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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