CAT/C/CR/32/6
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(c)
The lack of an independent system to investigate complaints, and that allegations
of ill-treatment are not always investigated promptly and impartially, resulting in an apparent
situation of impunity for those responsible;
(d)
The reported lack of prompt and adequate access by persons in custody to legal
and medical assistance and to family members, and that access to free legal aid is quite limited
and ineffective in practice. Furthermore, the reported inconsistencies in providing the required
medical records to detainees hinder their ability to lodge complaints and seek redress;
(e)
Poor conditions in homes for persons with mental disabilities and the insufficient
steps taken thus far by the authorities to address this situation, including the failure to amend the
legislation relating to involuntary placement in such an institution for purposes of evaluation and
the lack of judicial appeal and review procedures;
(f)
The legislative and other measures to ensure full respect of the provisions of
article 3 of the Convention continue to be insufficiently effective, and that the allegations
regarding the expulsion of foreigners, especially by order of the National Security Service on
national security grounds, is not subject to judicial review;
(g)
The insufficient data relating to compensation and rehabilitation available to
victims of torture or their dependants in accordance with article 14 of the Convention;
(h)
The extremely poor material conditions prevailing in detention facilities, in
particular in investigative detention facilities, some of which are still underground or lack basic
facilities for outdoor activities, where persons can be held for up to two years, and the lack of
independent inspections of such places;
(i)
The imposition of a particularly strict regime, notably for the first five years, upon
all prisoners serving life sentences.
D. Recommendations
6.
The Committee recommends that the State party:
(a)
Adopt a definition of torture that covers all the elements contained in
article 1 of the Convention and incorporate into the Penal Code a definition of a crime of
torture that clearly reflects this definition. Furthermore, the Committee invites the
State party to consider the advisability of incorporating into law the provisions of Ministry
of the Interior instruction No. I-167;
(b)
Strengthen the safeguards provided in the Code of Criminal Procedure
against ill-treatment and torture and pursue efforts to reduce incidents of ill-treatment by
police and other public officials, and devise modalities for collecting disaggregated data
and monitoring the occurrence of such acts in order to address the issue more effectively.
The State party is encouraged to pursue its efforts to recruit persons of Roma origin into
the police;