CAT/C/RWA/CO/1
Fundamental legal safeguards
12.
While noting that fundamental legal safeguards for detainees are provided for in the
legislation of the State party, the Committee is concerned at reports that with regard to
detainees held in police stations, prisons or other detention facilities, fundamental legal
safeguards are not systematically applied in accordance with international standards. The
Committee is particularly concerned that detainees can allegedly be held for a long period
in pretrial detention without appearing before a judge, and that they do not have access to a
lawyer or a doctor of their choice or to an independent medical examination, in accordance
with international standards. In addition, they do not have the right to notify a family
member or a relative. The Committee is further concerned at the lack of a centralized
registration system of those deprived of their liberty (art. 2).
The State party should take prompt and effective measures to ensure, in law and in
practice, that all detainees are afforded all legal safeguards from the very outset of
their detention. These include the rights of each detainee to be informed of the reasons
for his/her arrest, including any charges against him/her; to be informed of his/her
rights in connection with his/her detention; to have prompt access to a lawyer or, if
necessary, to legal aid, and to be able to consult privately therewith; to have access to
an independent medical examination, preferably by a doctor of his/her choice; to
notify a relative of his/her detention; to have a lawyer present during any
interrogation by the police; to be assisted by an interpreter, if necessary; to be
brought promptly before a judge and to have the lawfulness of his/her detention
reviewed by a court.
The State party should ensure that public officials, in particular judicial officers,
medical officers, prison doctors, prison officials and magistrates who have reasons to
suspect an act of torture or ill-treatment, record and report any such suspected or
claimed act to the relevant authorities. The State party should also consider
establishing a centralized registration system of those deprived of their liberty
System of monitoring places of detention
13.
The Committee notes the existence of laws, regulations and instructions as well as
information that the National Commission for Human Rights, the Office of the Ombudsman
and some non-governmental organizations are monitoring police stations and prisons.
However, the Committee is concerned at the lack of a mechanism to ensure the monitoring
of all places of detention. It also regrets the limited information provided about the
existence of a complaints mechanism in such detention facilities, including possibilities to
lodge complaints without fear of reprisal (arts. 2, 11, 12, 13 and 16).
The State party should facilitate the conduct of more visits to places of deprivation of
liberty by institutions and non-governmental organizations for monitoring purposes,
and ensure that detainees can lodge complaints without fear of reprisal. Complaints
should be promptly, impartially and independently investigated.
Enforced disappearances
14.
The Committee expresses its concern about reported cases of enforced
disappearance and the State party’s failure to provide information about the whereabouts of
the disappeared or to thoroughly investigate the disappearances, particularly in the cases of
André Kagwa Rwisereka and Augustin Cyiza. The Committee is also concerned that 21 of
the 24 cases submitted to the State party by the Working Group on Enforced or Involuntary
Disappearances remain outstanding (arts. 2, 11, 12, 13, 14 and 15).
The State party should take all appropriate steps to effectively protect all persons
from enforced disappearance. It should ensure that all cases of enforced
disappearance are thoroughly investigated and that those responsible for enforced
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