(c)
Prosecute and punish officials who may have allowed evidence to be
obtained as a result of torture or cruel, inhuman or degrading treatment;
(d)
Provide necessary training to law enforcement and judiciary officials
regarding the inadmissibility of coerced confessions in court;
(e)
Ensure that officials who extract coerced confessions, including persons
liable under the principle of command responsibility, are brought to justice, prosecuted
and punished accordingly.
Fundamental legal safeguards
16.
While taking note of the rights enjoyed by persons under article 18 of the Constitution,
the Committee is concerned that detained persons may not enjoy all fundamental legal
safeguards from the outset of their deprivation of liberty, such as the right to be informed
immediately of the reasons for the arrest or detention, and not as soon as reasonably
practicable thereafter; that only minors, but not adults, are allowed to contact family members
or other persons of their choice about their detention; about the absence of a standard medical
examination from the outset of deprivation of liberty; that the 24-hour rule of bringing
detained persons before a court is not always respected and that persons may be held by
police without charges for up to 14 days; and that all stages of detention are not necessarily
recorded in registers (art. 2).
17.
The State party should:
(a)
Guarantee that all detained persons, including juveniles, are afforded, in
law and in practice, all fundamental legal safeguards from the very outset of their
deprivation of liberty, including the right to be informed immediately of the charges
against them; that they have prompt access to a lawyer during all proceeding, or to free
legal aid in the case of indigent persons; that they receive free interpretation services;
that both adults and juveniles are able to notify a relative or another person of their
choice about their detention or arrest; that they have access to a standard medical
examination by an independent doctor upon their deprivation of liberty, including by a
doctor of their choice upon request; that their deprivation of liberty is recorded in
registers at all stages; and they are brought before a court within 24 hours of their
arrest or detention, in keeping with article 18 (5) of the Constitution;
(b)
Establish a central register of detention with entries on all persons at all
stages of their deprivation of liberty, inform the Committee on the type of information
recorded and on specific measures taken to ensure accurate record-keeping;
(c)
Monitor the compliance by all law enforcement officials with the
fundamental legal safeguards, penalize any failure on the part of officials to comply and
provide information on the number of complaints received regarding failure to respect
fundamental legal safeguards and on the outcome of such complaints.
Prolonged pre-trial detention
18.
While recognizing the existence of the habeas corpus provision in national legislation,
the Committee is seriously concerned about information that, while the Constitution provides
for remand prisoners to be released after six months of detention if their cases have not been
heard, pre-trial detention in the State party may last up to three years owing to the long delays
in completing cases (arts. 2, 11 and 16).
19.
The Committee recommends that the State party take all necessary measures to
ensure that pre-trial detention is reduced to the extent possible, is exceptional and is
carried out in keeping with the provisions of the Convention. The Committee requests
the State party to be provided with information on any cases regarding the legality of
detention brought before the Supreme Court and on their outcome. It also urges the
State party to promote alternatives to pre-trial detention, in accordance with the United
Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules).
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