A/HRC/37/27
interviewing techniques. The representative stressed that the Convention against Torture
Initiative, established by Chile, Denmark, Ghana, Indonesia and Morocco, supported States
in ratifying and implementing the Convention. The Initiative had launched three online
tools in October 2017 on: developing national anti-torture strategies and action plans;
safeguards in the first hours of police custody; and non-coercive investigative interviewing.
25.
A representative of a national preventive mechanism highlighted the importance of
testing the motivation of applicants for posts in the police and prison service to avoid
employing people seeking positions of power in order to abuse vulnerable groups. A
representative of a national human rights institution noted the lack of data concerning the
number of detainees facing torture. The representative thought that a global database
gathering information about the proportion of detainees subjected to torture in all States and
regions would be helpful.
26.
A representative of an NGO observed that prosecutorial pressure on police to obtain
confessions played a role in the incidence of torture and ill-treatment in police custody, and
emphasized the importance of political leadership in signalling that torture was
unacceptable. The representative referred to paragraph 16 of the Guidelines on the Role of
Prosecutors, which provided that prosecutors should refuse to use evidence that they knew
or believed to have been obtained by torture. They also referred to article 4.3 (f) of the
International Association of Prosecutors’ Standards of Professional Responsibility and
Statement of the Essential Duties and Rights of Prosecutors. The representative highlighted
the importance of providing training on investigative interviewing, the use of evidentiary
tools, such as fingerprinting, and the chain of custody of physical evidence.
27.
The Chair of the Committee against Torture moderated the second part of the
session. The panellists were: Muluka Miti-Drummond, Senior Programme Lawyer at the
International Bar Association’s Human Rights Institute; Suzanne Jabbour, President of the
Restart Centre, Lebanon; and Sofien Mezghich, Adviser and spokesperson at the General
Directorate of Prisons and Rehabilitation.
28.
Ms. Miti-Drummond addressed the ways in which lawyers could prevent torture in
places of detention. The role of prosecutors was to seek justice, not to put someone in jail,
and that meant ensuring that the right person was prosecuted. Prosecutors should make sure
that any information obtained through torture was not used in their cases. She observed that
torture occurred most often when detainees were unable to communicate with the outside
world and emphasized that detainees, even those in solitary confinement, should have
access to their lawyers. She encouraged States to replicate the “lawyer at first instance”
scheme followed by the Geneva Bar Association, under the Swiss Criminal Procedure
Code, whereby detainees saw a lawyer within the first hour of arrest. She suggested that
where such a scheme was not possible, lawyers and representatives of NGOs and bar
associations should visit places of detention to ask why detainees were questioned without
having a lawyer present. She acknowledged that, in some countries, there was a lack of
lawyers. In such circumstances, it was important to use paralegals. They were not a
replacement for qualified legal counsel but were a useful stopgap. In some States, only a
few lawyers were women or members of ethnic minorities.
29.
Ms. Miti-Drummond stressed that lawyers were entitled to know the reasons for
their clients’ detention, the lawfulness of the detention, the legal basis upon which their
clients were being detained and the length of such detention. Such information might assist
them in challenging their clients’ detention. She encouraged lawyers to bring habeas corpus
hearings when an arrest could be challenged on the grounds of lawfulness, and make sure
that bail was applied for whenever possible, so as to reduce the number of detainees in
pretrial detention. Lawyers could also raise the case of detainees who were not formally
their clients but whose situation they became aware of when visiting a place of detention.
Lawyers needed to understand that they had the right to see their client from the moment
they were detained. They should insist if the police refused, petition a court for access to
their clients if necessary and also raise issues of access during trial. Additionally, they
should question whether evidence was properly collected and whether their client gave
information freely. Ms. Miti-Drummond explained that clients did not always realize that
the treatment to which they had been subjected constituted torture or ill-treatment and
lawyers should help them to recognize actions that constituted ill-treatment, such as
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