mobile phone, not a landline. This was corroborated by the police. The delegation members heard testimony from a person whose brother had been detained but he had not learned of his brother’s situation until much later. This person informed the members of the delegation that his brother had been subjected to torture and cruel treatment, with serious physical consequences. The Subcommittee recommends that the right to notify friends or family members of detention be included in the text setting out the rights of persons deprived of their liberty and that they be informed of that right and be asked to sign a form indicating the person they wish to have notified of their detention. The Subcommittee believes that police personnel should receive training in how to inform detainees of their rights and how to comply with that right by notifying the indicated person. (e)Right to counsel as a safeguard against torture and ill-treatment 126.The Subcommittee considers access to a lawyer an important safeguard against the risk of torture and cruel, inhuman or degrading treatment. Access to counsel is a broad concept that goes beyond the provision of legal assistance exclusively for defence purposes. The presence of a lawyer may deter officials who might otherwise try to obtain information from detainees through coercion, threats or some type of abuse. Similarly, the presence of an attorney during police questioning may afford protection to the police officers themselves against possible unfounded allegations of ill-treatment. Detainees are entitled to assistance of counsel, and the competent authority must inform them of this right promptly after their arrest and provide the means for exercising it. The Subcommittee wishes to remind the State party that persons who are detained have the right to consult an attorney in private from the outset of their detention and that, in the event that they have been victims of torture or ill-treatment, access to defence will facilitate the necessary mechanisms for reporting those acts. 127.The more a detainee is isolated from contact with the outside world, the greater the risk of torture and ill-treatment. The right to consult an attorney is an important means of preventing such situations, as well as a safeguard of due process. 128.The delegation received extensive information from a variety of sources and interviews which showed that many public defenders, particularly at the local level, were not providing a technically adequate defence in the first 48 hours of detention; indeed, sometimes the public defenders were not even present when the prosecutor took statements from accused persons, although they later signed the statements as if they had been present. Members of the delegation noted that in such situations there is no defence per se. The Subcommittee emphasizes that all persons deprived of their liberty should enjoy access to a lawyer from the outset of detention. In order to avoid situations that create a risk of torture or ill-treatment, the Subcommittee considers it essential for the State to ensure the presence of a lawyer or public defender in cases in which detainees cannot afford to pay for legal counsel. 129. The Subcommittee recommends that the State take the necessary steps to ensure that a sufficient number of public defenders are available 24 hours a day to provide effective and timely legal assistance for people who require it, from the moment they are arrested and before they are taken into custody by the Office of the Public Prosecutor. (f)Medical examinations 130.Medical examination and an accurate record of injuries suffered by people who are deprived of their liberty constitute an important safeguard for the prevention of torture and ill-treatment. 131.The Subcommittee is of the view that if detainees are mistreated by police, they will understandably be afraid to tell anyone about the ill-treatment while they are in custody. The State party should offer all detained persons a proper medical examination as soon as possible after they enter a place of detention. If a detained person decides to file a complaint of torture or ill-treatment, they should have the opportunity to see a doctor because consultations with doctors generally take place in private, and if someone has suffered injuries, a doctor will be best able to examine that person and issue an opinion as to whether or not such injuries do, in fact, exist. The Subcommittee believes that ensuring that persons deprived of their liberty are examined by a physician in private, without the presence of members of the police force, could deter officials from engaging in acts of torture or ill-treatment. 132.The Subcommittee believes that providing access to a doctor serves both as a safeguard against ill-treatment and as a means of responding immediately to any health problem or illness that a person deprived of liberty may be suffering. The police should ensure that all detainees undergo a medical examination at the time they enter detention, and detainees should have access to a doctor whenever needed. If a physician is not available at that time, the detainee should be examined by a nurse initially and then be reexamined by a physician as soon as possible. 133.The Subcommittee also recommends that medical examinations be conducted in accordance with the principle of doctor-patient confidentiality: no one other than medical personnel and the patient should be present during the examination. In exceptional cases, if the doctor considers that a detained person poses a danger, special security measures, such as the presence of a police officer nearby, can be taken. Except in such situations, police officers should not be within hearing or sight of the place where the medical exam is performed. 134.The delegation noted that medical examinations were not being performed routinely at all police stations. Moreover, when they were performed, they were not always carried out without the presence of an officer. Such circumstances should be noted in the medical report. Members of the delegation also observed that the medical examination form did not contain a space for reporting evidence of violence or establishing a record of the detainee’s treatment by the police, nor was there a space for evaluating the origin and age of injuries or the degree of consistency between a history of violence, health status and clinical findings. The Subcommittee believes that the form used in the State party for medical examination should be amended to remedy these shortcomings. 135.The delegation observed that in some of the places visited, medical examinations were very cursory. For example, in the Office of the Attorney-General of Nuevo León, one of the doctors in the delegation observed that recently arrived detainees were given a

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