A/69/44
torture and ill-treatment to fair and adequate compensation, including the means for as full
rehabilitation as possible, as required by article 14 of the Convention (art. 14).
The State party should amend its legislation to include explicit provisions on the right
of victims of torture and ill-treatment to redress, including fair and adequate
compensation and rehabilitation, in accordance with article 14 of the Convention. It
should, in practice, provide all victims of torture or ill-treatment with redress,
including fair and adequate compensation, and as full rehabilitation as possible, and
should allocate the necessary resources for the effective implementation of
rehabilitation programmes.
The Committee draws the attention of the State party to its general comment No. 3
(2012) on the implementation of article 14 by States parties, in which it clarifies the
content and scope of the obligation of States parties to provide full redress to victims
of torture.
Statements made as a result of torture
(22) The Committee is concerned at the methods of criminal investigation whereby
confession is relied on as the primary and central element of proof in criminal prosecution.
It is further concerned that the Code of Criminal Procedure provides for “procedural
coercive measures” and that “physical force may be used only to the extent necessary to
eliminate prevention of performance of a procedural step” (arts. 2, 15 and 16).
The State party should:
(a)
Take the steps necessary to ensure in practice that confessions obtained
as a result of torture and ill-treatment, in all cases and in line with domestic legislation
and the provisions of article 15 of the Convention, are not admissible in court;
(b)
Improve the methods of criminal investigation to end practices whereby
confession is relied on as the primary and central element of proof in criminal
prosecution, in some cases in the absence of any other evidence;
(c)
Submit information on the application of the provisions prohibiting the
admissibility of evidence obtained under duress and on whether any officials have
been prosecuted and punished for extracting such confessions.
Involuntary hospitalization and involuntary medical treatment
(23) While taking note that a working group is in the process of drafting amendments to
the Law on Mental Health Care, the Committee is concerned at the absence of legal
safeguards concerning involuntary civil hospitalization and involuntary medical treatment
of persons with mental and psychosocial disabilities in psychiatric institutions. It is also
concerned that courts have only 48 hours to reach decisions on hospitalization (arts. 2, 11
and 16).
The State party should:
(a)
Ensure that the amended Law on Mental Health Care provides
guarantees for effective legal safeguards for all persons with mental and psychosocial
disabilities concerning civil involuntary hospitalization as well as concerning
involuntary psychiatric and medical treatment in psychiatric institutions;
(b)
Review the legal status of patients and ensure that patients’ consent is
requested both with regard to hospitalization and in relation to psychiatric medical
treatment, and that they are allowed to avail themselves of the right to appeal against
the decision;
GE.14-12596
127
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