A/HRC/19/61/Add.2
(b)
Ensure that legislation concerning evidence presented in judicial
proceedings is brought into line with the provisions of article 15 of the Convention
against Torture in order to exclude explicitly any evidence or extrajudicial statement
obtained under duress, unless the person interrogated affirms the veracity of the
statement before a judge, and that persons convicted on the basis of such evidence are
acquitted and released; and ensure that any allegation of torture and ill-treatment
made in court is promptly dealt with by the judicial authorities without the need for a
specific motion by the defence lawyer;
(c)
Amend the Code of Criminal Procedure and the Law on Procedure and
Conditions of the Detention of Persons Suspected or Accused of Crime to include a
provision on the right of the suspect to one free telephone call with family members or
relatives; and reduce the 12-hour period envisaged for notification of arrest by the
investigator to the family stipulated in article 99 of the Code of Criminal Procedure;
(d)
Amend the Code of Criminal Procedure and other legislative acts
(including the law on operational investigations and search activities) with a view to
ensure that the time period starting from the moment of actual arrest until the formal
initiation of the criminal case is in accordance with international standards, with clear
designation of procedural status, rights and safeguards.
2.
Safeguards and prevention
81.
The Special Rapporteur recommends that the Government:
(a)
Ensure strict adherence to registration from the very moment of
apprehension, abolish unacknowledged custodies and ensure strict surveillance
devices in police stations; make police station chiefs and investigating and operative
officers criminally accountable for any unacknowledged detention and make it a
serious crime; define clearly the ability and obligation of judges to inspect places of
detention and enforce the prohibition on unacknowledged detention and torture by
initiating criminal prosecutions; ensure that access to lawyers of the suspect’s own
choosing is granted from the very moment of apprehension; and repeal the recent
restrictions on access by lawyers to their defendants requiring multiple
authorizations;
(b)
Overhaul the system of State-appointed lawyers completely and replace
it with an open and transparent process of fairly remunerated independent lawyers, a
process that is not controlled in practice by the investigating officers; and foresee the
establishment of national legal aid programmes that guarantee access to a lawyer for
all detainees, including prior to interrogation;
(c)
Set in legislation a minimum timeline within which medical examination
is to be provided without delay, in conformity with the Manual on Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (Istanbul Protocol); ensure timely access to independent
medical examination at all stages of the criminal process, in particular when the
suspect is placed in a temporary police detention facility, when taken out for any
investigative activity, and upon return ensure that a forensic examination is conducted
on the basis of the victim’s application or his/her lawyer’s motion for forensic service
as a matter of law subject to judicial review in the event of delay or refusal, and that
reports of independent forensics are attributed the same evidentiary weight as reports
prepared by State-appointed forensic experts; and ensure that independent forensic
reports are admissible in court upon submission by a defence counsel without any
prior approval by an investigator or a State prosecutor to include them in the case
file;
19
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