CAT/C/VNM/CO/1
examining judges reportedly do not investigate allegations of torture and ill-treatment. The
Committee is further concerned that confessions resulting from torture of suspects have
reportedly resulted in sentences that include the death penalty (arts. 2 and 15).
29.
The State party should:
(a)
Amend national legislation, including the Code of Criminal Procedure,
in order to ensure, in law and practice, that any statement resulting from torture or
cruel, inhuman or degrading treatment is not invoked as evidence in court, except
against the persons who carried out those acts;
(b)
Ensure that courts dismiss in practice all cases in which evidence was
obtained as a result of torture, and that prosecutors and judges investigate and
prosecute all such allegations of torture and ill-treatment;
(c)
Prosecute and punish all officials who have allowed evidence to be
obtained as a result of torture and persons providing false testimony and false
documents;
(d)
Ensure that all law enforcement, investigative, judiciary and medical
officials are fully aware of the Convention’s provisions regarding the inadmissibility
in court of coerced confessions;
(e)
Inform the Committee about all cases that were dismissed in court
during the period under review because evidence was obtained as a result of torture.
Conditions of detention
30.
The Committee is concerned about reports of:
(a)
A dramatic increase in recent decades in the incarceration rate and the prison
population in the State party;
(b)
Material conditions in penitentiary facilities that do not meet the minimum
international standards, such as the absence of adequate sanitary and hygiene facilities,
insufficient lighting and ventilation, insufficient quality and quantity of food, lack of
outdoor physical exercise, inadequate health care and severe overcrowding, all of which,
taken together, may amount to ill-treatment or even torture, and reports that some of these
conditions are maintained deliberately as an additional punishment for the inmates;
(c)
The use of “security rooms” and “disciplinary rooms” where prisoners can be
isolated in solitary confinement or small groups for up to three months and the reported use
of corporal punishment, shackling and harsh disciplinary measures against inmates by
prison officials or other prisoners who act under their instructions;
(d)
Restrictions on communication between prisoners and their families and
punitive transfers, including multiple transfers, of certain prisoners between detention
facilities so that they are far away from their families, without informing their families
about the transfers, and stealing by prison staff of food, medicine and personal items sent to
prisoners by their families;
(e)
Poor medical care, negligence and deliberate withholding of medical
treatment by the medical staff in prisons, non-separation of healthy prisoners from those
with contagious diseases and the lack of independence of doctors who are employed by the
penitentiary authorities;
(f)
The subjection of dissident prisoners to psychological torture and the
administering of unspecified drugs and medication with adverse effects;
(g)
The subjection of prisoners to labour in manufacture and agriculture as well
as hazardous industries, such as the processing of cashew nuts (arts. 2, 11 and 16).
31.
The State party should:
(a)
Urgently take all measures necessary to improve material conditions,
including overcrowding, in all places of deprivation of liberty, in keeping with the
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