crimes, it must not only be strictly limited in accordance with article 6 but it must be
carried out in such a way as to cause the least possible physical and mental suffering.
7.
Article 7 expressly prohibits medical or scientific experimentation without the
free consent of the person concerned. The Committee notes that the reports of States
parties generally contain little information on this point. More attention should be
given to the need and means to ensure observance of this provision. The Committee
also observes that special protection in regard to such experiments is necessary in the
case of persons not capable of giving valid consent, and in particular those under any
form of detention or imprisonment. Such persons should not be subjected to any
medical or scientific experimentation that may be detrimental to their health.
8.
The Committee notes that it is not sufficient for the implementation of article 7
to prohibit such treatment or punishment or to make it a crime. States parties should
inform the Committee of the legislative, administrative, judicial and other measures
they take to prevent and punish acts of torture and cruel, inhuman and degrading
treatment in any territory under their jurisdiction.
9.
In the view of the Committee, States parties must not expose individuals to the
danger of torture or cruel, inhuman or degrading treatment or punishment upon return
to another country by way of their extradition, expulsion or refoulement. States
parties should indicate in their reports what measures they have adopted to that end.
10.
The Committee should be informed how States parties disseminate, to the
population at large, relevant information concerning the ban on torture and the
treatment prohibited by article 7. Enforcement personnel, medical personnel, police
officers and any other persons involved in the custody or treatment of any individual
subjected to any form of arrest, detention or imprisonment must receive appropriate
instruction and training. States parties should inform the Committee of the instruction
and training given and the way in which the prohibition of article 7 forms an integral
part of the operational rules and ethical standards to be followed by such persons.
11.
In addition to describing steps to provide the general protection against acts
prohibited under article 7 to which anyone is entitled, the State party should provide
detailed information on safeguards for the special protection of particularly vulnerable
persons. It should be noted that keeping under systematic review interrogation rules,
instructions, methods and practices as well as arrangements for the custody and
treatment of persons subjected to any form of arrest, detention or imprisonment is an
effective means of preventing cases of torture and ill-treatment. To guarantee the
effective protection of detained persons, provisions should be made for detainees to be
held in places officially recognized as places of detention and for their names and
places of detention, as well as for the names of persons responsible for their detention,
to be kept in registers readily available and accessible to those concerned, including
relatives and friends. To the same effect, the time and place of all interrogations
should be recorded, together with the names of all those present and this information
should also be available for purposes of judicial or administrative proceedings.
Provisions should also be made against incommunicado detention. In that connection,
States parties should ensure that any places of detention be free from any equipment
liable to be used for inflicting torture or ill-treatment. The protection of the detainee