CAT/C/VEN/CO/3-4
(a)
Reinforcing procedures for confidential and independent medical
examination when a detainee arrives at a detention centre and ensuring the provision
of prompt, appropriate and confidential care when it is requested;
(b)
Providing unrestricted access to a lawyer appointed by the court or
chosen by the detainee, including consultations in private;
(c)
Ensuring that detainees are informed of the reasons for their detention
and have the right to communicate with their families;
(d)
Ensuring that detainees are brought before a procedural court within 48
hours, as required by article 44, paragraph 1, of the State party’s Constitution;
(e)
Ensuring that detainees have the right to immediately challenge the
lawfulness of the detention;
(f)
Regularly monitoring compliance with the legal safeguards by public
officials and ensuring that those who do not comply with them and those responsible
for arbitrary detention are duly sanctioned.
Torture and ill-treatment of persons arrested during protests
10.
The Committee is alarmed by consistent reports of acts of torture and ill-treatment
inflicted on persons arrested during the demonstrations that took place from February to
July 2014. Such acts reportedly included beatings, electric shocks, burns, choking, sexual
assault and threats, allegedly for the purpose of destroying evidence of actions by security
forces, acquiring information, inflicting punishment or extracting confessions or as
manifestations of gender-based discrimination. The Committee notes that although the
Public Prosecution Service has conducted 185 investigations into cruel treatment, charges
have been brought in only five cases and investigations of two torture complaints are still
ongoing. The Committee is concerned that, according to information received, many of the
persons affected did not report the ill-treatment for fear of reprisals, and some were
allegedly threatened after lodging complaints (arts. 2, 12, 13 and 16).
The State party should:
(a)
Ensure that all complaints and cases of torture and ill-treatment of
detainees are investigated promptly, thoroughly and independently, including the
investigation of officials who knew or should have known that such acts were being
committed and failed to prevent or report them;
(b)
Ensure, without prejudice to the presumption of innocence, that officials
who are suspects are immediately suspended from their duties and remain suspended
for the duration of the investigation;
(c)
Provide for the protection of persons who have reported ill-treatment
and duly inform them of the progress and outcome of their complaints;
(d)
Require all officials to report cases of torture or ill-treatment of which
they are aware, in conformity with article 31 of the Anti-Torture Act, and adopt
protective measures to ensure confidentiality and safety for officials who do so;
(e)
Bring to trial alleged perpetrators of acts of torture or ill-treatment and,
if they are found guilty, impose upon them penalties proportionate to the gravity of
their acts. The Committee draws attention to paragraph 10 of its general comment No.
2 (2007), in which it emphasizes that it would be a violation of the Convention to
prosecute conduct solely as ill-treatment where the elements of torture are also
present.
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