CAT/C/CR/30/1
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(b)
Reports that some persons have been held in police custody much beyond the
time-limit of 48 hours established in the Code of Criminal Procedure, and that in exceptional
circumstances, persons can be held in temporary detention for up to 10 days in local police
facilities;
(c)
The lack, in many instances, of prompt and adequate access of persons in police
custody or remand centres to independent counsel and a medical doctor, which is an important
safeguard against torture; many persons in police custody are reportedly forced to renounce their
right to a lawyer, and medical experts are provided only on the order of an official, and not at the
request of the detainee;
(d)
The fact that, despite the recommendation of the Special Rapporteur on torture,
the remand centre of the Ministry of National Security continues to operate, and that it remains
under the jurisdiction of the same authorities that conduct the pre-trial investigation;
(e)
Reports of harassment and attacks against human rights defenders and
organizations;
(f)
The particularly strict regime applied to prisoners serving life sentences;
(g)
Reports that the ability of detained persons to lodge a complaint is unduly limited
by censorship of correspondence and by the failure of the authorities to ensure the protection of
the complainants from reprisals;
(h)
The reported failure of the State party to provide prompt, impartial and full
investigations into the numerous allegations of torture and ill-treatment, as well as insufficient
efforts to prosecute alleged offenders;
(i)
The fact that no independent body with a mandate to visit and/or supervise places
of detention has been established, and that access by non-governmental organizations to
penitentiary facilities is impeded;
(j)
The fact that very few victims have obtained compensation;
(k)
Reports that, in many instances, judges refuse to deal with visible evidence of
torture and ill-treatment of detainees and do not order independent medical examinations or
return cases for further investigation.
D. Recommendations
7.
The Committee recommends that the State party:
(a)
Ensure that the offence of torture in national legislation fully complies with the
definition provided in article 1 of the Convention;
(b)
Guarantee that, in practice, persons cannot be held in initial preventive detention
(police custody) longer than 48 hours, and eliminate the possibility of holding persons in
temporary detention in local police facilities for a period of up to 10 days;