CAT/C/52/2
authority. The risk of such financially motivated abuses can be lessened by ensuring that
State agents receive appropriate remuneration, on a regular basis.
91.
Such risks can also be mitigated by the safeguards which should be provided by
democratic societies governed by the rule of law to protect detainees from the risk of illtreatment. In particular, individuals detained for questioning or those awaiting trial should
be able to have access to legal advice, a medical examination and health care, be able to
challenge the legitimacy of their detention before judicial authorities and have access to
effective complaints mechanisms, all of which will lessen the risk of extortion. Independent
auditing and monitoring systems will also help ensure that information regarding such
wrongful practices is transmitted throughout the chain of authority.
92.
Nevertheless, such measures alone are unlikely to prevent abuses from occurring.
Accordingly, there is a need for proactive policies which improve both education and
accountability. Appropriate training and education of police and detaining officials is also
essential to combat and protect against corruption and the use of violence. States should
refer to the Subcommittee’s guidance in that regard (CAT/OP/15/R.7/Rev.1).
93.
Adequate laws, an independent judiciary, professionally trained staff, an active civil
society and a free press and media are also important elements of a well configured system
which reduces the likelihood of petty corruption taking place and challenges impunity.
H.
Subcommittee’s experience in the field regarding petty corruption and
torture and ill-treatment
94.
Given the focus of its work during country visits, the type of corruption the
Subcommittee is most likely to encounter is petty corruption. In the light of its experience,
the Subcommittee believes that petty corruption perpetrated by underpaid public officials is
widespread in many places of detention and particularly in prisons, for both pretrial and
sentenced prisoners.
95.
The Subcommittee frequently observes situations in which detainees are not
provided with the most basic and necessary amenities and facilities. The absence of basic
provisions obviously and inevitably brings with it the risk or likelihood of such amenities
and facilities being made available only to those who can pay, or pay the most, for them.
96.
In some situations, it is common for the authorities either to abdicate the day-to-day
running of prisons to some trusted inmates and so-called heads of cells, or to condone the
acts of powerful inmates. The Subcommittee has encountered significant evidence of
corruption and abuse of power by heads of cells and prisoners, as well as by custodial staff,
which has also involved extortion and bribery combined with physical intimidation and illtreatment of more vulnerable detainees.
97.
The Subcommittee has frequently heard from detainees that they must make
payments to heads of cells in order to receive basic necessities and enjoy their basic rights,
and that the monies paid are often shared with the prison staff. Even access to medical care,
family visits, telephone calls and to submit complaints to the prison administration can be
made contingent upon payments to both heads of cells or other detainees and staff. The
Subcommittee has also encountered situations in which the few who can pay are able to
have a place in less overcrowded or better equipped cells, have greater access to facilities
and be subject to a considerably less stringent regime than others. This can also include the
liberty to move freely within the prison compound. These are all examples of petty
corruption linked to torture and other ill-treatment which the Subcommittee believes must
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