E/CN.4/1989/15
page 50
V.
RECOMMENDATIONS
239. The great majority of allegations received by the Special Rapporteur
refer to torture practised during incommunicado detention. It seems,
therefore, that a formal prohibition of incommunicado detention would greatly
reduce the number of reported cases of torture.
240. In this context, the following recommendations are made, which are in
conformity with the Declaration of Basic Principles of Justice for Victims of
Crime and Abuse of Power, adopted by the General Assembly in resolution 40/34.
241. Legal provisions prescribing that a person shall be given access to a
lawyer not later than 24 hours after he has been arrested usually function as
an effective remedy against torture, provided compliance with such provisions
is strictly monitored. Security personnel who violate such provisions should,
therefore, be severely disciplined. A useful supplementary provision would be
the obligation to inform the relatives of an arrested person within 24 hours
of both the arrest and the place where the detainee is being held.
242. At the time of his arrest, a person should undergo a medical inspection}
such an inspection should be repeated regularly, but in any case should be
compulsory whenever a detainee is transferred from one place of detention to
another.
243. Since many allegations refer to situations in which the victim of torture
was blindfolded or the interrogators were made unrecognizable, each
interrogation should be initiated with indent ification of all the persons
present.
244. Interrogation of detainees should only take place at official
interrogation centres. Evidence obtained from the detainee in other places
and not confirmed by him during interrogation at official locations should not
be admitted as evidence in court.
245. Independent bodies should be established which may regularly inspect
places of detention and may speak confidentially with the detainees. Such
bodies should report publicly on their findings.
246. Each detainee should be able to initiate proceedings before a court on
the lawfulness of his detention, in conformity with article 9, paragraph 4, of
the International Covenant on Civil and Political Rights. It is recommended
that this right should also be recognized under a state of siege or
emergency. The right of habeas corpus should be strictly respected in all
circumstances and should never be suspended.
247. The Code of Conduct for Law Enforcement Officials and the Standard
Minimum Rules for the Treatment of Prisoners should be translated into the
national language and used as teaching material during training courses for
law enforcement personnel. In particular, such personnel should be instructed
on their duty to disobey orders received from a superior to practise torture.
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