83
28.
The existence of a suitable legal framework is not of itself sufficient to guarantee
that appropriate action will be taken in respect of cases of possible ill-treatment. Due attention
must be given to sensitising the relevant authorities to the important obligations which are
incumbent upon them.
When persons detained by law enforcement agencies are brought before
prosecutorial and judicial authorities, this provides a valuable opportunity for such persons to
indicate whether or not they have been ill-treated. Further, even in the absence of an express
complaint, these authorities will be in a position to take action in good time if there are other
indicia (e.g. visible injuries; a person's general appearance or demeanour) that ill-treatment
might have occurred.
However, in the course of its visits, the CPT frequently meets persons who allege
that they had complained of ill-treatment to prosecutors and/or judges, but that their
interlocutors had shown little interest in the matter, even when they had displayed injuries on
visible parts of the body. The existence of such a scenario has on occasion been borne out by
the CPT's findings. By way of example, the Committee recently examined a judicial case file
which, in addition to recording allegations of ill-treatment, also took note of various bruises
and swellings on the face, legs and back of the person concerned. Despite the fact that the
information recorded in the file could be said to amount to prima-facie evidence of illtreatment, the relevant authorities did not institute an investigation and were not able to give a
plausible explanation for their inaction.
It is also not uncommon for persons to allege that they had been frightened to
complain about ill-treatment, because of the presence at the hearing with the prosecutor or
judge of the very same law enforcement officials who had interrogated them, or that they had
been expressly discouraged from doing so, on the grounds that it would not be in their best
interests.
It is imperative that prosecutorial and judicial authorities take resolute action when
any information indicative of ill-treatment emerges. Similarly, they must conduct the
proceedings in such a way that the persons concerned have a real opportunity to make a
statement about the manner in which they have been treated.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents