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the right to contact family members. The Committee is concerned by reports that police
officials do not keep accurate records of all periods of deprivation of liberty; do not afford
fundamental safeguards to individuals in detention, particularly persons deprived of their
liberty for whom a protocol of detention has not been drawn up; do not effectively notify
detainees of their rights at the time of detention; do not adhere to the three-day time limit
for transferring people deprived of their liberty from a police station to a detention facility;
and do not promptly bring detainees before a judge. The Committee also notes that the
number of public defenders in the State party remains insufficient (art. 2).
In the context of the current legislation reform, including the amendment of the Criminal
Procedure Code, the State party should take prompt and effective measures to ensure,
in law and in practice, that all detainees are afforded all legal safeguards from the
very outset of their deprivation of liberty. These include the rights to access to a
lawyer, to an independent medical examination, to notify a relative, to be informed of
their rights, and to be brought promptly before a judge.
The State party should take measures to ensure audio- or videotaping of all interrogations in police
stations and detention facilities as a further preventive measure. The Committee
encourages the State party to implement as soon as possible its plan to require police
to create an electronic protocol of detention immediately upon the de facto
deprivation of liberty of persons in police stations. The State party should ensure
access to these records by lawyers and relatives of those detained.
The State party should increase the funding provided to the Public Defender’s Office of the
Chamber of Advocates to ensure the availability of effective legal aid.
Investigations and impunity
12.
The Committee is deeply concerned that allegations of torture and/or ill-treatment
committed by law enforcement officials and military personnel are not promptly,
impartially or effectively investigated and prosecuted. The Committee is particularly
concerned by reports that the Office of the Prosecutor directs the police to investigate some
claims of torture and ill-treatment allegedly perpetrated by police officers, rather than
assign these complaints to an independent investigation service. In this regard, it is
concerned that the Office of the Prosecutor does not regularly ensure that different
prosecutors supervise the investigation of a crime and allegations of torture made against
police officials by the suspected perpetrator of that crime. The Committee is also concerned
that the Special Investigation Service has been unable to gather sufficient evidence to
identify the perpetrators in a number of cases in which torture or ill-treatment by officials
was alleged, leading to concerns regarding its effectiveness. The Committee is further
concerned by reports that officials alleged to have committed torture or ill-treatment are not
immediately suspended from their duties or transferred as appropriate for the duration of
the investigation, particularly if there is a risk that they may otherwise be in a position to
repeat the alleged act or to obstruct the investigation (arts. 2, 11, 12, 13 and 16).
The State party should:
(a) Take concrete steps to ensure prompt, thorough and impartial investigations into
allegations of torture and ill-treatment by law enforcement officials and military
personnel leading to the prosecution and punishment of those responsible with
penalties that are consistent with the gravity of the act committed;
(b) Ensure that all investigations into crimes involving public officials are undertaken
by an independent and effective body;
(c) Ensure that all officials alleged to be responsible for violations of the Convention
are suspended from their duties while any investigation into the allegations is in
progress.
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