A/65/44
Pretrial detention
(12) The Committee expresses its concern at the system of pretrial detention, in which
lengthy periods are set by reference to the penalty for the offence of which the person
stands accused (arts. 2, 11 and 16).
The State party should take appropriate measures to ensure that its pretrial detention
policy is appropriate to the unconvicted status of persons in detention, meets
international standards, inter alia, the Body of Principles for the Protection of All
Persons under Any Form of Detention or Imprisonment, and that such detention is
used as an exceptional measure for a limited period of time. Furthermore, the
Committee encourages the State party to apply non-custodial measures as an
alternative to pretrial detention.
Parliamentary advocates and national preventive mechanism
(13) The Committee notes with concern that serious legislative and logistic constraints
impede effective functioning of the national preventive mechanism established under the
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment. The Committee is particularly concerned about the
lack of clarity as to what constitutes the national preventive mechanism (arts. 2, 11 and 16).
The State party should clarify what constitutes the national preventive mechanism,
and strengthen the independence and capacity of parliamentary advocates and the
national preventive mechanism, including its consultative council, to carry out regular
and unannounced visits to all places of detention. In particular, the State party
should:
(a)
Clarify the legal provisions in relation to the rights of members of the
national preventive mechanism to conduct regular and unannounced visits to all
places of detention, without restriction, and to ensure that all members of the
consultative council enjoy equal status as part of the national preventive mechanism,
to enable it to fulfil its role effectively as a torture-prevention mechanism;
(b)
Provide the national preventive mechanism as a whole, including the
consultative council, with adequate support and resources, including logistic and
secretarial support;
(c)
Provide training and take relevant measures to ensure that all persons
conducting visits under the Optional Protocol to the Convention are able to fulfil their
role in documenting treatment of individuals in detention;
(d)
Ensure that all persons involved in the administration of places of
detention are aware of the rights of all members of the national preventive mechanism
to have unhindered and unaccompanied access to all areas in all places where persons
are deprived of their liberty, without any form of prior notice; these powers should
include the possibility for the national preventive mechanism to examine, on demand,
detention-related registries, including medical registries, taking due account of the
rights of the persons concerned;
(e)
Initiate disciplinary proceedings against officers who interfere with the
free access of all persons conducting visits under the Optional Protocol to the
Convention to all places where people are deprived of their liberty, or otherwise deny
them private and confidential access to detainees, restrict their ability to review and
copy registries and other relevant documents, or otherwise interfere with the
performance of their duties;
(f)
Ensure that, as a rule, and unless there are compelling human rights
reasons to the contrary, the report and recommendations of each individual visit of
GE.10-44721
39
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents