A/65/44
of the Law on State Legal Aid and of the Code of Offences. In addition, the Committee
notes with concern that there is no system of mandatory use of registers in all police
premises, and that, in practice, detainees are not always registered in police stations,
depriving them of an effective safeguard against acts of torture. Furthermore, medical
reports of independent doctors do not have the same evidentiary value as medical reports
issued by medical service staff of the places of detention (arts. 2 and 16).
The State party should:
(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.
38
GE.10-44721
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