A/71/298
record, if used, accurately reflects his or her statements. As a matter of good
practice, all persons present during questioning may be asked to sign the written
record to attest to their presence and its accuracy. Audiovisual recordings must be
clearly identified, properly labelled, safely stored and preserved. Destroying or
tampering with records establishing proof of mistreatment should be criminalized
under national law.
6.
Medical examination
88. International standards provide for prompt and regular access to medical care
for persons deprived of liberty. States are obligated to guarantee the availability of
prompt, independent, impartial, adequate and consensual medical examinations at
the time of arrest and at regular intervals thereafter. Medical examinations must also
be provided as soon as a detainee enters a custodial or interview facility and upon
each transfer. Prompt, independent, impartial and professional examinations in
accordance with the Manual on the Effective Investigation and Documentation of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment must be
carried out pursuant to allegations of mistreatment or any sign that mistreatment
may have occurred (see A/68/295 and E/CN.4/2004/56). The well-established
prohibition against medical personnel engaging, actively or passively, in acts that
may constitute participation in, complicity or acquiescence in, incitement to or
attempts to commit torture or ill-treatment (see CAT/C/51/4) merits recalling. 20
89. Examples of other safeguards against mistreatment and coercion during
questioning include ensuring that no interview occurs without direct or indirect
supervision, among others by way of one-sided mirrors, live-feed or review of
recordings. Save exceptional circumstances, strict national regulations must ensure
that detained persons may not be subjected to questioning for more than two hours
without a break and must be provided adequate breaks for refreshments and be
allowed uninterrupted periods of at least eight hours for rest — free from
questioning or any activity in connection with the investigation — every 24 hours. 21
Save in compelling circumstances, no interview should happen at night.
C.
Accountability and remedies
90. Accountability is critical to preventing the recurrence of human rights
violations. The protocol must reiterate States’ obligations to combat impunity and
ensure accountability and the provision of remedies for torture and ill -treatment
committed during questioning.
1.
Complaint mechanisms, investigations and sanctions
91. Victim of torture or ill-treatment must have access to impartial and effective
complaint mechanisms and be protected from retaliation and reprisals. All
__________________
20
21
22/25
See the Principles of Medical Ethics relevant to the role of health personnel, particularly
physicians, in the protection of prisoners and detainees against torture and other cruel, inhuman
or degrading treatment or punishment (General Assembly resolution 37/194); and the Declaration
of Tokyo.
See the report to the Turkish Government on the visit to Turkey carried out by the European
Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
from 4 to 17 June 2009 (CPT/Inf (2011) 13).
16-13568
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