during detention, in violation of those provisions, are not taken into account by judges in ruling on interim measures or incriminating or convicting a suspect. In accordance with article 15 of the Convention against Torture, the State party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture. Right to inform a third party of detention 151.The right of persons deprived of their liberty to inform a person of their choice (relative, friend or other) of their detention constitutes a basic guarantee against torture and ill-treatment. According to the testimonies received, this right is not always upheld in Honduras. In addition, given that police stations do not have a budget to feed persons deprived of their freedom, who must therefore depend on their families to supply them either with food or with money to obtain it, the right to inform a third party of detention assumes particular importance, not only from the standpoint of due process but also from that of meeting basic needs. The Subcommittee recommends that the Honduran authorities should ensure the strict respect of this right. Medical examination of the detainee 152.The Subcommittee noted that no medical examinations of detainees were conducted either in the police stations visited or at the DNIC facilities. Medical examinations of persons taken into custody in such places are not a routine practice. Access to a doctor depends on the attitude of the police officers concerned, even where the arrested person has been beaten by the officers themselves. In those cases where the officers do take the prisoners to clinics (satellite emergency clinics), the doctors who carry out the examinations are general practitioners. 153.The Subcommittee found that the medical examinations were superficial and that the format of the forms used was incomplete. There is no routine provision for the kind of thorough medical examination that is required. Those conducted are insufficient and fail to describe adequately (1) the treatment received, (2) the source of any injuries, or (3) the type, location and characteristics of all injuries, details that could serve not only to determine the consistency of reports or complaints of torture, thereby constituting a useful tool for the prevention of torture, but also to preclude false complaints against the police alleging behaviour of this kind. 154.The Subcommittee visited the clinic in Manchén district, where it noted that no record was kept of persons conveyed there by the police. The doctor on duty at the time stated that the police sometimes brought in persons who had been physically and psychologically ill-treated. However, the doctors refrained from alerting the competent authorities to signs of ill-treatment because there was no law requiring them to do so and also because they feared the consequences. The doctor on duty also informed the Subcommittee that the clinic had treated a greater number of injured detainees in July and August 2009, because of the demonstrations. He also mentioned that, while the Office of the Attorney-General did on occasion request information on cases of domestic violence, it had never requested information on cases of torture. 155. The Subcommittee recommends the adoption of appropriate measures to guarantee the availability of a sufficient number of physicians to ensure that all detainees, and not just those held in integrated centres, can be examined, and to ensure that the physicians are allowed to work independently and receive training in examining and recording possible cases of torture or ill-treatment, in accordance with the provisions of the Istanbul Protocol. The Subcommittee also recommends that the fact that a detainee underwent a medical examination, the name of the physician and the results of the examination should be duly recorded. The Istanbul Protocol should be used as an instrument for the improvement of medical and psychological reports and for the prevention of torture. 156.In its response to the Subcommittee’s preliminary observations, the Office of the Attorney-General commented that the situation described merited investigation with the participation of the Medical College of Honduras. The recommendation should be given due consideration and implemented with adequate budget provision and, even though torture was not used as a policy of State repression in Honduras, it was helpful to take the Istanbul Protocol into account with a view to prevention and in order to ensure compliance with article 68 of the Constitution. The Office acknowledged the need to improve the records system and to raise doctors’ awareness of their duty to report to the competent authority all potentially criminal acts which came to their notice in the course of their duties. If they failed to do so, they could be held criminally liable since the conduct of physicians is covered by article 388, paragraph 5, of the Criminal Code. System for the submission of complaints and appeals by detainees 157.The right of any detainee to make a request or complaint regarding their treatment, in particular in the case of torture or illtreatment, to the authorities responsible for the administration of the place of detention, to higher authorities and, when necessary, to appropriate authorities vested with reviewing or remedial powers, constitutes a basic safeguard against torture. The Subcommittee noted that some victims had filed complaints with the public prosecutor, but that the number of such cases was extremely low. 158. The Subcommittee recommends that staff assigned to police stations should systematically provide information to all persons deprived of their liberty about the right to make a request or complaint regarding their treatment in custody. Every request or complaint must be promptly dealt with and replied to without undue delay, and steps must be taken to ensure that the detained person does not suffer prejudice as a consequence of making the complaint. 159. The authorities should ensure that the right to file a complaint or appeal with respect to torture or ill-treatment can be exercised in practice and that the principle of confidentiality is duly observed. Police personnel should not interfere in the complaints procedure or screen complaints addressed to the competent authorities, and should not have access to the content of the complaints. The Subcommittee recommends that rules for the processing of complaints by police officers should be drawn up, which should cover the forwarding of complaints to the competent authorities and the duty to provide the necessary materials for drafting a complaint.