A/65/44 The Committee would also like to receive details from the State party of any training given to the private security firms used by the State party, both in its home territory and abroad. (21) The Committee remains particularly concerned about the persistent allegations that it has received regarding ill-treatment by law enforcement officers of detainees and other persons in their charge (art. 16). The State party should take steps to ensure that all allegations of ill-treatment at the hands of law enforcement officers are promptly investigated in the course of transparent and independent inquiries, and that the perpetrators receive appropriate punishment. The Committee would also appreciate information about the Note apparently circulated by the Office of the Inspector-General of the National Police in October 2008 concerning the methods used by law enforcement agencies to restrain suspects or persons against whom removal orders have been issued, which have already resulted in cases of death by asphyxiation (Mohamed Saoud in 1998 and Abdelhakim Ajimi in 2007). Provisions concerning the custody and treatment of arrested, detained and imprisoned persons Police custody (22) The Committee remains concerned about the amendments to the Act of 9 March 2004, which, under the special procedure applicable in cases of terrorism and organized crime, delay access to a lawyer until the 72nd hour of police custody. These provisions are likely to give rise to violations of the terms of article 11 of the Convention, since it is during the first few hours after an arrest that the risk of torture is greatest, particularly when a person is being held incommunicado. The Committee also remains concerned about the frequent use of pretrial detention and the duration of such detention (arts. 2 and 11). The Committee reiterates its previous recommendation that the State party take appropriate legislative measures to guarantee immediate access to a lawyer during police custody, in accordance with article 11 of the Convention. The Committee further recommends that steps be taken to reduce the use of pretrial detention and the duration of such detention. Interrogations (23) While noting with satisfaction that the Act of 5 March 2007 makes video recording of questioning by the police or a judge compulsory, except in cases involving minor offences, the Committee notes that the Act does not apply to persons accused of terrorism or organized crime, failing special authorization by the Public Prosecutor or investigating judge. In addition, the law does not provide for the installation of video surveillance cameras in all areas of police stations and gendarmeries where persons may be held in custody, including passageways (arts. 11 and 16). The Committee recommends that the State party make video recording of interrogations of all persons questioned a standard procedure, and install video surveillance cameras throughout police stations and gendarmeries in order to extend and strengthen the protection afforded to detainees in police custody. Prison conditions and criminal policy (24) The Committee welcomes the creation of the post of Inspector-General of places of deprivation of liberty by the Act of 30 October 2007, as well as the steps taken by the State party to address the critical problem of prison overcrowding, notably by building new GE.10-44721 95

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