E/CN.4/1992/17 page 106 294. In conclusion, the Special Rapporteur wishes to make the following recommendations, many of which can be found in his previous reports: (a) States which have not yet done so, should ratify as soon as possible the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; (b) The judiciary should play an active role in guaranteeing to detainees the rights they have according to international and national standards; (c) Since incommunicado detention is highly conducive to torture practices it should be declared illegal. A person found to be in incommunicado detention should be released without delay; (d) The right to have access to a lawyer is one of the basic rights of a person who is deprived of his liberty. Regular contacts with a lawyer have a torture-preventing effect. Restrictions on the right to see a lawyer should therefore be exceptional, and always be under judicial control; (e) The interrogation of detained persons should only take place at official interrogation centres. All interrogations should be carried out in conformity with Principle 23 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. Evidence obtained from a detained person in non-official interrogation centres should not be admitted as evidence in court, unless confirmed by him during interrogation at official locations. The blindfolding or hooding of detainees during interrogation should be absolutely forbidden; (f) Places of detention should be regularly inspected by independent experts. The institution of a treaty-based system of periodic visits to places of detention would be a highly effective preventive measure against the occurrence of torture and should therefore be seriously considered; (g) Complaints about torture should be dealt with immediately and should be investigated by an independent authority which has no relation to the authority that investigated the offence the detainee was suspected of having committed. In this context the establishment of the post of an ombudsman-type authority or an independent commission on human rights with investigative and/or prosecutory powers may be recommended; (h) Whenever a torture complaint is found to be justified, the victims should be provided with compensation without delay; (i) Whenever a torture complaint is found to be justified, the perpetrators should be severely punished. If the torture is found to have taken place in an official place of detention, the official in charge of this location should be disciplined or punished; (j) Since the Special Rapporteur continues to receive information that members of the medical profession play a role in the practice of torture, he wishes to reiterate his previous recommendation that professional medical associations take strict measures against such persons who have dishonoured their profession;

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents