CAT/C/AFG/CO/2
(b)
Have the right to request and receive a medical examination by an
independent doctor, preferably of their choosing, in conformity with orders 5 and 6 of
Presidential Decree 129, especially upon arrival at the detention facility;
(c)
Are notified of the reasons for their detention;
(d)
Have the right to contact a family member or a person of their choosing
to inform them about their detention and whereabouts;
(e)
Are held in custody in conformity with the time limits set out in the
Criminal Procedure Code.
Coerced confessions
27.
While taking note of the legal safeguards enshrined in the Criminal Procedure Code
establishing the inadmissibility of documentation or evidence in violation of the law, the
Committee remains concerned by the numerous allegations of the widespread use of forced
confessions as evidence forming the basis for prosecution or conviction at trial and about
the lack of cases in which officials have been prosecuted and punished for having extracted
confessions in such a manner (art. 15).
28.
The State party should:
(a)
Adopt effective measures to ensure that coerced confessions are
inadmissible in practice;
(b)
Invite the judiciary to review all cases in which convictions were based
solely on confessions obtained through torture and ill-treatment;
(c)
Take appropriate remedial measures and ensure that all cases of coerced
confession are promptly and impartially investigated, prosecuted and punished.
Conditions of detention
29.
While taking note of the State party’s challenges regarding the lack of budget and
welcoming the Law on Prisons and Detention Centres, the Committee remains deeply
concerned about the poor conditions of detention, including severe overcrowding,
inadequate sanitation and access to water, food of a sufficient amount and quality and
medical services. In that connection, the Committee is particularly concerned by the
situation of women in prisons. It is also concerned by the situation in Pul-e-Charkhi prison,
where the renovation project allegedly remains uncompleted due to corruption. The
Committee is also deeply concerned by:
(a)
The situation of detainees in solitary confinement, a practice which is applied
to persons with epidemic diseases, persons with mental illnesses, and terrorists for
prolonged periods of time;
(b)
The widespread corruption among law enforcement officers, in particular
prison officers;
(c)
The general lack of facilities to separate pretrial detainees from convicted
inmates. The Committee also regrets the under-use of non-custodial measures (arts. 2, 11
and 16).
30.
The State party should:
(a)
Take all measures to alleviate overcrowding in detention facilities,
including through the application of alternative measures to imprisonment;
(b)
Ensure that all prison development or renovation projects are free from
corruption and completed efficiently;
(c)
Take effective measures to improve access to drinking water, sanitation
facilities and the quality of food, and to ensure that health services and facilities are
available to all detainees, in particular in facilities for women and girls;
7