A/69/44 The State party should: (a) Amend the Code of Criminal Procedure to ensure that detention starts at the outset of deprivation of liberty and that the time spent in custody for identification purposes is considered part of the 48-hour period within which a detained person must be brought before a judge; (b) Ensure that suspects are informed of and are able to exercise their rights at the very moment of their deprivation of liberty, and are informed of the reasons for their detention; (c) Guarantee access to an ex officio lawyer, including consultations in private, as from the moment of deprivation of liberty and during interviews with law enforcement officials; (d) Ensure that compliance with the legal safeguards by all public officials is regularly monitored and that those who do not comply with these safeguards are properly sanctioned. Prompt, effective and impartial investigations (9) The Committee regrets the lack of data concerning criminal investigations into, and prosecutions and sanctions for, the crime of torture and ill-treatment (art. 243 of the Criminal Code) during the period covered by the State party’s report. The Committee is also concerned at the lack of clarification on the competence of the internal and external inspection services of each branch of police and prison services to carry out investigations into alleged acts of torture and ill-treatment, and on how these inspection services relate to the Public Prosecutor’s Office when they are conducting criminal and disciplinary investigations in parallel. As regards the information provided on disciplinary proceedings from 2008 to 2010, the Committee notes with concern the limited number of punishments imposed in cases of ill-treatment by police and prison officers, as well as the large number of cases closed due to lack of evidence, even where allegations of ill-treatment by police forces and by prison staff have been documented by monitoring bodies. The Committee is concerned at information indicating that, with regard to prisoners alleging ill-treatment, a full medical examination out of the hearing and sight of prison officers does not always take place, and that injuries observed upon admission or sustained in prison thereafter are not properly recorded (arts. 2, 12, 13 and 16). The State party should: (a) Ensure that all reports of torture or ill-treatment are investigated promptly, effectively and impartially by appropriate independent bodies at the criminal level, irrespective of disciplinary investigations; (b) Ensure that persons suspected of having committed acts of torture or illtreatment are immediately suspended from their duties and remain so throughout the investigation; (c) Prosecute persons suspected of having committed torture or illtreatment and, if they are found guilty, ensure that they receive sentences that are commensurate with the gravity of their acts and that their victims are afforded appropriate redress; (d) Ensure that all medical examinations of prisoners are conducted out of the hearing and, whenever the security situation allows, out of the sight of prison officers, and that medical records are made available to the prisoner concerned and his lawyer upon request; and 74 GE.14-12596

Select target paragraph3

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