E/CN.4/2002/76
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(e)
Regular inspection of places of detention, especially when carried out as part of a
system of periodic visits, constitutes one of the most effective preventive measures against
torture. Independent non-governmental organizations should be authorized to have full access to
all places of detention, including police lock-ups, pre-trial detention centres, security service
premises, administrative detention areas and prisons, with a view to monitoring the treatment of
persons and their conditions of detention. When inspection occurs, members of the inspection
team should be afforded an opportunity to speak privately with detainees. The team should also
report publicly on its findings. In addition, official bodies should be set up to carry out
inspections, such teams being composed of members of the judiciary, law enforcement officials,
defence lawyers and physicians, as well as independent experts and other representatives of civil
society. Ombudsmen and national or human rights institutions should be granted access to all
places of detention with a view to monitoring the conditions of detention. When it so requests,
the International Committee of the Red Cross should be granted access to places of detention;
(f)
Torture is most frequently practised during incommunicado detention.
Incommunicado detention should be made illegal, and persons held incommunicado should be
released without delay. Information regarding the time and place of arrest as well as the identity
of the law enforcement officials having carried out the arrest should be scrupulously recorded;
similar information should also be recorded regarding the actual detention. Legal provisions
should ensure that detainees are given access to legal counsel within 24 hours of detention.
Security personnel who do not honour such provisions should be punished. In exceptional
circumstances, under which it is contended that prompt contact with a detainee’s lawyer might
raise genuine security concerns and where restriction of such contact is judicially approved, it
should at least be possible to allow a meeting with an independent lawyer, such as one
recommended by a bar association. In all circumstances, a relative of the detainee should be
informed of the arrest and place of detention within 18 hours. At the time of arrest, a person
should undergo a medical inspection, and medical inspections should be repeated regularly and
should be compulsory upon transfer to another place of detention. Each interrogation should be
initiated with the identification of all persons present. All interrogation sessions should be
recorded and preferably video-recorded, and the identity of all persons present should be
included in the records. Evidence from non-recorded interrogations should be excluded from
court proceedings. The practice of blindfolding and hooding often makes the prosecution of
torture virtually impossible, as victims are rendered incapable of identifying their torturers.
Thus, blindfolding or hooding should be forbidden. Those legally arrested should not be held in
facilities under the control of their interrogators or investigators for more than the time required
by law to obtain a judicial warrant of pre-trial detention which, in any case, should not exceed a
period of 48 hours. They should accordingly be transferred to a pre-trial facility under a
different authority at once, after which no further unsupervised contact with the interrogators or
investigators should be permitted;
(g)
Administrative detention often puts detainees beyond judicial control. Persons
under administrative detention should be entitled to the same degree of protection as persons
under criminal detention. At the same time, countries should consider abolishing, in accordance
with relevant international standards, all forms of administrative detention;