CAT/C/CR/30/7
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(i)
Allegations concerning the heavy emphasis put on confessions as a primary
source of evidence in criminal proceedings;
(j)
Reports alleging that immigrants are apparently being detained in poor conditions
in temporary holding facilities;
(k)
Allegations regarding the expulsion of aliens that seem to occur without taking
into consideration the safeguards contained in article 3 of the Convention;
(l)
The poor material conditions prevailing in police detention facilities and prisons,
and the lack of independent inspections of such places. The Committee expresses particular
concern at reports alleging that juveniles are in some cases held together with adults where they
lack education and meaningful activities;
(m)
The lack of training in the prevention of torture of law enforcement personnel,
including doctors dealing with persons deprived of their liberty.
D. Recommendations
6.
The Committee recommends that the State party:
(a)
Ensure that the fundamental safeguards against torture and ill-treatment of
detainees, including those held for administrative offences, are available in practice,
including their right to medical assistance and legal counsel and to contact with their
families from the earliest stages of their detention;
(b)
Incorporate in the new Criminal Code a definition of torture as a separate
crime that is in conformity with article 1 of the Convention;
(c)
Ensure prompt, impartial and full investigations into the many allegations of
torture reported to the authorities, the prosecution and punishment of the perpetrators, as
appropriate, and the provision of just compensation for the victims;
(d)
Discontinue the practice of administrative police detention;
(e)
Establish an independent administrative body competent to deal with
complaints against the police and law enforcement personnel;
(f)
Take effective measures to ensure a fully independent procuracy and an
independent judiciary in conformity with the United Nations Basic Principles on the
Independence of the Judiciary, if necessary by calling for international cooperation;
(g)
in court;
Take measures to ensure that evidence obtained under torture is not invoked
(h)
Take measures to ensure that the requirement of article 3 of the Convention
is taken into consideration when deciding on the expulsion, return or extradition of aliens;