A/HRC/13/39/Add.5
punishment for a crime which is generally considered to be one of the worst abuses a
human being can inflict on another.
(b)
Lack of procedural safeguards
81.
Individuals suspected of having committed a crime are at a particularly high risk of
being tortured during the very early stages of custody. In this regard, procedural safeguards
were developed in order to counter this risk, and their implementation is the linchpin efforts
to eradicate torture into practice.
(i)
Notification and registration of arrest
82.
One of the most basic safeguards but nonetheless a crucial measure to prevent
torture is the notification and adequate registration of any arrest and detention. All persons
who are arrested are entitled to have their family members or other close persons promptly
notified of the deprivation of liberty and their whereabouts.48 Delays of notification may be
permissible when exceptional circumstances of a criminal investigation do require;
however, the communication of detainees with their counsel or family, shall under no
circumstances be denied for more than a matter of days.49 Furthermore, the authorities are
obliged to inform about the reasons and any charges against the person held at the time of
arrest.50
83.
Authorities have to duly record the time of the arrest and when the arrested person is
taken to a place of custody.51 The European Committee for the Prevention of Torture’s
(CPT) call for a single and comprehensive custody record for each individual detainee,
covering all aspects of a person’s custody, particularly including the exact time of the
deprivation of liberty, when detainees are informed of their rights, any signs of injury or
mental illnesses, the time of interrogation and provision of food, deserves full support. In
addition, such records should be made accessible to the detainee’s lawyer.52
84.
The rationale behind the notification and proper recording of arrest and custody is
that the open knowledge about the arrest and the place of detention already provides some
protection against abuse. By way of notification, it is established that the person is under
the authority of the State, which assumes the duty to care for the detainee. Unaccounted
places of detention are impermissible. Diligent and un-modifiable records are a crucial
contribution to establish a chain of events in cases of abuse and are essential to establish
accountability.
85.
While in almost all places of detention I have visited at least some records were
available, most of them lacked important details or were generally incomplete. In several
instances I found detainees in cells which were not documented in the register. The usual
explanation I received was that the person had just recently arrived and that the paperwork
would still have to be done. This excuse was in most cases difficult to maintain given that
the detainees concerned reported to me that they had been detained for several days. On the
other hand, I detected persons who were entered in the register but not present in the cell.
This of course raises the strong suspicion that detainees were taken away in order to hide
them. The usual explanation provided was that the individuals in question were away for
further questioning at the criminal investigation department or had an appointment at court.
48
49
50
51
52
A/RES/43/173, Principle 16(1).
Ibid., Principles 15 and 16(4)
ICCPR, article 9.
A/RES/43/173, Principle 12.
CPT, The CPT standards, para 40.
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