mobile phone, not a landline. This was corroborated by the police. The delegation members heard testimony from a
person whose brother had been detained but he had not learned of his brother’s situation until much later. This person
informed the members of the delegation that his brother had been subjected to torture and cruel treatment, with serious
physical consequences. The Subcommittee recommends that the right to notify friends or family members of detention be
included in the text setting out the rights of persons deprived of their liberty and that they be informed of that right and
be asked to sign a form indicating the person they wish to have notified of their detention. The Subcommittee believes
that police personnel should receive training in how to inform detainees of their rights and how to comply with that right
by notifying the indicated person.
(e)Right to counsel as a safeguard against torture and ill-treatment
126.The Subcommittee considers access to a lawyer an important safeguard against the risk of torture and cruel, inhuman or
degrading treatment. Access to counsel is a broad concept that goes beyond the provision of legal assistance exclusively for defence
purposes. The presence of a lawyer may deter officials who might otherwise try to obtain information from detainees through
coercion, threats or some type of abuse. Similarly, the presence of an attorney during police questioning may afford protection to the
police officers themselves against possible unfounded allegations of ill-treatment. Detainees are entitled to assistance of counsel, and
the competent authority must inform them of this right promptly after their arrest and provide the means for exercising it. The
Subcommittee wishes to remind the State party that persons who are detained have the right to consult an attorney in private from the
outset of their detention and that, in the event that they have been victims of torture or ill-treatment, access to defence will facilitate the
necessary mechanisms for reporting those acts.
127.The more a detainee is isolated from contact with the outside world, the greater the risk of torture and ill-treatment. The right to
consult an attorney is an important means of preventing such situations, as well as a safeguard of due process.
128.The delegation received extensive information from a variety of sources and interviews which showed that many
public defenders, particularly at the local level, were not providing a technically adequate defence in the first 48 hours of
detention; indeed, sometimes the public defenders were not even present when the prosecutor took statements from
accused persons, although they later signed the statements as if they had been present. Members of the delegation
noted that in such situations there is no defence per se. The Subcommittee emphasizes that all persons deprived of their
liberty should enjoy access to a lawyer from the outset of detention. In order to avoid situations that create a risk of
torture or ill-treatment, the Subcommittee considers it essential for the State to ensure the presence of a lawyer or public
defender in cases in which detainees cannot afford to pay for legal counsel.
129. The Subcommittee recommends that the State take the necessary steps to ensure that a sufficient number of public
defenders are available 24 hours a day to provide effective and timely legal assistance for people who require it, from
the moment they are arrested and before they are taken into custody by the Office of the Public Prosecutor.
(f)Medical examinations
130.Medical examination and an accurate record of injuries suffered by people who are deprived of their liberty constitute an
important safeguard for the prevention of torture and ill-treatment.
131.The Subcommittee is of the view that if detainees are mistreated by police, they will understandably be afraid to tell anyone about
the ill-treatment while they are in custody. The State party should offer all detained persons a proper medical examination as soon as
possible after they enter a place of detention. If a detained person decides to file a complaint of torture or ill-treatment, they should
have the opportunity to see a doctor because consultations with doctors generally take place in private, and if someone has suffered
injuries, a doctor will be best able to examine that person and issue an opinion as to whether or not such injuries do, in fact, exist. The
Subcommittee believes that ensuring that persons deprived of their liberty are examined by a physician in private, without the
presence of members of the police force, could deter officials from engaging in acts of torture or ill-treatment.
132.The Subcommittee believes that providing access to a doctor serves both as a safeguard against ill-treatment and as a means of
responding immediately to any health problem or illness that a person deprived of liberty may be suffering. The police should ensure
that all detainees undergo a medical examination at the time they enter detention, and detainees should have access to a doctor
whenever needed. If a physician is not available at that time, the detainee should be examined by a nurse initially and then be reexamined by a physician as soon as possible.
133.The Subcommittee also recommends that medical examinations be conducted in accordance with the principle of doctor-patient
confidentiality: no one other than medical personnel and the patient should be present during the examination. In exceptional cases, if
the doctor considers that a detained person poses a danger, special security measures, such as the presence of a police officer
nearby, can be taken. Except in such situations, police officers should not be within hearing or sight of the place where the medical
exam is performed.
134.The delegation noted that medical examinations were not being performed routinely at all police stations. Moreover, when they
were performed, they were not always carried out without the presence of an officer. Such circumstances should be noted in the
medical report. Members of the delegation also observed that the medical examination form did not contain a space for reporting
evidence of violence or establishing a record of the detainee’s treatment by the police, nor was there a space for evaluating the origin
and age of injuries or the degree of consistency between a history of violence, health status and clinical findings. The Subcommittee
believes that the form used in the State party for medical examination should be amended to remedy these shortcomings.
135.The delegation observed that in some of the places visited, medical examinations were very cursory. For example, in the Office
of the Attorney-General of Nuevo León, one of the doctors in the delegation observed that recently arrived detainees were given a
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents