CAT/C/75
page 47
(i)
The fact that medical experts are not independent of the Public Prosecutor’s
Office, and the way in which medical reports are prepared following examinations of detainees.
In actual fact medical experts complete a form that differs from State to State and allows a
description only of the injuries, not of how they were caused.
220. In the light of these considerations, the Committee members consider it appropriate to
make the following recommendations:
(a)
The constitutional guarantee requiring a warrant before an arrest can be made
should be reinforced by revoking the power of the Public Prosecutor’s Office to issue warrants
and ensuring that the only exception is arrest in flagrante delicto, which should be restricted to
cases in which an individual is surprised in the act of committing an offence or immediately after
doing so with the instruments used in the offence in his possession, or is pursued and caught
immediately after committing an offence. Under no circumstances should arrest in flagrante
delicto be possible more than 24 hours after the offence is committed. With regard to urgent
cases, the current regulations should be replaced by an appropriate procedure enabling the Public
Prosecutor’s Office to obtain arrest warrants from the court at any time;
(b)
It should be made an obligation, after any arrest, to report the arrest to a court
authority; and the time limit for producing the detainee in court should be set at 24 hours. The
law should provide that the detainee may be produced on any day and at any time and that the
judicial authorities must be permanently available for that purpose. A system should also be
established for providing the general public with information on arrests made throughout the
country; the information should be accessible in major cities, at least in the Federal District and
in State capitals;
(c)
A judicial procedure should be instituted for the supervision of places of detention
and prisons through frequent, unannounced inspections. Similar supervision should be carried
out independently by the human rights bodies, in addition to any inspections that may be
required in connection with individual situations of which they may have been apprised in any
way or complaints received;
(d)
The law should provide that judges receiving detainees who have been committed
for trial by the Public Prosecutor’s Office shall inquire explicitly about the treatment received
since their arrest and shall ask questions to check whether their statements to the prosecutor were
made freely and without any form of coercion. In all cases, the law should also provide for
detainees to be examined by a doctor who is independent of the police and the Public
Prosecutor’s Office;
(e)
The police should be under a legal obligation to inform all detainees of their
rights at the time of arrest, and in particular of their right to remain silent and to have in
attendance a defence lawyer whom they trust or, if they do not wish or are unable to have one, to
have court-appointed counsel. To that end, detainees should be provided with the means to
communicate the circumstances of their arrest and the place where they are being held to
whomsoever they choose. The law should provide that counsel shall always have the right, from
the moment detention begins, to meet the detainee in private and without witnesses. The State
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