provisional detention facility;
(g)
The judicial provisional detention order should never be implemented in a police
station;
(h)
No statement or confession made by a person deprived of liberty, other than one
made in the presence of a judge or a lawyer, should have probative value in court, except as
evidence against those who are accused of having obtained the confession by unlawful means.
The Government is invited to give urgent consideration to introducing video and audio taping of
proceedings in police interrogation rooms;
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