A/69/44
(c)
Take the necessary legislative and administrative measures to provide
mutual judicial assistance to other State parties in all matters of criminal procedure
regarding the crimes enumerated in article 4 of the Convention, including by
incorporating into national legislation multilateral agreements with mutual assistance
provisions already ratified by the State party.
Training
(23) While noting the inclusion of the prohibition of torture in the Police Training
School-Recruit Manual, the Committee is concerned at the absence of specific and periodic
training on the Convention, and the omission of the absolute prohibition of torture in the
rules and instructions governing military personnel, police officers, prison staff,
immigration officers and law enforcement personnel such as judges, prosecutors and
lawyers. It is also concerned at the fact that the guidelines set out in the Manual on
Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (the Istanbul Protocol, 1999) are not followed in
investigations into cases of torture or ill-treatment (art. 10).
The Committee recommends that the State party:
(a)
Include the absolute prohibition of torture in all the rules and
instructions applicable to civil and military law enforcement personnel, or persons
involved in the custody, interrogation or treatment of persons deprived of their
liberty;
(b)
Disseminate widely training programmes with customized modules on
the Convention to ensure that security and law enforcement personnel, civil and
military, are fully aware of the provisions of the Convention and particularly of the
absolute prohibition of torture;
(c)
Provide training in respect of the Istanbul Protocol on a regular and
systematic basis to medical personnel, forensic doctors, judges, immigration officers,
prosecutors and all other persons involved in the custody, interrogation or treatment
of persons deprived of their liberty, as well as to anyone else involved in investigations
into cases of torture;
(d)
Assess and evaluate as far as practicably possible the effectiveness of
educational and training programmes dealing with the Convention and the Istanbul
Protocol.
Pretrial detention
(24) The Committee welcomes the ongoing reform of the Criminal Procedure Act, aimed
at accelerating trials and enabling the imposition of alternative methods of serving
sentences. The Committee remains concerned, however, at the fact that pretrial detainees
reportedly account for more than half of the prison population. The Committee notes with
concern the excessive resort to imprisonment for minor offences and the current restrictive
use of alternative measures of detention, due in part to the lack of sureties. The Committee
also takes note of information indicating that, although the remand warrant cannot legally
exceed eight days, it is normally not renewed, due to the lack of magistrates, or not
respected. The Committee observes, with concern, that these aspects have a direct impact
on the serious overcrowding of prisons (arts. 2, 11, 12 and 16).
The State party should:
(a)
Ensure that the Criminal Procedure Act 2014 is promptly adopted,
incorporating these recommendations, and is given force of law;
144
GE.14-12596
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