E/CN.4/1997/7/Add.3
page 6
already cooperated. The Minister of Justice, for his part, expressed the view
that, rather than being part of the PTJ, the Institute of Forensic Medicine
should be an independent body attached to the Ministry of Justice.
12.
Non-governmental sources also expressed dissatisfaction with the role
played in many cases by the representatives of the Public Prosecutor’s Office,
whose functions, in accordance with article 83 et seq. of the Code of Criminal
Procedure and article 6 of the Organization Act relating to the Public
Prosecutor’s Office, include supervising the pre-trial steps taken by the
judicial police; investigating arbitrary detentions and promoting steps to end
them; encouraging the exercise of public freedoms and supervising the
activities of the police forces; ensuring respect for the human and
constitutional rights of adults and minors detained in police stations, places
of detention, military detention centres, labour colonies, prisons and
penitentiaries, reform schools and all other detention and internment
establishments; supervising inmates' and internees' conditions of detention,
and taking appropriate legal steps to enforce human rights when it is
established that they have been or are being impaired or violated. The law
also provides for the Public Prosecutor's powers to include access to all of
the above-mentioned establishments. They said that the Public Prosecutor’s
Office is poorly represented or non-existent in remote areas of the country
and that, although some prosecutors are indeed negligent in monitoring the
actions of the police, occasionally out of fear of reprisals, the problem is
also one of lack of personnel, which was confirmed by the Attorney-General's
Office. The same sources also stated that the latter should exercise greater
control over the public prosecutors' work. On this point the representatives
of the Attorney-General's Office told the Special Rapporteur that the Office
included a department of inspection and control and that internal
administrative proceedings were instituted in cases of negligence.
13.
Non-governmental sources also stated that the police forces do not
always provide prosecutors with the information they request, which was
confirmed by the representatives of the Attorney-General's Office. The latter
said that they could not monitor all the actions of the police bodies, but
that they did have access to the daily list of prison admissions, which has to
give the detainee's identity and the cause and date of the detention, which
enables the Public Prosecutor’s Office to verify the deadline for pre-trial
detention. Two types of obstacles, however, were often encountered, the first
regarding police officers under investigation, and the second regarding
judges. They said that, despite the fact that the Public Prosecutor’s Office
had a right of access to police premises, such access was sometimes hampered
by the police themselves, and they mentioned cases in which representatives of
the Public Prosecutor’s Office had been threatened while inspecting reports of
irregularities in certain police stations. They also said that judges
occasionally failed to carry out the appropriate proceedings out of fear or on
account of some sort of prior commitment (political or otherwise), so that the
prosecutor's work was held up by delaying tactics. Alternatively, the judges
limited prosecutors’ access to files or restricted their right to interrogate
defendants.
14.
Torture victims are frequently reluctant to lodge a complaint, either
because they have been threatened with subsequent reprisals, because they
mistrust the judicial system and doubt whether their complaint will lead to
the punishment of those responsible, given the deficiencies in the functioning