A/68/44
(a)
Establishing rules concerning the length of interrogations, with
appropriate sanctions for non-compliance;
(b)
Improving criminal investigation methods to end practices whereby
confession is relied on as the primary and central element of proof in criminal
prosecution;
(c)
Implementing safeguards such as electronic recordings of the entire
interrogation process and ensuring that recordings are made available for use in
trials;
(d)
Informing the Committee of the number of confessions made under
compulsion, torture or threat, or after prolonged arrest or detention, that were not
admitted into evidence based on article 319 (1) of the Code of Criminal Procedure.
Complaint mechanism
(12) Notwithstanding the information on the appeal systems established under the Act on
Penal Detention Facilities and Treatment of Inmates and Detainees (2007), the Committee
remains concerned about the lack of an independent and effective complaint mechanism for
receiving and conducting impartial investigations into allegations of torture and ill
treatment of persons deprived of their liberty, including those in police custody, and for
ensuring that officials found guilty are appropriately punished. The Committee also regrets
the absence of information on claims for State compensation or on disciplinary sanctions
(arts. 2, 4, 12, 13 and 16).
The Committee reiterates its previous recommendation (para. 21) that the State
party:
(a)
Consider establishing a specifically dedicated, independent and effective
complaints body and ensure prompt, impartial and full investigations into all
allegations of torture and ill-treatment committed by public officials, and to prosecute
and punish those responsible with penalties taking into account the grave nature of
offences;
(b)
Ensure in practice that complainants are protected against any reprisals
as a consequence of their complaint or any evidence given;
(c)
Compile information, including disaggregated statistics, on the number
of complaints filed against public officials on torture and ill-treatment, as well as
information about the results of the proceedings, at both the penal and disciplinary
levels.
Conditions of detention
(13) Despite the State party’s efforts to improve the conditions of detention and to
increase the capacities of penal institutions, the Committee remains concerned at:
(a)
Overcrowding in certain facilities, including women’s prisons;
(b)
Inadequate access to health care and serious shortage of medical staff within
detention facilities;
(c)
The insufficient provision of mental health care in prisons and reports
indicating that mentally ill inmates are subjected to extensive use of solitary confinement
and subsequent increased risks of suicide attempts;
(d)
The lack of adequate safeguards and monitoring mechanism on the use of
restraining devices such as Type II handcuffs and straitjackets (arts. 11 and 16).
GE.13-46043
125
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