The prohibition of torture by Aisling Reidy

By Aisling Reidy

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Another problematic aspect of investigations can be the lack accessibility of applicants or the relatives of alleged victims to the structures of remedies, including a failure to give information as to the progress of any proceedings or the results of investigations; and a lack of information, or delay in information, being passed on to relatives of persons involved in the incident. 88 The implications of this are discussed below. 100 95 75 25 5 0 Failure to investigate Where allegations are not properly or consistently investigated, the law-enforcement authorities run the risk of sowing the seeds for a cycle of impunity for perpetrators of inhuman treatment.

It can also be part of a general pattern in which conditions of detention themselves are gravely damaging to the mental and physical health of detainees and can amount to ill-treatment or even torture. All authorities who deal with detainees should pay specific attention to the recommendations made by the CPT as to how conditions and safeguards may be improved. For example, where there are problems of overcrowding, leading to appalling conditions of detention, this often stems partly from laws and practices allowing for long pre-trial detention not justified by particular danger of flight or risk of collusion of the suspect.

See, for example: Multi v. Italy, Series A no. 281-C; Susmann v. Germany judgment of 16 September 1996, Reports 1996-IV. In the case of Article 3 the obligation on states to organise their system of detention to ensure that individuals are not kept in degrading conditions will be even more pressing. 62 2nd General Report of the CPT, para. 44. 0 100 95 75 25 5 0 28 100 95 75 25 5 0 100 95 75 25 5 63 7th General Report of the CPT (1997), para. ” 64 The CPT has highlighted this specifically with reference to hygiene needs of women.

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