A/HRC/13/39/Add.5
standard practice, including on ordinary suspects. Attempts to find an explanation for this
development concern the wider functioning of the criminal justice cycle and the absence of
an effective system of checks and balances. Prosecutors and judges often rubberstamp
applications for extended police custody, without looking into the merits of the individual
request. The motives may vary, but individual prosecutors often seem to lack the
“professional distance” from police authorities and rather engage in a joint effort to fight
crime, while neglecting their fundamental rights obligations.
90.
This leads to suspects being exposed to their interrogators for weeks and months and
finding themselves in a situation which is generally dominated by a feeling of vulnerability
and fear. In many of the police stations I visited, there was a palpable level of fear which
manifested itself inter alia by the strong reluctance of detainees to speak with me. Once
detainees were transferred from the police station to a remand facility, I received numerous
credible allegations from detainees who did not dare to raise them earlier due to fear of
reprisals.
91.
Prolonged detention in police cells raises further serious concern regarding the
conditions of detentions. Police cells are by design not suitable for extended periods of
custody and lack the necessary space and other facilities needed in order to ensure adequate
conditions of detention. Often, detainees in police custody are not even provided food or
water. Furthermore, the practice of excessive length of police custody contributes to
overcrowding which in turn sets the ground for numerous other problems including
hygiene, health, bedding and privacy.
92.
Another consequence of long periods of police custody is that torture traces may
have already disappeared once a detainee is transferred to a remand prison. Against this
background, an investigative officer may be more tempted to coerce a confession since no
external authority will be able to see any traces. The possibility of securing any medical
evidence is more difficult, and the establishment of accountability further unlikely.
(iii)
Inadmissibility of evidence obtained under torture
93.
The inadmissibility of evidence obtained under torture is one of the most crucial
safeguards against abuse in the criminal justice system. Its purpose is twofold: first, given
that the vast majority of torture is inflicted in the course of criminal investigations with the
purpose to extract a confession, the safeguard intends to remove a prime incentive for
torture. Second, evidence obtained under torture is highly unreliable concerning the
veracity of the statements obtained. Declaring the evidence inadmissible helps ensure that
no innocent person is convicted.
94.
The inadmissibility of evidence obtained under torture finds its strongest expression
in article 15 CAT which stipulates that each 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”. Similarly, article 14 (3) (g) ICCPR provides that everyone
has the right “not to be compelled to testify against himself or to confess guilt” and includes
also testimonies obtained by the infliction of CIDT as inadmissible. The Human Rights
Committee expands on the resulting obligations for States and holds that “It is important for
the discouragement of violations under article 7 that the law must prohibit the use of
admissibility in judicial proceedings of statements or confessions obtained through torture
or other prohibited treatment”.55
95.
On the legal level, most States I visited seemed to have complied with this provision
by and large. However there were significant deviations which tended to undermine the
55
CAT/C/CR/33/3, 2004, para. 5 (d).
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