A/HRC/28/68/Add.4
(c)
Ensure that all detained persons are guaranteed the possibility to
challenge effectively and expeditiously the lawfulness of their detention by having the
National Agency for Legal Aid lawyers and the judiciary visit places of detention to
locate detainees who are entitled to habeas corpus relief or bail, especially those held
in prolonged pretrial detention;
(d)
Financially invest in the National Agency for Legal Aid so that it has a
robust capacity to operate independently and a sufficient number of qualified lawyers
to provide essential services to persons charged with any offence from the moment of
apprehension through all stages of criminal proceedings, including investigation,
detention, interrogation, arrest and incarceration, to ensure compliance with the rule
of law and to demand improvements as necessary;
(e)
Make video recordings of all statements made to law enforcement
agencies during the investigation and interrogation processes as standard procedure.
Such measures should be considered complementary to the provision of legal
representation during all stages of the interrogation process;
(f)
Ensure the right of detainees to an independent medical examination;
(g)
Ensure that any allegations of torture or ill-treatment are admitted at
any stage of the trial and that courts are obliged to launch ex officio investigations
whenever there are reasonable grounds to suspect torture or ill-treatment;
(h)
Seek technical assistance to strengthen the independence of the judiciary
and improve the training of judges so they can have a more effective role in
safeguarding detainees’ rights at all stages of the proceedings, and be informed of
detainee transfers to another detention facility and post-sentencing matters, such as
the conditions imposed after sentencing, in particular in cases involving life
imprisonment or the death penalty.
109. With regard to the prompt, thorough and impartial investigation of allegations
of torture or ill-treatment, the Government should:
(a)
Establish an effective and independent mechanism that promptly and
effectively investigates all allegations of torture or ill-treatment, prosecutes those
responsible and, if they are found guilty, imposes administrative and judicial penalties
that take into account the grave nature of their acts;
(b)
Establish a judicial commission to investigate whether a paramilitary
unit is operating in parallel to law enforcement agencies and initiate investigations,
prosecutions and convictions, if substantiated;
(c)
Investigate all forced disappearance cases, as the fate and whereabouts
of each victim must be resolved and the perpetrators must be brought to justice to
alleviate the suffering of the families;
(d)
Ensure that victims of torture or ill-treatment obtain redress and fair
and adequate compensation for violations of their rights, including the means for the
fullest rehabilitation possible, establish mechanisms to provide all victims with
medical, psychological and social rehabilitation and ensure they are not subject to
reprisals;
(e)
Ensure that medical staff are able to conduct independent examinations
at the time of arrest, upon transfer to another place of detention or upon request,
without interference by law enforcement personnel or prosecutors;
(f)
Train law enforcement officials, military personnel and prison
authorities in international human rights law to ensure that national procedures are
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