E/CN.4/1997/7/Add.3
page 26
(e)
Judicial complaints against police officials should always be
investigated by a body independent of the police body whose officials are the
subject of the complaint;
(f)
Senior law enforcement officials should make it clearly known that
the ill-treatment of detained persons is not acceptable and will be dealt with
severely;
(g)
The Legal Medical Institute (Instituto de Medicina Legal) should
be autonomous of any authority responsible for the investigation or
prosecution of crime;
(h)
A system of regular visits to all places of detention (police
custody, pre-trial detention and post-conviction imprisonment) should be put
in place. Its composition should include independent persons of standing and
representatives of responsible non-governmental organizations;
(i)
Extrajudicial confessions should not be admissible as evidence
against the person making them or anyone else, other than a person charged
with extorting them;
(j)
A code of practice for the conduct of interrogations by law
enforcement officials should be drawn up;
(k)
Torture and similar behaviour, as contemplated by article 182 of
the Penal Code, should be made a criminal offence when inflicted on any person
deprived of liberty, not just on those in prisons. The offence should be
punished as a grave crime and should have no period of statutory limitation
(prescripción ) or, in any event, a period not shorter than that applicable to
the gravest crimes under the Penal Code. Provisions regarding the offence of
torture should duly take into consideration the standards set forth in the
United Nations Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment;
(l)
The absence of marks consistent with allegations of torture should
not necessarily be treated by the public Prosecutors (
fiscales ) and judges as
proof that such allegations are false;
(m)
Nudo hecho proceedings should not be allowed to delay the
institution of criminal proceedings against public officials for more than a
matter of weeks. In any event, they should be excluded from the period for
calculation of any applicable statutory limitation (
prescripción );
(n)
The false denial to a representative of the Public Prosecutor's
Office ( fiscal ) of a person’s detention or the refusal of that
representative's access to a detainee should be vigorously pursued as an act
requiring instant dismissal of those responsible for the place of detention;
(o)
Representatives of the Public Prosecutor's Office (
fiscales )
should be rotated so as to avoid becoming overtly identified with law
enforcement or military personnel in a particular locality or place of
detention;
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