A/HRC/43/49/Add.1
(f)
Establish a single national register of detention that includes factual
details about detention, including transfers, and ensure that it contains the exact date,
time and place of detention from the outset of deprivation of liberty and not only from
the time of writing of the detention record;
(g)
Approve the bill on legal aid pending with the parliament and financially
invest in a legal aid programme 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;
(h)
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;
(i)
Ensure the right of detainees to an independent medical examination;
(j)
Ensure that photographic documentation of trauma injuries becomes an
obligatory routine practice and provide all medical services with adequate equipment
for this purpose;
(k)
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;
(l)
Develop capacity-building to ensure that law enforcement (gendarmerie
and National Police Intervention Unit) officers are properly supervised and trained in
science-based non-coercive interviewing techniques rather than confession-based
coercive interrogations;
(m) Ensure that general prison staff receive adequate training on how to deal
with particularly vulnerable categories of detainees and how to identify signs of
torture and ill-treatment;
(n)
Financially invest in national human rights institutions and mechanisms
so that they have a robust capacity to operate independently to ensure proper
monitoring, reporting, compliance with the rule of law and to demand improved
safeguards as necessary;
(o)
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 post-sentencing
matters, such as the conditions imposed after sentencing, in particular in cases
involving life imprisonment or the death penalty.
113. 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 (such as a national
preventive mechanism upon ratification of the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment)
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)
Ensure that perpetrators of torture or other cruel, inhuman or
degrading treatment or punishment are held criminally responsible and that adequate
penal sanctions and disciplinary measures are imposed on convicted perpetrators;
(c)
Ensure that medical staff are able to conduct independent examinations
that meet the recommendations of the Istanbul Protocol, at the time of arrest, upon
transfer to another place of detention or upon request;
(d)
Train law enforcement officials and prison authorities in international
human rights law to ensure that national procedures are compliant and that
preventive measures to eliminate torture and ill-treatment are integrated into their
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