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(e) Identify reasons leading prisoners to committing such desperate acts as selfmutilation and provide appropriate remedies;
(f) Establish a health service independent from the Ministry of Internal Affairs and
Ministry of Justice to conduct examinations of detainees upon arrest and release,
routinely and at their request, and ensure that judges deal with evidence of torture and
ill-treatment of detainees and order independent medical examinations or return cases for
further investigation; and
(g) Ensure that all instances of death in custody are promptly, impartially and effectively
investigated and that those found responsible for any deaths resulting from torture, illtreatment or wilful negligence leading to any of these deaths are prosecuted.
Independent monitoring of places of detention
22.
While welcoming the creation in 2004 of the Central Public Monitoring Commission and in
2005 of regional independent public monitoring commissions with the power to inspect detention
facilities, the Committee remains concerned that their access to IVSs is neither automatic nor
guaranteed and that their access to medical institutions has yet to be considered. Furthermore, it has
been reported that the commissions have not been granted the right to make unannounced visits to
detention facilities, that they are not always given unimpeded and private access to detainees and
prisoners, and that some inmates have been subjected to ill-treatment after having reported to the
commissions’ members (arts. 2 and 11).
The State party should guarantee that the commissions have the unrestricted right
to conduct unannounced visits to all places of detention in the country at their own
initiative, including medical institutions, and it should ensure that detainees who
report to commissions’ members are not subjected to any form of reprisal. The
State party should also speedily establish or designate a national preventive
mechanism for the prevention of torture and take all necessary measures to ensure
its independence, in accordance with the provisions of the Optional Protocol of the
Convention.
23.
The Committee welcomes the creation of the Human Rights Commissioner (Ombudsman) in
2002 with a broad mandate and notably the competence to consider communications of human rights
violations and to conduct visits of places of deprivation of liberty. The Committee notes however with
concern that the ombudsman’s competencies are substantially limited and that it lacks independence
due to the fact that it does not have its own budget. The Committee notes with further concern that the
mandate of the Human Rights Commissioner does not empower it to investigate action taken by the
Prosecutor’s office (arts. 2,11,13).
The State party should transform the Human Rights Commissioner into a fullfledged national human rights institution, operating on the basis of a law adopted
by Parliament, with adequate human, financial and other resources and in
conformity with the Paris Principles.