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;
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