with the prosecutor’s office frequently report reprisals and harassment from law
enforcement officials to ‘persuade’ them to withdraw their allegations.”183
84. As the risk for torture or other ill-treatment is highest during arrest and in the early
stages of police custody, but also continues throughout detention, including in
prison settings, safeguards need to be in place to ensure that detainees can make
complaints safely and, if they request, in a confidential manner.184 Where victims
continue to be held in custody in reach of the state official accused of having committed acts of torture or other ill-treatment, making a complaint of torture can be
extremely dangerous, and protections for detainees who allege torture are minimal
to non-existent in many OSCE States. Measures should be taken immediately
after allegations of torture have been raised to avoid any contact of the potentially
involved persons with witnesses, the victim or the victim’s family, and to prevent
any involvement of the alleged perpetrator(s) in the investigation. The UN Special
Rapporteur on Torture has emphasised that “measures in this regard include the
transfer of the complainant or the implicated personnel to a different detention facility or the suspension from duty of the personnel.”185 The UN Committee against
Torture has recommended “protective measures including relocation, on site security, hotlines, and judicial orders of protection to prevent violence and harassment
against complainants, witnesses, or close associates of such parties.”186 A recent
report highlighted the general failure across Europe to treat detainees who are
victims of violence in detention as victims, and to allow them access to victims’
rights.187 These barriers to reporting torture or other ill-treatment are exacerbated
by a lack of awareness among detainees about their rights, and lack of access for
CSOs, defence lawyers and independent monitoring bodies to places of detention.
In one South Eastern European country, for example, although CSOs have access
to prisons, they need approval from a judge in order to access pre-trial detention
facilities.188 CSOs can play an essential role in educating detainees on their rights
and facilitating the process for making an allegation of torture. Restricting access
for CSOs and defence lawyers can, therefore, restrict a detainee’s ability to seek
justice.
183 ICJ Global Redress and Accountability Initiative, op. cit., note 49, p. 6, referring to Tajikistan.
184 ODIHR/PRI, op. cit., note 4, Chapter 1.5; see also Nelson Mandela Rule 57(2).
185 Report of the Special Rapporteur on Torture and other cruel, inhuman or degrading treatment or
punishment, A/68/295, 9 August 2013, para. 77.
186 UN Committee Against Torture, Observations of the Committee against Torture on the revision
of the Standard Minimum Rules for the Treatment of Prisoners, CAT/C/51/4, 28 March 2014,
para. 55.
187 Fair Trials, op. cit., note 4.
188 ODIHR and Fair Trials roundtable meeting on incentives for torture, (December 2019) regarding
Serbia.
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