Furthermore, the Committee also considers that States must implement a
system of impartial supervision of penitentiary establishments to ensure the
effective application of rules regarding the treatment of persons deprived of
their liberty.109 The HRC has given limited guidance on what form such monitoring should take, but in its 2004 Concluding Observations on Namibia, it
found that, while magistrates were mandated to carry out independent inspections of detention centres, there was a need to establish “an additional external
and independent body entrusted with the functions of visiting the centres and
receiving and investigating complaints emanating from such centres... A strong
and independent mechanism is also required for the investigation of allegations of
acts of police brutality in general.”110 In Alzery v Sweden, the HRC made reference to “key aspects of international good practice” in detention monitoring,
including “private access to the detainee and inclusion of appropriate medical
and forensic expertise.”111 Non-conformity with these elements contributed to
the finding of a violation in that case. It is thus clear that the basic duty to
establish an independent body mandated to monitor detention facilities arises
not only under the Optional Protocol to the UNCAT, but also under both the
UNCAT itself and the ICCPR.
1
UN TREATY BODIES
Personnel, particularly Physicians, in the Protection of Prisoners and Detainees
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1982).”108 These detailed rules and principles provide, among other
things, that detailed registers be kept in all places of detention, that detainees
should have adequate access to the outside world, legal advice and medical
care, and that law enforcement officials may use force only when strictly necessary and only to the extent required for the performance of their duty.
1.2.6 Duty to grant redress and compensate victims
Both the UNCAT and the ICCPR impose an obligation on States Parties to
grant redress and provide adequate compensation to victims of torture or illtreatment.
HRC, General Comment No. 21, 1992, §5
Ibid. §6.
110
HRC, Concluding Observations on Namibia, UN Doc. CCPR/CO/81/NAM, 2004, §14.
111
Alzery v Sweden (2006), op. cit., §11.5.
108
109
27
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