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excessive use of force, by police and other law enforcement officers and ensure that
perpetrators are prosecuted and the victims receive adequate redress;
(c)
Increase its efforts to systematically provide training to all law
enforcement officers on the use of force, taking into account the Basic Principles on
the Use of Force and Firearms by Law Enforcement Officials;
(d)
Provide all members of the police and other law enforcement officers
with uniforms that include appropriate visible identification to ensure individual
accountability and protection against acts of torture and ill-treatment;
(e)
Undertake efforts to systematically collect data concerning allegations of
excessive use of force by the police made to the police, to the Office of the Ombudsman
for Human Rights and Justice or to other official bodies, and track the progress of
investigations into such cases, including whether any investigations result in
disciplinary proceedings and/or prosecutions, and their outcome, including penalties
imposed, and provide this information to the Committee.
Prompt, thorough and impartial investigations
16.
While taking note of the establishment in 2014 of the police forensic and criminal
investigations unit under the authority of the Ministry of Justice, the Committee is
concerned by the fact that the State party provided no information on the activities
undertaken by this unit with respect to investigating allegations of torture or ill-treatment
during the reporting period (arts. 2, 12, 13 and 16).
17.
The Committee urges the State party to:
(a)
Ensure that all complaints of torture and ill-treatment are promptly
investigated in an impartial manner by an independent body and that there is no
institutional or hierarchical relationship between the body’s investigators and
suspected perpetrators of such acts, and strengthen the capacity of the police forensic
and criminal investigations unit to undertake such investigations;
(b)
Ensure that the authorities launch investigations whenever there are
reasonable grounds to believe that an act of torture or ill-treatment has been
committed;
(c)
Ensure that, in cases of alleged torture and ill-treatment, suspected
perpetrators are suspended from duty immediately for the duration of the
investigation, particularly when there is a risk that they might otherwise be in a
position to repeat the alleged act, commit acts of reprisal against the alleged victim or
obstruct the investigation;
(d)
Compile data on investigations undertaken by the police forensic and
criminal investigations unit and their outcomes and provide this information in the
State party’s next periodic report to the Committee.
Fundamental legal safeguards
18.
The Committee takes note of the procedural safeguards set out in article 60 of the
Code of Criminal Procedure, namely the rights of detainees to be brought before a judge 72
hours after their arrest, to be informed of the reasons for their arrest and of their rights, to
remain silent, to have access to an independent lawyer, if necessary through legal aid, and
to contact relatives. It regrets, however, the lack of information provided on the measures
and procedures in place to ensure the practical application of these and other fundamental
legal safeguards to prevent torture and ill-treatment. In that respect, it has been reported that
detainees are frequently deprived of timely access to a lawyer. It is also concerned at
allegations regarding the failure to maintain accurate detention registers and to adhere to the
72-hour limit for detainees to be brought before the judge (art. 2).
19.
The State party should:
(a)
Ensure that all detainees are afforded, by law and in practice, all
fundamental legal safeguards against torture from the very outset of their deprivation
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