A/HRC/16/52/Add.3
(d)
Pay adequate compensation to all successful complainants who lodged an
individual communication under the First Optional Protocol to the International
Covenant on Civil and Political Rights, in accordance with the final views of the
Human Rights Committee, including to Michael Freemantle;
(e)
Amend domestic penal law to include the crime of torture in full
accordance with article 1 of the Convention against Torture, and to ensure that it is
subject to adequate penalties;
(f)
Ensure prompt and thorough ex officio investigations for all allegations
of ill-treatment or excessive use of police force by an authority that is independent
from the investigation and prosecution. Any officer known to be abusive should be
removed from custody duties. Heads of police stations and detention facilities should
be made aware of their supervisory responsibility. In particular, the allegations
documented in the appendix to the report should be thoroughly investigated and the
perpetrators of torture and ill-treatment brought to justice. The forensic examinations
conducted during the mission should be used as evidence in criminal trials against the
perpetrators;
Safeguards and prevention
(g)
Reduce, as a matter of urgent priority, the period of police custody to a
time limit in line with international standards (maximum 48 hours); after this period,
detainees should be either released or transferred to a remand facility under a
different authority;
(h)
Establish accessible and effective complaints mechanisms in all places of
detention; complaints by detainees should be followed up by independent and
thorough investigations, and complainants must be protected from reprisals;
(i)Ensure that justices of the peace and resident magistrates conduct regular
visits to all police lock-ups;
(j)
Rapidly bring into force the Independent Commission of Investigation,
equipped with sufficient powers and resources to investigate all forms of police
misconduct, including allegations of extrajudicial killings, torture and ill-treatment;
(k)
Break the cycle of violence by addressing the root causes of violent
crime, including, inter alia, drug trade, trade in firearms, links of criminal gangs to
political parties, corruption, poverty and other socio-economic disparities;
Conditions of detention
(l)
Ensure that persons deprived of their liberty are confined in facilities
where the conditions comply with international minimum sanitary and hygienic
standards and that detainees are provided with basic necessities, such as adequate
floor space, bedding, food and health care; convicted prisoners should be provided
with opportunities for work, education, recreation and rehabilitation activities;
(m) Place persons with mental disabilities, and particularly those suffering
from severe mental illnesses, in a specialized psychiatric institution;
(n)
Immediately close down the police lockups at May Pen and Montego Bay
police stations;
18
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