CAT/C/TKM/CO/2
20.
The Committee reiterates the recommendations contained in its previous
concluding observations (see CAT/C/TKM/CO/1, para. 14) and urges the State party
to:
(a)
Establish a national system that independently, effectively and regularly
monitors and inspects all places of detention without prior notice and that is able to
meet in private with detainees and receive complaints;
(b)
Grant access to independent organizations, in particular ICRC, to all
detention facilities in the country and expedite the signing of a memorandum of
understanding with ICRC;
(c)
Strengthen cooperation with the United Nations human rights
mechanisms by permitting visits as soon as possible by special procedure mandate
holders who have requested them, in particular the Special Rapporteur on torture
and other cruel, inhuman or degrading treatment or punishment and the Working
Group on Arbitrary detention, in conformity with the terms of reference for factfinding missions by special rapporteurs and special representatives (E/CN.4/1998/45);
(d)
Consider ratifying the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Fundamental legal safeguards
21.
The Committee is concerned that persons deprived of their liberty do not in practice
enjoy all fundamental legal safeguards against torture from the moment of their
apprehension (arts. 2, 11 and 16). The Committee is further concerned that many people are
held in custody for more than 48 hours and that the State party’s law permits suspects to be
held in detention, during the investigation of a criminal case, without being presented
before a judge for up to six months, and even longer with authorization from the Procurator
General (arts. 2, 11 and 16).
22.
The State party should ensure that fundamental legal safeguards against
torture are guaranteed in practice by appropriate means of regulation and not merely
by law to all detained persons, including remand prisoners, from the outset of their
deprivation of liberty, according to international standards. The State party should
monitor the provision of such safeguards to persons deprived of their liberty and
should ensure that any official who fails to provide them in practice is subjected to
disciplinary or other appropriate punishment. Such rights include the right of
detainees to:
(a)
Be promptly informed, in a language that they understand, both orally
and in writing, of their rights, the reasons for their arrest and the charges against
them and to sign a paper confirming that they have understood the information
provided to them;
(b)
Undergo a medical examination by an independent doctor within 24
hours of their arrival in a place of detention;
(c)
Have prompt and confidential access to a qualified and independent
lawyer, or to free legal aid when needed, from the time of their apprehension;
(d)
Promptly contact a family member or any other person of their choice
about their detention immediately after apprehension;
(e)
Be promptly brought before a competent, independent and impartial
court within 48 hours of their apprehension;
7