Persons with mental impairment or illnesses deprived of their liberty
(18) The Committee notes with concern that only two detention centres are equipped with hospitals, which,
however, do not have the capacity to tend to persons with mental impairment or illnesses. It further regrets the
absence of an effective system of referral to specialists, as well as a policy to provide care in the civilian system
(arts. 11 and 16).
The State party should enhance health services in places of detention to include services for persons
with mental impairment or illnesses deprived of their liberty. It further recommends that the State
party establish an effective and functioning system for referrals to mainstream health-care institutions
or professionals.
“Unlawful associations”
(19) The Committee notes discussions in the State party on changing the provision on “unlawful associations” in
article 332 of the Criminal Code. It is however concerned that a suspected member of an “unlawful association” can
be arrested without an arrest warrant and that his/her detention on remand is mandatory. It is further concerned at the
repressive social policy in combating “unlawful associations”, or “maras” or “pandillas”, which does not adequately
consider the root causes of the phenomenon and may criminalize children and young people on the sole ground of
their appearance (arts. 11 and 16).
The State party should revise article 332 of its Criminal Code and ensure that legal safeguards are
provided without discrimination to all persons under arrest or detention. It further recommends that
the State party undertake steps to monitor and document the phenomenon of “unlawful associations”
with a view to revealing root causes and designing appropriate prevention strategies.
Impunity and absence of prompt, thorough and impartial investigations
(20) The Committee notes with concern the existence of widespread impunity, acknowledged even by the State
party, as one of the main reasons for its failure to eradicate torture. It is particularly concerned at the absence of an
independent body to investigate allegations of ill-treatment and torture. The Committee is concerned at reports of
several cases of serious allegations against members of the National Police that remain at the investigation stage and
for which perpetrators have not effectively been brought to justice and at reports that alleged perpetrators continue
exercising their duties. Moreover, the Committee is concerned at the killing of two environmentalists, whose
perpetrators escaped from prison after being sentenced, and at the absence of any investigation or conviction of the
instigators of the crime (arts. 12, 13 and 16).
The Committee urges the State party to take swift measures to counter impunity, including by:
(a)
Ensuring prompt, thorough, impartial and effective investigations into all allegations of
torture and ill-treatment committed by law enforcement officials. In particular, such investigations
should not be undertaken by or under the authority of the police, but by an independent body. In
connection with prima facie cases of torture and ill-treatment, the alleged suspect should as a rule be
subject to suspension or reassignment during the process of investigation, especially if there is a risk
that he or she might impede the investigation;
(b)
Bringing the perpetrators to justice and imposing appropriate sentences on those
convicted in order to eliminate impunity for law enforcement personnel who are responsible for
violations prohibited by the Convention;
(c)
Ensuring that an investigation is lodged against the instigators of the murder of the two
environmentalists and that they are sentenced accordingly once identified. Furthermore, the State
party should thoroughly investigate the escape from prison of the convicted perpetrators, ensure that
they serve their sentence according to their conviction and, in general, take measures to prevent
further escapes.
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