A/HRC/34/54/Add.1
interpreting the letter of the law but of the attitude of prosecutors, investigative judges and
court officials, who do not appear to take the issue seriously.
96.
The Special Rapporteur strongly believes that it is the responsibility of prosecutors
and investigative judges to establish whether anyone has been mistreated or not, even in the
absence of a victim’s complaint. It is the State that ultimately carries the international legal
obligation to prevent torture and ill-treatment, and it is imperative for Mauritania to
prosecute public officials who order, condone or cover up torture in flagrant abuse of their
superior authority, including in situations where they know or ought to know that torture
was about to be, was being or had been committed. While the establishment of the national
preventive mechanism is a very welcome addition to the institutional arsenal for combating
torture, it does not absolve prosecutors and investigative judges from their responsibilities
to investigate and prosecute all allegations of torture and ill-treatement.
5.
Burden of proof and medical examinations
97.
The carrying out of professional forensic examinations and documenting allegations
of torture and ill-treatment, as well as deaths in custody, are important components of any
effective investigation and prosecution.
98.
The Mauritanian Code of Criminal Procedure guarantees the right to a medical
examination once a suspect in police custody is brought before an investigative magistrate
and upon request of the suspect or his or her family (art. 60). Under the new anti-torture
law, the physical and health status of each detainee must furthermore be registered in the
logbooks of the detaining authority (art. 4). After holding numerous interviews with
detainees, however, the Special Rapporteur observed that medical examinations upon entry
into the penitentiary system are not carried out routinely, they are indeed rare, nor are they
regularly ordered by the investigative magistrate when a suspect is first brought to court.
99.
Even when a forensic medical examination is performed, it is unlikely to meet
minimum international standards for the clinical forensic assessment of victims or to assist
the court in finding the truth. Mauritania is plagued by a serious lack of forensic expertise:
medical forensic specialists are absent (only one medical doctor has undergone a limited
two-month training on medical forensics) and medical personnel in detention centres do not
receive specialized training in medical forensics, for example through the use of the Manual
on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (the Istanbul Protocol) or similar tools. In cases of
deaths in custody, autopsies are not systematically performed and if they are do not meet
minimum international standards. Medical doctors have no knowledge of the Model
Protocol for a Legal Investigation of Extra-legal, Arbitrary and Summary Executions (the
Minnesota Protocol).
100. The lack of forensic medical examinations may be one of the reasons for the very
rare application of the exclusionary rule with regard to evidence obtained under torture and
the even rarer conviction of perpetrators of torture. This situation deprives the country’s
judiciary of information of paramount importance on allegations of torture and ill-treatment
and opens the door to impunity for perpetrators of abuse.
6.
Lack of monitoring of places of detention and the national preventive mechanism
101. It is alarming that currently in Mauritania places of deprivation of liberty are not
monitored officially. Prosecutors and investigative judges who are under a duty to regularly
visit places of detention rarely do so, and there is no legal aid or public defenders
programme for monitoring places of detention.
17
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