CAT/C/SWE/CO/5
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the State party should take effective measures to ensure that it complies fully with its
obligations under article 3 of the Convention in order to prevent similar incidents
from occurring in the future.
14.
The Committee notes that the State party is in the process of negotiating a Memorandum of
Understanding with the Government of Afghanistan in connection with its participation in the
International Security Assistance Force (ISAF) operation. (art.3)
It is the Committee’s constant view, as reiterated in its General Comment on article
2 of the Convention (CAT/C/GC/2) that article 3 of the Convention and its obligation
of non-refoulement apply to a State party’s military forces, wherever situated, where
they exercise effective control, de jure or de facto, over an individual. With regard to
the possible transfer of detainees within a State party’s effective custody to the
custody of any other State, the State party should ensure that it complies fully with
article 3 of the Convention in all circumstances.
Training
15.
The Committee notes with appreciation the detailed information provided by the
State party on training programmes for, inter alia, the police forces, the Prosecution Authority and
the Prison and Probation Administration, including prison staff. The Committee also welcomes the
information provided on the special police tactics, including employment of non-violent means and
crowd control. However, the Committee regrets the limited information provided on monitoring
and evaluation of such training programmes and the lack of available information on the impact of
the training conducted for law enforcement officials and prison staff, and how effective the training
programmes have been in reducing incidents of torture and ill-treatment. (art. 10)
The State party should further develop educational programmes to ensure that all
law enforcement officials and prison staff are fully aware of the provisions of the
Convention, that breaches will not be tolerated and will be investigated, and that
offenders will be prosecuted. All relevant personnel, including Swedish embassy staff,
should receive specific training on torture and ill-treatment and the Committee
recommends that the Istanbul Protocol (Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment) become an integral part of such training. Furthermore, the State party
should develop and implement a methodology to assess the effectiveness and impact
of such training/educational programmes on the reduction of cases of torture,
violence and ill-treatment.
Imposition of restrictions on remand prisoners
16.
The Committee expresses its concern at information that between 40 to 50 per cent of
remand prisoners are subjected to restrictions and that remand prisoners are currently unable to
effectively challenge and appeal decisions to impose or maintain specific restrictions. The
Committee also regrets the lack of official statistics on the use of such restrictions. However, the
Committee notes that a proposal of the special investigator appointed by the Government, which
includes regulatory changes aimed at securing a uniform and legally secure use of restrictions, is
currently under consideration in the Ministry of Justice. (arts. 2, 11 and 16)