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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