A/HRC/37/27
miscarriage of justice, including the creation or facilitation of false evidence by the State,
and the subsequent conviction of innocent people, was the worst kind of breach of trust that
a State could commit in relation to its people. State officials benefited from creating trust
between themselves and the people. Prosecutors should not expect to see a confession in
every case or request police to obtain confessions.
21.
Mr. Baldan outlined the human rights training offered to police in Brazil. He spoke
of the need to change police culture and believed that human rights needed to inform all
aspects of police training to entrench ethical values. He underscored that there was no
contradiction between civil liberties and community safety, and urged that military police
not be used to deliver civilian police functions. Police instructors should receive regular
training on human rights issues. Giving examples from the Sao Paulo Academy of Police,
he described how members of the community of lesbian, gay, bisexual, transgender and
intersex persons were invited to meet fortnightly with police trainees to share their
experiences. He also said that Sao Paulo police chiefs had to attend mandatory training on
human rights before promotion, and a postgraduate course in human rights had been
developed for civilian, military and federal police, municipal officials and criminal lawyers.
He spoke of the need to build more knowledge-sharing between academia and the police.
Regarding specific safeguards, he underlined that a detainee’s lawyer should be present
during the initial interrogation at a police station in order for a case to proceed. He
underscored that federal police should take over whenever there was doubt about the
integrity of the local or State police. He also called for routine searches of police stations
and police cars for objects that could be used to inflict torture on detainees.
22.
Ms. Samar referred to torture as an act against collective dignity that must be
combated through a global approach, joint action against cultures of impunity and strong
political will. She spoke about the significant challenges in Afghanistan, namely: continual
instances of mass killings in the country; widespread public belief that torture was the only
way to elicit confessions; the performance by multiple actors (including the intelligence
service, which could arrest people in connection with national security activities) of police
functions; private police forces that operated without transparency or accountability; lack of
appropriate detention centres for the 30,000 people in detention at the time; lack of
awareness of human rights among the general public and law enforcement officers; the
culture of impunity and lack of accountability for acts of torture; the pervasive and
undermining presence of corruption; the continued practice of torture in places of detention;
the lack of compensation and rehabilitation for victims of torture; children being detained
with adults; and the lack of a system of registration to document all detentions.
23.
She referred to the establishment of a 15-member Commission against Torture in
2017, chaired by the Chair of the Afghanistan Independent Human Rights Commission, and
including representatives of the ministries responsible for the interior, for defence and for
justice, the intelligence service, the Attorney General and civil society. The Commission
had made legislative recommendations to assist Afghanistan in complying with its
international obligations. It would be helpful if members of the Commission could follow
up with the Committee against Torture on its recommendations. She also underlined the
importance of torture being prohibited in the Constitution of Afghanistan, and made a
criminal offence under its Penal Code.
24.
In the discussion that followed, the importance of officials breaking rank if they
witnessed torture or ill-treatment of detainees was highlighted. A representative of a
member State referred to the need for: police trainees to receive mandatory courses on
human rights as part of their training; for police to undertake a refresher course every three
years; and for there to be disciplinary action against heads of police divisions if human
rights abuses persisted. A representative of another member State emphasized that many
suspected terrorists had been trained on how to render false allegations of torture credible.
A representative of a third member State asked about the best methods of implementing
legislation designed to prevent, investigate and punish torture, and determining whether
torture had occurred, observing that some allegations of torture seemed to be designed to
impede the progress of criminal trials and generate compensation for detainees. A
representative of another member State noted the growing momentum at the international,
regional and national levels to move away from confessions and adopt investigative
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