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immediately. It is especially concerned by credible allegations that law enforcement
officials use extensions of police custody to extort money (arts. 2 and 11).
The State party should, without delay, implement measures to ensure that all basic
guarantees are applied to all suspects from the moment of their arrest, in particular
the rights to: access to a lawyer; to be examined by an independent physician; to
contact a relative or friend; to be informed of one’s rights from the moment of
detention, including the right to be informed of the charges; and to be brought
promptly before a judge. Furthermore, the authorities should systematically and
regularly update detention registers, which should contain the name of every detainee,
the identity of arresting officials, the date of the detainee’s admission and release, and
all other information required for such registers.
Accessible complaints mechanism and legal aid
(12) The Committee is concerned by allegations that victims and especially women
victims of torture or cruel, inhuman or degrading treatment have difficulty accessing
justice. It is also concerned that legal assistance is available only to accused persons who
face a life sentence or capital punishment (arts. 2 and 11).
The State party should take steps to facilitate access to justice for all victims of torture
or cruel, inhuman or degrading treatment and make legal aid available to all those
persons who need it, regardless of the sentences they face.
Habeas corpus
(13) The Committee notes the provisions in the Code of Criminal Procedure on habeas
corpus and compensation for improper pretrial detention. However, it is concerned that a
writ of habeas corpus must be accompanied by an order of release from the State
prosecutor. It is also concerned that a claims commission set up under article 237 of the
Code of Criminal Procedure is still not working (art. 2).
The State party should revise its Code of Criminal Procedure to allow anyone with a
writ of habeas corpus to be released immediately. The State party should also activate
the claims commission without delay.
Pretrial detention
(14) In spite of the State party’s explanations, the Committee remains deeply concerned
by the high number of persons held in pretrial detention – 14,265 compared with 8,931
convicted prisoners in 2009. It is also concerned that the maximum period of pretrial
detention provided for under article 221 of the Code of Criminal Procedure, 12 months in
the case of ordinary offences and 18 months for serious offences, is not observed (art. 2).
The State party should take urgent steps to reduce the period of pretrial detention, in
particular by ensuring that the maximum detention periods provided for under
pretrial detention legislation are observed and by applying the principle that pretrial
detention should be viewed as an exceptional measure.
Prison conditions
(15) While taking note of projects initiated by the State party, with support from the
international community, and the State party’s commitment, made at the time of its
universal periodic review (A/HRC/11/21/Add.1, recommendation 76 [14, 21 and 33]), to
improve prison conditions, the Committee remains deeply perturbed by the deplorable
living conditions in places of detention. The Committee has received reports of prison
overcrowding; violence among prisoners; corruption (such as the renting of prison cells and
sale of medical equipment); the lack of hygiene and adequate food; health risks and
inadequate health care; the violation of the right to receive visits; and reports that some
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