not been addressed but which are deemed essential to the Committee’s ongoing work, in order to
be effective in taking preventive and protective measures to eliminate torture and ill-treatment.
57. In the correspondence with States parties, the Rapporteur has noted recurring concerns
which are not fully addressed in the follow-up replies. The following list of items is illustrative,
not comprehensive:
(a) The need for greater precision on the means by which police and other personnel
instruct on and guarantee detainees their right to obtain prompt access to an independent doctor,
lawyer and family member;
(b) The importance of specific case examples regarding such access, and implementation
of other follow-up recommendations;
(c) The need for separate, independent and impartial bodies to examine complaints of
abuses of the Convention, because the Committee has repeatedly noted that victims of torture
and ill-treatment are unlikely to turn to the very authorities of the system allegedly responsible
for such acts; and the importance of the protection of persons employed in such bodies;
(d) The value of providing precise information such as lists of prisoners which are good
examples of transparency, but which often reveal a need for more rigorous fact-finding and
monitoring of the treatment of persons facing possible infringement of the Convention;
(e) Numerous ongoing challenges in gathering, aggregating, and analysing police and
administration of justice statistics in ways that ensure adequate information as to personnel,
agencies, or specific facilities responsible for alleged abuses;
(f) The protective value of prompt and impartial investigations into allegations of abuse,
and in particular information about effective parliamentary or national human rights
commissions or ombudspersons as investigators, especially for instances of unannounced
inspections; the utility of permitting non-governmental organizations to conduct prison visits;
and the utility of precautionary measures to protect investigators and official visitors from
harassment or violence impeding their work;
(g) The need for information about specific professional police training programmes,
with clear-cut instructions as to the prohibition against torture and practice in identifying the
sequellae of torture; and for information about the conduct of medical examinations, including
autopsies, by trained medical staff, especially whether they are informed of the need to document
signs of torture including sexual violence and to ensure the preservation of evidence of torture;
(h) The need for evaluations and continuing assessments of whether a risk of torture or
other ill-treatment results from official counter-terrorism measures;
(i) The lacunae in statistics and other information regarding offences, charges and
convictions, including any specific disciplinary sanctions against officers and other relevant
personnel, particularly on newly examined issues under the Convention, such as the intersection
of race and/or ethnicity with ill-treatment and torture, the use of “diplomatic assurances” for
persons being returned to another country to face criminal charges, incidents of sexual violence,
complaints about abuses within the military, etc.
93
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