A/HRC/37/27
measures guaranteeing the protection of alleged victims of torture. A representative of a
third NGO suggested that courts could be established in prisons to hear allegations of
torture and ill-treatment. A representative of another NGO underlined that detainees often
paid bribes to secure early release and the link between torture and corruption should be
explored by national preventive mechanisms working alongside anti-corruption bodies. The
representative also observed that national preventive mechanisms took a proactive approach
and complaints mechanisms were reactive in nature so it would be best if a national
preventive mechanism did not also serve as a complaints mechanism.
IV. Conclusions and recommendations
46.
The practical steps that need to be taken to achieve criminal justice, in a way
that is compliant with human rights, were highlighted at the seminar. There are clear
safeguards that need to be in place to ensure that effective criminal investigations can
be conducted in a way that is compliant with human rights, especially in relation to
the prohibition of torture or cruel, inhuman or degrading treatment or punishment.
The examples given included having an immediate and comprehensive registration
system of all detainees and ensuring that detainees, including those in solitary
confinement, have access to adequate and prompt legal assistance, a medical
examination (including physical and psychological examinations) upon admission to a
place of detention and contact with family members. It was emphasized that a
detainee’s lawyer should be present during police questioning. The practice of video
recording police interviews was also stressed as being a good one. In terms of medical
care provided to detainees, it was underlined that it should be free to access,
equivalent to care given by community health-care professionals, confidential, based
on patient consent and a preventive and humanitarian approach, and be delivered by
professionals operating independently and competently. The crucial role played by an
independent and impartial judiciary in preventing torture was also highlighted.
Particular attention was given to the judicial review of detention, which should be
held promptly following arrest 11 and involve a detainee, with the assistance of a
lawyer, being brought before a judge.
47.
Implementation of safeguards is key and more work needs to be done to collect
and document best practices and provide guidance. States must demonstrate the
political will to end torture in police custody and pretrial detention, thereby sending a
clear and unambiguous message to all concerned that torture and ill-treatment are
unacceptable.
48.
The issue of training and practical tools, based on the understanding that there
is no contradiction between civil liberties and community safety, being provided to,
and implemented by, all those involved in the penal chain, in particular law
enforcement officers, was discussed. A change of mindset in police training, to
encourage police to seek out the truth and not simply gather information to confirm
their belief of guilt, is needed. Attempts to move away from a confession culture, and
the introduction by some States of investigative interviewing techniques that avoid
coercion, are encouraging.
49.
It was also stressed that States should ensure that effective and gender-sensitive
complaints, monitoring and oversight mechanisms were in place to address allegations
of torture. The findings of the different oversight mechanisms should be duly taken
into consideration by States and the recommendations made should be implemented.
50.
Tackling a culture of impunity for acts of torture and other cruel, inhuman and
degrading treatment or punishment during police custody and pretrial detention is
essential. Accountability for violations is paramount in order to guarantee non-
11
14
See Human Rights Committee, general comment No. 35 (2014) on liberty and security of person,
para. 33.
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