140.The Subcommittee also visited the police premises of the Cobra squad. These are not normally a place of detention but, after the
demonstrations on 12 August 2009, a group of 26 arrested demonstrators were taken there. When the Subcommittee visited these
premises, no detainees were being held there.
141.In general, detainees remain in police custody for a period of approximately 24 hours. If evidence of an offence comes to light
during this period, they are transferred to DNIC for investigation. Once pretrial detention is ordered, they either remain at the DNIC
premises or are transferred to prison. If the evidence attests solely to a minor offence, they are released.
Registration of detention as a safeguard against torture and ill-treatment
142.The Subcommittee found that the record system in the police stations visited is rudimentary and unreliable. It does not allow for
adequate oversight of detainee admissions and releases, so increasing their vulnerability. There is a duty log, in which the duty officer
basically notes staff activities within and outside the police station, and a register of detainees. The latter contains the detainee’s name,
the time of arrival and departure, and the reason for detention. In one case the Subcommittee noted, in connection with an incident
involving more than 30 arrests, that the detentions had been recorded in the duty log but not in the register of detainees. After
analysing the information obtained in the interviews with the various authorities, and with detainees themselves, the Subcommittee
concluded that the records may on occasion have been altered by police officers, and that the information given by detainees
frequently did not match what was given in the registers.
143.None of the police stations visited had a public register of complaints or a record of visits from relatives, lawyers or monitoring
bodies.
144.The Subcommittee considers that keeping proper records of the deprivation of liberty is one of the fundamental safeguards
against torture and ill-treatment and a prerequisite for the effective exercise of due process rights, including the right to challenge the
lawfulness of deprivation of liberty (habeas corpus) and the prompt appearance of a detained person before a judge.
145.Although some police stations had a register of personal effects, the Subcommittee noted that the information contained in the
register of detainee property was inadequate, in that nothing had been recorded since January 2009. Several detainees interviewed
by the Subcommittee stated that their money and other personal effects had been stolen by the police officers involved in their arrest.
146. In light of the foregoing, the Subcommittee recommends that the State party should:
(a) Ensure that a register of admissions is maintained, which should record the precise reasons for the deprivation of
liberty, the exact time when detention began, the length of the period of detention, the authority that ordered the arrest,
and the identity of the law enforcement officials concerned, together with precise information on the place of detention,
the chain of custody, and the time of the detainee’s first appearance before a judge or other officer authorized by law to
exercise judicial power;
(b) Keep records of complaints received, visits from relatives, lawyers and monitoring bodies, and the personal effects of
persons detained;
(c) Train police personnel to use the register in an appropriate and consistent manner; and
(d) Ensure that the register system is closely supervised by senior officers, in order to guarantee that all relevant
information on the deprivation of liberty is systematically recorded.
147.In its response to the Subcommittee’s preliminary observations, the Office of the Attorney-General agreed that the records
system needed to be improved and that an internal oversight system needed to be established.
Information on the rights of detainees
148.If persons deprived of their liberty are to exercise their rights effectively, they must first be informed of and understand those
rights. If people are ignorant of their rights, their ability to exercise them effectively is seriously diminished. Providing persons deprived
of their liberty with information on their rights constitutes a fundamental element in the prevention of torture and ill-treatment. In
accordance with the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, any person
shall, at the moment of arrest and at the commencement of detention or imprisonment, or promptly thereafter, be provided by the
authority responsible for their arrest, detention or imprisonment, respectively with information on and an explanation of their rights and
how to avail themselves of such rights. The Subcommittee interviewed detainees who had not been informed of their rights.
149. The Subcommittee recommends that the State party should take steps to ensure that posters, booklets and other
outreach materials containing clear and simple information on the rights of persons deprived of their liberty are available
in all places of police detention. These materials should expressly mention the right of detainees to physical and mental
integrity and the absolute prohibition on the use of torture or other cruel, inhuman or degrading treatment or punishment.
The Subcommittee also recommends that police officers should be trained to inform detainees systematically of their
rights and assist them in the exercise of those rights from the very start of their detention. This information should be
assembled in a form, which should be handed to and signed by all persons detained. The detainee should keep a copy of
this form.
Risk of confession serving as a basis for conviction
150. The Subcommittee recommends that the State party should guarantee the application in practice of article 101,
paragraph 7, and article 200 of the Code of Criminal Procedure and thus ensure that statements taken by the police
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