CAT/OP/CRI/ROSP/1
36.
The Subcommittee recommends that medical personnel should examine every
person in police custody as promptly as possible. It also recommends that protocols be
adopted so that medical personnel are required to inform the Public Prosecution
Service of any indications of ill-treatment.
37.
Providing persons deprived of their liberty with information on their rights is of
fundamental importance in preventing torture and ill-treatment. In one instance in which
police officers read a detainee his rights, the visiting delegation noted that not all the required
information was provided. The detainee himself was asked to certify that he was in full
possession of his mental faculties, whereas such certification must be provided by health
professionals, not detainees.
38.
The Subcommittee recommends that the State party adopt standard wording
that covers all the procedural rights of persons deprived of their liberty, in accordance
with international law and relevant constitutional and other legal provisions, to be used
by all police units authorized to take people into custody.
39.
The Subcommittee noted with concern a number of serious flaws in police registers.
Some units had computerized registers, whereas others used a registration book whose pages
were unnumbered. There was no standard or rigorous method for recording information – the
registers contained blank spaces, corrections and strikethroughs. The procedure to be
followed was unclear and the consultation of multiple registers proved necessary to
understand the situation of a given person deprived of his or her liberty. No register was kept
on complaints of torture or ill-treatment in the units.
40.
The Subcommittee recommends that the State party establish a uniform and, if
possible, computerized register arrest log and policy custody list across the country.
Such a register should include, at a minimum, the following data:
(a)
The date, time and place of the arrest and arrival at the police station, the
grounds for the arrest and the authorities that issued the warrant and the names of the
police officers involved;
(b)
The state of health of the person deprived of his or her liberty and the
circumstances and causes of any injury;
(c)
The date, time and reasons for any transfer to a hospital, police unit or
prison and for the release or continued detention of the person deprived of his or her
liberty;
(d)
The date and time of any legal assistance provided, of the notification of
family or other third parties of the person’s detention, of visits, of medical examinations
and of the first appearance of the person deprived of his or her liberty before a judge;
(e)
An inventory of the personal belongings of the person deprived of his or
her liberty, to be signed by the person in question at the time the belongings are
confiscated and at the time they are returned;
(f)
Information related to behaviour, discipline and use of restrictions;
(g)
Requests and complaints, including allegations of torture or other cruel,
inhuman or degrading treatment or punishment, unless they are of a confidential
nature.
B.
Prisons
Allegations of torture and ill-treatment
41.
The Subcommittee heard allegations of ill-treatment from persons deprived of their
liberty in all the prisons it visited. In the majority of these cases, prisoners claimed that they
had been slapped or struck with truncheons by prison officers, had had their hair pulled and
had been subjected to insults and verbal abuse. Some interviewees stated that the ill-treatment
was always meted out by the same officers, and they consistently identified those officers.
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