CAT/C/MDA/CO/2 (a) Ensure in practice that every detainee, including when detained under the administrative law, is afforded all fundamental legal safeguards during his or her detention. These include, in particular, from the actual moment of deprivation of liberty, the right to have access to a lawyer and to have an independent medical examination, to notify relatives in a timely manner and to be informed of his or her rights, including grounds for the detention. The State party should ensure that arbitrary detention does not take place, that all detained persons are brought promptly before a judge and are guaranteed the ability to challenge effectively and expeditiously the lawfulness of their detention through habeas corpus; (b) Introduce a procedure of mandatory medical examination for detainees on each entry and departure from the temporary detention facilities, similar to the one established under article 251, section 1, of the Enforcement Code, for convicted persons in penitentiary institutions; (c) Ensure in practice that the findings and medical reports of independent doctors whose medical opinion may be requested on the basis of article 5, paragraph (e), of the 2005 Law on the Rights and Responsibilities of Patients and/or article 251, section 4, of the Enforcement Code, are given the same evidentiary value by the State party’s courts as medical reports issued by medical service staff of the places of detention; (d) Adopt regulations requiring mandatory use of registers in all police premises in conformity with the relevant international agreements, particularly the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. Registration should contain information on the identity of the detainee, date, time and place of the detention, the identity of the authority that detained the person, grounds for the detention, date and time of admission to the detention facility, state of health of the detainee upon admission and any changes thereto, time and place of interrogations, with names of all interrogators present, as well as the date and time of release or transfer to another detention facility. The State party should also ensure that all detainees, including minors, are included in a central register that functions effectively. Independence of the judiciary 11. The Committee remains concerned at the dysfunction of the judiciary in general and of the criminal justice system in particular, firstly, because of the lack of independence of the judiciary, and secondly, because of the lack of security of tenure for judges (arts. 2, 15 and 16). The State party should take effective and efficient measures to ensure the independence of the judiciary in accordance with the Basic Principles on the Independence of the Judiciary, if necessary by recourse to international cooperation. Pretrial detention 12. The Committee expresses its concern at the system of pretrial detention, in which lengthy periods are set by reference to the penalty for the offence of which the person stands accused (arts. 2, 11 and 16). The State party should take appropriate measures to ensure that its pretrial detention policy is appropriate to the unconvicted status of persons in detention, meets international standards, inter alia, the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, and that such detention is used as an exceptional measure for a limited period of time. Furthermore, the 4 GE.10-41468

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