A/56/156
particular to lodge complaints regarding treatment
received at the hands of law enforcement officials,
should be undertaken;
(d) Interrogation should take place only at
official centres and the maintenance of secret places of
detention should be abolished under law. It should be a
punishable offence for any official to hold a person in a
secret and/or unofficial place of detention. Any
evidence obtained from a detainee in an unofficial
place of detention and not confirmed by the detainee
during interrogation at official locations should not be
admitted as evidence in court. No statement of
confession made by a person deprived of liberty, other
than one made in presence of a judge or a lawyer,
should have a probative value in court, except as
evidence against those who are accused of having
obtained the confession by unlawful means. Serious
consideration should be given to introducing videoand audio-taping of proceedings in interrogation
rooms;
(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 nongovernmental 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;
(h) Provisions should give all detained persons
the ability to challenge the lawfulness of the
detention — e.g., through habeas corpus or amparo.
Such procedures should function expeditiously;
11
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