Laws amended allowing Magistrates to visit police stations to examine the condition of suspects

After the recent amendments brought to the Code of Criminal Procedure Act, the Magistrates are allowed to visit Police stations to examine the condition of suspects arrested and held in police stations.

The Department of Government Printing has published the relevant gazette notification last Friday (16), a piece of significant legislation enacted to ensure that the suspects under police custody are protected to the extent provided for in the Convention Against Torture and other Cruel, Inhuman or degrading treatment or Punishment Act, No. 22 of 1994.

On the 15th of July, the Speaker has placed his signature to endorse the bill after bringing amendments to the Code of Criminal Procedure Act 51 of 1979.

Accordingly, visiting every police station situated within the judicial division at least once every month has been recognised as the duty of every Magistrate to examine the condition of suspects arrested and held in these stations.

According to the new amendments, a new section under 43B has been inserted into the Code of Criminal Procedure Act.

In terms of section 43B (2) (a), a

Magistrate should personally see the suspect, and look into his well-being, welfare and conditions under which he is held at such police stations.

According to the new amendments, if the Magistrate thinks, that the suspect may have been subjected to torture, the Magistrate can direct that the suspect be produced before a judicial medical officer or a government medical officer for a medical examination.

If the report of such a medical officer reveals that the suspect has been subjected to torture, the Magistrate should make an appropriate order, including directions to provide necessary medical treatment to the suspect and change the place of custody of such suspects.

Furthermore, the Magistrate should also direct the Inspector General of Police to commence an investigation into the alleged torture to enable the Attorney-general to institute criminal proceedings against the persons who are alleged to have committed the torture.