E/CN.4/2006/6/Add.3
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(d)
Plea-bargain agreements made by accused persons be without prejudice to
criminal proceedings that may be institute d for allegations of torture and other
ill-treatment;
(e)
Forensic medical services be placed under judicial or another independent
authority, not under the same governmental authority as the police and the penitentiary
system. Public forensic medical services should not have a monopoly on expert forensic
evidence for judicial purposes;
(f)
Any public official indicted for abuse or torture, including prosecutors and
judges implicated in colluding in torture or ignoring evidence, be immediately suspended
from duty pending trial, and prosecuted;
(g)
Victims receive substantial compensation and adequate medical treatment
and rehabilitation;
(h)
Necessary measures be taken to establish and ensure the independence of the
judiciary in the performance of their duties in conformity with international standards
(e.g. the Basic Principles on the Independence of the Judiciary). Measures should also be
taken to ensure respect for the principle of the equality of arms between the prosecution
and the defence in criminal proceedings;
Conditions of detention
(i)
Non-violent offenders be removed from confinement in pretrial detention
facilities, subject to non-custodial measures (i.e. guarantees to appear for trial, at any other
stage of the judicial proceeding and, should occasion arise, for execution of the judgement);
(j)
Recourse to pretrial detention be restricted in the Criminal Procedure Code,
particularly for non-violent, minor or less serious offences, and the use of non-custodial
measures such as bail and recognizance be increased;
(k)
Pretrial and convicted prisoners be strictly separated;
(l)
The number of persons confined in detention not exceed the official capacity
of the respective facility;
(m)
Existing institutions be refurbished to meet basic minimum standards;
(n)
To the extent that the use of non-custodial measures will not eliminate the
overcrowding problem, new remand centres be built with sufficient accommodation for the
anticipated population;
Prevention
(o)
In accordance with the Optional Protocol to the Convention against Torture,
a truly independent monitoring mechanism be established, whose members would be
appointed for a fixed period and not subject to dismissal, to visit all places where persons
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