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. 4 GE.14-24172

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