CAT/OP/CRI/ROSP/1 Investigation of torture and complaint mechanisms 16. The Subcommittee identified a number of shortcomings in the investigation of cases of torture. Neither the forensic doctors nor the medical personnel who provide services to persons deprived of their liberty use the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol); this, in turn, makes it more difficult to prove cases of ill-treatment or torture. In addition, as the Subcommittee concluded in one of its meetings with delegations from the Judicial Investigation Agency, a medical examination is not carried out in all cases of attacks on persons deprived of their liberty. 17. According to the Subcommittee’s interviews with physicians who deal with persons deprived of their liberty, medical personnel do not report possible cases of torture or illtreatment to the Attorney General’s Office, as required by article 281 of the Criminal Code of Procedure; instead, they report them to the prison’s legal department, which in turn initiates preliminary administrative proceedings and determines whether or not the cases in question should be referred to the Attorney General’s Office. Directors of prisons and psychiatric institutions follow a similar course of action when they receive reports of illtreatment of persons deprived of their liberty, unless those persons explicitly state that they wish to file a criminal complaint. 18. The Subcommittee was given access to copies of various complaints submitted by persons deprived of their liberty. According to the accounts reviewed by the Subcommittee, the complainants have not been notified of any proceedings initiated in relation to their respective cases. In one prison, complaints are collected by a specially designated prisoner, or “mandadero”, and left in a mailbox to be picked up by the authorities. 19. Although the prison cells are equipped with telephones and complaints may be called in directly to the Ombudsman’s Office, some detainees claimed that they were not aware of the hotline. Some detainees who have tried using it said that they were not able to explain their case within the time allotted for the telephone call. Those who have been able to submit complaints said that, in the vast majority of cases, the Ombudsman’s Office refers the complaint back to the prison, together with the complainant’s details, so as to give the alleged perpetrator the opportunity to defend himself or herself regarding the allegations. This situation puts prisoners at a high risk of retaliation. Moreover, a complaint may or may not be referred to the Attorney General’s Office, depending on the gravity of the acts concerned. 20. According to the information received, when the Attorney General’s Office registers complaints, the medical examinations that are ordered are sometimes performed in the presence of security guards; this increases the risk that detainees will suffer reprisals, which in turn discourages them from filing complaints. 21. The Subcommittee recommends that a prompt and impartial investigation be carried out wherever there is reasonable ground to believe that an act of torture or illtreatment has been committed, even in the absence of a formal complaint, and that those who instigate, encourage, consent to or tolerate such acts be held to account. To that end, the State party should instruct, train and inform the Public Prosecution Service regarding the State’s responsibility in relation to such acts. 22. The Subcommittee recommends that the State party provide information to the medical and forensic personnel and all public officials (police officers, judges, prosecutors and counsel for the defence) who deal with persons deprived of their liberty regarding the need to refer to the Istanbul Protocol and the obligation to report any possible act of torture or ill-treatment to the Attorney General’s Office. The Subcommittee urges the State party to take measures to ensure that a forensic medical examination is carried out in all cases of attacks against persons deprived of their liberty and that forensic reports be prepared in line with the Istanbul Protocol. 23. The Subcommittee recommends that complaint mechanisms be optimized so that persons deprived of their liberty have direct, confidential access to the Attorney General’s Office and so that the Attorney General’s Office is the authority responsible for determining whether or not torture has been committed and for taking the necessary steps to protect victims against any reprisals. GE.21-00153 5