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 also requires that prompt and
regular access be given to doctors and lawyers and, under appropriate supervision when the
investigation so requires, to family members.
12.
It is important for the discouragement of violations under article 7 that the law must
prohibit the use of admissibility in judicial proceedings of statements or confessions obtained
through torture or other prohibited treatment.
13.
States parties should indicate when presenting their reports the provisions of their criminal
law which penalize torture and cruel, inhuman and degrading treatment or punishment, specifying
the penalties applicable to such acts, whether committed by public officials or other persons acting
on behalf of the State, or by private persons. Those who violate article 7, whether by encouraging,
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