A/66/44
of seeking Cabinet approval for the domestication of the Convention, which will then be
submitted to Parliament for consideration, in accordance with article 106 of the
Constitution (arts. 1 and 4).
The State party should take the necessary measures to ensure that torture is
established as an offence in its domestic law, and should adopt a definition of torture
that includes all the elements contained in article 1 of the Convention. The State party
should also ensure that such offences are made punishable by appropriate penalties
which take into account their grave nature, in accordance with article 4, paragraph 2,
of the Convention.
Fundamental legal safeguards
(10) The Committee notes the measures adopted by the State party to ensure compliance
with due process, including the right for all detainees to obtain immediate access to a
counsel, to undergo a medical examination, to be informed immediately of their rights in a
language they understand, and to appear before a judge within 48 hours of arrest. It also
notes the establishment of pilot interrogation rooms in some police stations where fixed
closed-circuit television (CCTV) cameras have been installed. However, the Committee
expresses concern about reports that police fail to bring suspects before a judge within 48
hours of arrest, and that some police officers allegedly sign remand warrants themselves
and take suspects directly to prison. The Committee also expresses concern at the very
limited number of legal aid defence lawyers which precludes many defendants from
obtaining legal counsel. Furthermore, it is concerned at the content of sections 10 to 13 of
the Police Service Instruction 171, which provides for medical examinations to be
conducted under the control of Government Medical Officers, who shall be requested to be
present during independent medical examinations (arts. 2, 11 and 12).
The State party should take effective measures to guarantee that the fundamental
legal safeguards for persons detained by the police are respected, including the right
to be promptly informed of reasons for arrest and of any charges against him or her,
the right to appear before a judge within the time limit prescribed by law and the
right to an independent medical examination or a doctor of their own choice.
The State party should also:
(a)
Ensure that all detained persons are guaranteed the possibility to
challenge effectively and expeditiously the lawfulness of their detention through
habeas corpus;
(b)
Make audio and video recording of interrogations of all persons
questioned a standard procedure;
(c)
Expand the number of legal aid defence lawyers;
(d)
Ensure prompt registration of all persons deprived of their liberty and
ensure that custody records at police and prison facilities are periodically inspected to
make sure that they are being maintained in accordance with procedures established
by law;
(e)
Guarantee the privacy and confidentiality of medical information: public
officials should not be present during medical examinations of persons under custody,
save under exceptional and justifiable circumstances.
Absolute prohibition of torture
(11) While noting the information provided by the State party on the relevant
constitutional precepts governing the declaration and administration of a state of
emergency, the Committee is concerned at the absence of clear legal provisions ensuring
GE.11-45568
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