A/HRC/19/61/Add.2
at the various stages of custody and judicial process. In practice, however, any torture or
coercion had by then already taken place – at the time of apprehension and transfer to a
police station, an action that is not recorded. The law authorizes police to make an arrest on
suspicion of criminal responsibility and without judicial warrant, which by itself constitutes
an invitation to mistreatment. On the other hand, the law also states that, within three hours
of making an arrest, the police officer must take the person to an investigating officer or
release him or her. The irregular – but almost routine – procedure of unregistered arrest
makes it impossible to establish whether the three-hour maximum term for the first stage of
deprivation of liberty is observed. Similarly, the 12-hour period envisaged for notification
of family members about the arrest by the investigator, as stipulated in article 99 of the
Code of Criminal Procedure, appears to be an ineffective safeguard.
45.
Almost all detainees interviewed indicated that they had been subjected to
mistreatment or beating since the time of apprehension and delivery to the temporary
detention facility for the purpose of extracting a confession. During this unaccounted period
of time, suspects may be held in unofficial detention settings (unregistered custody), such
as in police vehicles or office rooms, where police officers have “conversations” with
suspects or witnesses. This involves inviting a person to the police station without
recording the time and purpose of the visit, and often holding a person incommunicado for
an unlimited period of time. These individuals do not in effect enjoy the rights that are
provided for by criminal procedure law to suspects or accused.
2.
Evidence obtained under torture
46.
The Special Rapporteur received reports according to which, in practice, confessions
obtained under torture are not expressly excluded as evidence in court. Moreover, the
majority of verdicts in criminal cases are mostly based on voluntary confessional
statements made during the investigation or at the time of surrender. In addition, the courts
encourage this practice by giving undue weight to confessions when evaluating evidence. If
a defendant claims during trial that the confession was obtained through torture, the courts
either ignore such statements altogether or conduct a superficial inquiry by simply
questioning the police officers in court. After the officers deny the use of torture, the judge
concludes that the defendant’s allegations are not substantiated and should be treated as an
effort to avoid justice.
3.
Lack of ex officio investigations
47.
Under current legislation, acts of torture and ill-treatment are not investigated ex
officio, but only at the request of the victim once a motion has been received from the
defence lawyer.
48.
The Special Rapporteur received information and heard testimonies according to
which, in trials relating to the violence of June 2010, judges and prosecutors repeatedly
failed to act on information of torture or ill-treatment supplied by defendants or their
lawyers. The Special Rapporteur heard multiple allegations and received reports according
to which judges often ignored allegations of torture made by defendants, or silenced the
defendants to halt descriptions of how they had been ill-treated during investigation. In
several cases, courts dismissed allegations of torture, claiming that the allegations were
groundless because the defendant or his/her lawyer had not submitted complaints to the
prosecutors ahead of the trial.
49.
The decision of the Supreme Court of 20 December 2011 upholding the life sentence
for prominent human rights defender Azimjan Askarov and other defendants convicted in
relation to the violence of June 2010, despite reports of his torture in detention and
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