A/68/44
have the legality of their detention examined by a court, in accordance with
international standards;
(b)
Ensure that the State party monitors the provision of safeguards by all
public officials to persons deprived of their liberty, including by documenting relevant
information in detention registers, and ensuring regular monitoring of officials’
compliance with these documentation requirements;
(c)
Ensure that any public official who denies fundamental legal safeguards
to persons deprived of their liberty is disciplined or prosecuted;
(d)
Provide data to the Committee on the number of cases in which public
officials have been disciplined for such conduct and the nature of the discipline.
Charges under the Code of Criminal Procedure
(10) The Committee is concerned that the Code of Criminal Procedure has not been
amended to allow courts to continue criminal proceedings at their own discretion if the
prosecution drops the charges (arts. 2, 12 and 13).
The Committee reiterates its recommendation that the State party consider revising
its Code of Criminal Procedure in order to regulate the powers of prosecution vis-àvis the judiciary so that withdrawal of charges by the prosecution does not result in
termination of criminal proceedings or acquittal but is decided by a court.
Use of force
(11) The Committee is concerned by information that no prosecutions resulted from
official applications to the Chancellor of Justice or the Public Prosecutor’s Office in
relation to allegations of brutality and excessive use of force by law enforcement personnel
during the events which took place in Tallinn in April 2007. It is further concerned by
instances of “excessive” use of force by law enforcement officers, that the State party’s
investigation into the events were inadequate, and that the authorities did not made an
attempt to obtain additional evidence, be it by questioning the applicants in person or by
interviewing the witnesses, as found by the European Court of Human Rights (arts. 2, 10,
12, 13, 14 and 16).
The State party should:
(a)
Conduct prompt, thorough, effective and impartial investigations into all
allegations of torture, ill-treatment and excessive use of force by law enforcement
personnel, and prosecute and sanction officials found guilty of such offences with
appropriate penalties;
(b)
Establish a specific registry for allegations of torture and cruel, inhuman
or degrading treatment and punishment and establish an independent mechanism to
investigate allegations of torture and ill-treatment;
(c)
Ensure that all victims of torture and ill-treatment obtain redress and
have a legally enforceable right to fair and adequate compensation, including the
means for the fullest possible rehabilitation, in accordance with article 14 of the
Convention;
(d)
Ensure that law enforcement officials receive training on the absolute
prohibition of torture and on international standards on the use of force and firearms,
including on the liabilities in cases of excessive use of force;
(e)
Ensure that law enforcement personnel are trained in professional
techniques which minimize any risk of harm to apprehended persons.
106
GE.13-46043
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