The State party should reinforce its training programmes for all law enforcement personnel on the
absolute prohibition of torture and other ill-treatment, as well as for prosecutors and judges on the
State party’s obligations under the Convention. This should include the inadmissibility of confessions
and statements obtain as a result of torture.
The State party should also ensure adequate training for all medical personnel involved with detainees
to detect signs of torture and other ill-treatment in accordance with international standards, such as
outlined in the Istanbul Protocol.
Complaints, investigations and appropriate sentencing
(15) The Committee notes the supervision activities of prisons by the Ministry of Justice, of arrest houses by the
Police Board, of psychiatric institutions by the Health Board and of the Illuka Reception Centre for Asylum-Seekers
by the Ministry of Social Affairs and the Defence Forces. The Committee is nevertheless concerned about the
inadequate complaint mechanism existing for all places where persons are deprived of liberty and about insufficient
oversight and monitoring of such places, as well as the small numbers of perpetrators of acts of torture or cruel,
inhuman or degrading treatment or punishment convicted with appropriate sentences for the grave nature of the acts
committed (arts. 12 and 13).
The State party should ensure that complaint mechanisms exist in all places where persons are
deprived of liberty and that the oversight and monitoring of such places is adequate.
The State party should promptly, thoroughly and impartially investigate all allegations of acts of
torture or other cruel, inhuman or degrading treatment or punishment, bring the responsible to justice
and punish those convicted with sentences proportional to the gravity of their offence.
Inter-prisoner violence
(16) The Committee is concerned about inter-prisoner violence, especially with regard to the incidents that
occurred in Murru prison in 2006 where two prisoners were killed, as well as with the insufficient measures taken to
prevent and investigate such violence (arts. 12 and 13).
The State party should promptly, thoroughly and impartially investigate all deaths in detention and all
violence amongst prisoners, including any cases involving possible negligence on the part of law
enforcement personnel, and bring the responsible to justice, in order to fulfil its obligations under
article 12 of the Convention.
Code of Criminal Procedure
(17) The Committee is concerned at the fact that, under the Code of Criminal Procedure, the court does not have
the right to continue proceedings at its own discretion if prosecution drops charges (paragraph 64 of the State party
report), and that prosecution may prolong pretrial detention after the initial period of six months without any
justification (art. 13).
The State party should consider revising its Code of Criminal Procedure in order to regulate the
powers of prosecution vis-à-vis the judiciary as well as to establish an obligation for prosecution to
justify before the court any prolongation of the initial six months pretrial detention period.
Compensation and rehabilitation for victims
(18) While welcoming the increase in compensation to victims of certain crimes, the Committee remains
concerned about the apparent absence of compensation for victims of torture and other cruel, inhuman or degrading
treatment or punishment, as well as with the lack of appropriate measures for the rehabilitation of victims of torture,
ill-treatment, trafficking, and domestic and sexual violence (art. 14).
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