CAT/C/ZAF/CO/2 decide whether detained persons should receive urgent medical treatment if the detained persons themselves do not request it (art. 2). 13. The State party should: (a) Guarantee that all detained persons are afforded, in law and in practice, all fundamental legal safeguards from the very outset of their deprivation of liberty, including the right to be informed immediately of the charges against them; to have prompt access to a lawyer or to free legal aid during all proceedings; to receive free interpretation services; to be able to notify a relative or another person of their choice about their detention or arrest; to request and receive a medical examination by an independent doctor upon their deprivation of liberty, including by an independent doctor of their choice upon request; and to have their deprivation of liberty recorded at all stages, including transfers to different facilities, in registers that are accessible to their family members and lawyers; (b) Ensure that there is mandatory and systematic medical oversight of police detention and interrogation, including with respect to staffing, equipment and medication, and that police station commanders are automatically informed about allegations of torture, take the necessary action and ensure that the medical practitioner’s report is sent to the Independent Police Investigative Directorate; the State party should also compile statistical data on the number of cases identified through the Directorate, and detailed information on the outcome of investigations concerning these cases; (c) Systematically monitor compliance by all public officials with the fundamental legal safeguards, penalize any failure on the part of officials to comply and inform the Committee in its next periodic report about the results of the monitoring of compliance of public officials with fundamental legal safeguards; (d) Provide information on the complaints received regarding failure to respect fundamental legal safeguards, including the number of complaints received, and on their outcome. Prolonged pretrial detention 14. The Committee is concerned about the persistence of recourse to pretrial detention in the State party, which may not be monitored regularly by a judge and is often prolonged owing to congestion in the judicial case flow, and about the absence of information on whether pretrial detention, which significantly contributes to overcrowding in places of detention, is taken into account in all cases when the serving of the final sentence is calculated (arts. 2, 11 and 16). 15. The State party should: (a) Take all measures necessary to ensure that pretrial detention, in particular of children, is reduced to the extent possible, is exceptional, is appropriately regulated in law and is closely monitored by courts; (b) Ensure that time spent in pretrial detention is taken into account when calculating the time to be served under the final sentence and is carried out in keeping with the provisions of the Convention and of the Guidelines on the Conditions of Arrest, Police Custody and Pre-trial Detention in Africa; (c) Facilitate the work of judicial case-flow management committees and envisage using alternatives to remand detention, as laid out in the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules), the Guidelines on the Conditions of Arrest, Police Custody and Pre-trial Detention in Africa and the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules); (d) Adopt the measures, including in terms of training for judges, necessary to promote the use of alternatives to pretrial detention, in accordance with international standards. 4

Select target paragraph3