CAT/C/HRV/CO/4-5
(f)
The system for psychiatric evaluation of detainees is reviewed to ensure
that when detainees are placed in psychiatric establishments for forensic evaluations,
they are provided with fundamental safeguards against torture and that the
evaluations are conducted as expeditiously as possible.
Evidence obtained through torture
7.
While the Committee is not aware of any reports of evidence obtained through
torture having been used in criminal proceedings, it would like to receive information on all
cases in which judges have sought investigations into allegations made by defendants that
they had confessed to a crime as a result of torture (art. 15).
The State party should provide the Committee with information on whether judges
are mandated by law to initiate an investigation when provided with prima facie
evidence of torture; on cases in which confessions were deemed inadmissible on the
grounds that they had been obtained through torture; and on whether any officials
have been prosecuted and punished for extracting such confessions.
Investigation of torture and ill-treatment
8.
The Committee is concerned at the lack of detailed information regarding the
number of complaints received during the reporting period alleging torture and ill-treatment
by law enforcement and other public officials, the number of such complaints investigated
by the State party, any prosecutions brought and any resulting convictions and sentences.
The Committee is also concerned at reports of ill-treatment of persons belonging to ethnic
minorities and lesbian, gay, bisexual and transsexual persons, both by law enforcement
officials and private individuals.
The Committee stresses that all alleged acts of torture or ill-treatment, including
verbal abuse and use of excessive force by law enforcement officials, should be subject
to investigation. The State party should systematically collect disaggregated data on:
the number of complaints received alleging torture and ill-treatment by law
enforcement and other public officials, including of lesbian, gay, bisexual and
transsexual persons and persons belonging to ethnic minorities; the number of cases
investigated by the State party; any prosecutions brought; any resulting convictions
and sentences; and all cases in which officials were subjected to disciplinary measures
for failure to investigate complaints of torture or ill-treatment adequately or for
refusal to cooperate in investigating any such complaint (arts. 12, 13 and 16).
Independent complaints mechanism
9.
While welcoming the State party’s efforts to investigate allegations of torture and
ill-treatment by police officers, the Committee is concerned that such allegations continue
to be referred for preliminary investigation to the Internal Control Department, which is a
department within the same structure employing the alleged perpetrators. The Committee is
concerned that the Department has not been fully independent and effective in combating
torture and ill-treatment (art. 13).
The State party should ensure in law and in practice that every person has the right to
complain of torture or ill-treatment to an effective and fully independent mechanism
that will investigate and respond promptly.
Independent monitoring of places of deprivation of liberty
10.
While the Committee welcomes the efforts of the Office of the Ombudsman, which
also performs the function of a national preventive mechanism, the Committee is concerned
at information it has received indicating the insufficient independent and regular monitoring
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