A/HRC/31/L.26/Rev.1
6.
Also stresses the obligation of States to ensure that anyone who is arrested is
informed at the time of arrest of the reasons for the arrest, and is promptly informed of any
charges against him or her in accessible forms of communication, including in a language
that he or she understands, and be provided with information about and an explanation of
his or her rights;
7.
Calls upon States in the context of criminal proceedings to ensure access to
lawyers from the outset of custody and during all interrogations and judicial proceedings, as
well as timely access of lawyers to appropriate information to enable them to provide
effective legal assistance to their clients;
8.
Encourages States to ensure that a proper and consented medical examination
by a medical practitioner is available to persons in police custody and pretrial detention as
promptly as possible after their admission to the place of detention, and to ensure that the
results of every examination and relevant statements by the detainee and the medical
practitioner’s conclusions are duly recorded and made available to the detainee in
accordance with relevant rules of domestic law;
9.
Also encourages States to ensure the compilation and maintenance of up-todate official registers and/or records of persons in police custody or pretrial detention,
which, as a minimum, contain information about (a) the reasons for the arrest; (b) the time
of the arrest and the taking of the arrested person to a place of custody, as well as that of his
or her first appearance before a judicial or other authority; (c) the identity of the law
enforcement officials concerned; (d) precise information concerning the place of custody;
and to communicate such records to the detained person or his or her counsel, as prescribed
by law;
10.
Stresses the importance of developing corroborating methods of crime
investigation to eliminate or reduce sole reliance on confessions for the purpose of securing
convictions, and the importance of seeking corroborative evidence through all available
modern, scientific methods of crime investigation, including through appropriate
investment in equipment, skilled human resources and international cooperation on
capacity-building;
11.
Also stresses the importance of keeping under systematic review
interrogation rules, instructions, methods and practices, and of developing domestic
guidelines on how to conduct interrogations with a view to preventing any cases of torture
and other cruel, inhuman or degrading treatment or punishment;
12.
Urges States during reviews of domestic interrogation rules, instructions,
methods and practices to ensure that they observe their international obligations, that
safeguards against torture and other cruel, inhuman or degrading treatment or punishment
are in place, and that during such reviews they are mindful of the particular importance of
safeguards, to ensure that:
(a)
The physical environment and conditions during interrogation are humane;
(b)
The length of interrogation sessions are in accordance with obligations under
international human rights law, including the prohibition of torture and other cruel,
inhuman or degrading treatment or punishment;
(c)
Interrogated persons are not subjected to coercive methods of interrogation
that impair their capacity of decision or their judgement, or forces them to confess,
incriminate themselves or testify against any other person;
(d)
All persons during police custody and pretrial detention subjected to
interrogation are afforded the right to the presence and assistance of a lawyer and, if
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