A/67/44
Coerced confessions
(22) While it takes note of the constitutional safeguards and the provisions of the
Criminal Procedure Act establishing the inadmissibility of evidence obtained through
torture, the Committee expresses concern about reports of the use of coercive methods
during questioning, in particular sleep deprivation, solitary confinement and exposure to
sudden temperature changes. The Committee notes the information provided by the State
party which indicates that during the period under review no cases were dismissed because
the evidence or testimonies submitted were obtained through torture or ill-treatment,
although, according to the delegation, neither was torture as a procedure invoked in any
case (arts. 2 and 15).
The State party must adopt effective measures that guarantee in practice the
inadmissibility of coerced confessions. The State party should ensure that law
enforcement officials, judges and lawyers receive training in how to detect and
investigate cases where confessions are obtained under duress.
Training
(23) The Committee takes notes of the information provided about the technical and
vocational training programmes available to medical personnel, members of the National
Revolutionary Police, prison officers and justice officials but regrets the paucity of
available information on the evaluation of these programmes and their success in reducing
the incidence of torture and ill-treatment. The Committee also notes that the State party has
submitted no information about specific training programmes or the use of the Manual on
Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (Istanbul Protocol) (art. 10).
The State party must:
(a)
Continue to prepare and run training programmes to ensure that judges,
public prosecutors, law enforcement officials and prison officers are fully aware of the
provisions of the Convention, that breaches are not tolerated but investigated, and
that the perpetrators are brought to trial;
(b)
Develop and implement a methodology for assessing the effectiveness
and impact of training programmes in reducing the incidence of torture and illtreatment;
(c)
Ensure that all relevant personnel receive specific training in the
Istanbul Protocol.
Redress, including compensation and rehabilitation
(24) While taking note of the information provided in the periodic report concerning
avenues of redress for civil liability and the institutional mandate of the Compensation
Fund, the Committee is concerned that victims of torture or ill-treatment cannot obtain
compensation if the perpetrator of the acts of torture or ill-treatment has been the subject of
disciplinary rather than criminal sanctions. The Committee further regrets that the State
party has provided no information on the reparation and compensation measures, including
rehabilitation, ordered by the courts and effectively provided to victims of torture and illtreatment (see A/53/44, para. 117) (art. 14).
The State party should:
(a)
Ensure that all the victims of torture and ill-treatment obtain redress
and have a legally enforceable right to fair and adequate compensation, including the
means for the fullest possible rehabilitation;
GE.12-44492
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