The State party should adopt domestic legislation in line with article 1 of the Convention to address all
the purposes therein, and it should ensure that acts of torture by State agents, including the acts of
attempting to torture or complicity in it, ordering or participating in torture, are criminal offences
punishable in a manner proportionate to the gravity of the crimes committed.
Torture
(6)
There are numerous allegations concerning the widespread routine use of torture and ill-treatment by law
enforcement and investigative personnel, particularly to extract confessions to be used in criminal proceedings.
Further, there is an absence of preventive measures to ensure effective protection of all members of society from
torture and ill-treatment.
The State party should publicly condemn the practice of torture and take immediate and effective
measures to prevent all acts of torture throughout the country, with particular attention to preventing
any such acts by law enforcement and criminal justice personnel.
Detention
(7)
The Committee is also concerned at:
(a)
The lack of a legal obligation to register detainees immediately upon loss of liberty, including before
their formal arrest and arraignment on charges, the absence of adequate records regarding the arrest and detention of
persons, and the lack of regular independent medical examinations;
(b)
Numerous and continuing reports of hampered access to legal counsel, independent medical expertise
and contacts with relatives in the period immediately following arrest, due to current legislation and actual practice
allowing a delay before registration of an arrest and conditioning access on the permission or request of officials;
(c)
Reports that unlawful restrictions of access to lawyers, doctors and family by State agents are not
investigated or perpetrators duly punished;
(d)
The lack of fundamental guarantees to ensure judicial supervision of detentions, as the Procuracy is
also empowered to exercise such oversight;
(e)
The extensive resort to pretrial detention that may last up to 15 months; and
(f)
The high number of deaths in custody.
The State party should:
(a)
Adopt measures to ensure detainees prompt access to a lawyer, doctor and family
members from the time they are taken into custody and ensure that legal assistance and independent
medical expertise be provided at the request of detained persons rather than solely when permitted or
requested by officials;
(b)
Take measures to establish registers of detainees at each place of custody with the names
of each person detained, the time and date at which notifications of lawyers, doctors and family
members took place and the results of independent medical examinations. These registers should be
accessible to the detainee and his/her lawyers;
(c)
Consider the establishment of a health service independent from the Ministries of
Internal Affairs and Justice to conduct examinations of detainees upon arrest and release, routinely
and at their request, alone or together with an appropriate independent body with forensic expertise;
(d)
Take steps to shorten the current pretrial detention period (doznanie);
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