A/HRC/13/39/Add.5 punishment for a crime which is generally considered to be one of the worst abuses a human being can inflict on another. (b) Lack of procedural safeguards 81. Individuals suspected of having committed a crime are at a particularly high risk of being tortured during the very early stages of custody. In this regard, procedural safeguards were developed in order to counter this risk, and their implementation is the linchpin efforts to eradicate torture into practice. (i) Notification and registration of arrest 82. One of the most basic safeguards but nonetheless a crucial measure to prevent torture is the notification and adequate registration of any arrest and detention. All persons who are arrested are entitled to have their family members or other close persons promptly notified of the deprivation of liberty and their whereabouts.48 Delays of notification may be permissible when exceptional circumstances of a criminal investigation do require; however, the communication of detainees with their counsel or family, shall under no circumstances be denied for more than a matter of days.49 Furthermore, the authorities are obliged to inform about the reasons and any charges against the person held at the time of arrest.50 83. Authorities have to duly record the time of the arrest and when the arrested person is taken to a place of custody.51 The European Committee for the Prevention of Torture’s (CPT) call for a single and comprehensive custody record for each individual detainee, covering all aspects of a person’s custody, particularly including the exact time of the deprivation of liberty, when detainees are informed of their rights, any signs of injury or mental illnesses, the time of interrogation and provision of food, deserves full support. In addition, such records should be made accessible to the detainee’s lawyer.52 84. The rationale behind the notification and proper recording of arrest and custody is that the open knowledge about the arrest and the place of detention already provides some protection against abuse. By way of notification, it is established that the person is under the authority of the State, which assumes the duty to care for the detainee. Unaccounted places of detention are impermissible. Diligent and un-modifiable records are a crucial contribution to establish a chain of events in cases of abuse and are essential to establish accountability. 85. While in almost all places of detention I have visited at least some records were available, most of them lacked important details or were generally incomplete. In several instances I found detainees in cells which were not documented in the register. The usual explanation I received was that the person had just recently arrived and that the paperwork would still have to be done. This excuse was in most cases difficult to maintain given that the detainees concerned reported to me that they had been detained for several days. On the other hand, I detected persons who were entered in the register but not present in the cell. This of course raises the strong suspicion that detainees were taken away in order to hide them. The usual explanation provided was that the individuals in question were away for further questioning at the criminal investigation department or had an appointment at court. 48 49 50 51 52 A/RES/43/173, Principle 16(1). Ibid., Principles 15 and 16(4) ICCPR, article 9. A/RES/43/173, Principle 12. CPT, The CPT standards, para 40. 25