- (ix) inducing generalised fear among certain sections of the population,
- (x) denial of sleep or rest,
- (xi) inflicting shame by stripping a person naked, parading him in a public place, shaving his head or putting marks on his body against his will, or
- (xii) confinement in jails and prisons under intolerable and inhuman conditions or degrading mental treatment or punishment.
No justification for torture. 3.—(1) No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for torture.
(2) Secret detention places, solitary confinement, incommunicado or other similar forms of detention, where torture may be carried on are prohibited.
Non-admissibility of evidence obtained as a result of torture. 4. Any confession, admission or statement obtained as a result of torture shall not be invoked as evidence in a proceeding, except against a person accused of torture as evidence that the confession, admission or statement was made.
Right to complain. 5.—(1) A person who has suffered or alleges that he has been subjected to torture shall have the right to complain to and to have his case promptly and impartially examined by a competent authority.
(2) The competent authority under subsection (1) shall take steps to ensure that the complainant is protected against all ill-treatment or intimidation as a consequence of his complaint or any given evidence.
Assistance in filing complaint. 6. A person who has suffered torture and other cruel, inhuman and degrading treatment or punishment, or any interested party on his behalf, may seek legal assistance in the proper handling and filing of the complaint from the Human Rights Commission, and non-governmental organisations and private persons.
Right to examination. 7.—(1) A person arrested, detained or under custodial investigation shall have the right to be informed of his right to demand a physical and psychological examination by an independent and competent doctor of his own choice after interrogation, which shall be conducted outside the influence of the police or security forces.
(2) The medical report shall include in detail the history and the findings of the physical and psychological examination and shall be attached to the custodial investigation report; otherwise, such investigation report is deemed void.
