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assistance is provided to suspects. Lawyers must be provided with unhindered access
to their clients, without the need for any approval from prosecutors or investigators.
4.
Medical screening
49.
Initial medical screening is normally conducted upon arrival at temporary detention
facilities (IVS). However, it appears that the screening is routinely conducted in the
presence of police officers and superficially, and that the person conducting the screening
reports to the Ministry of Internal Affairs. Also, the Subcommittee learned that the initial
screening is performed unevenly across the country. During transfers, the results of medical
screening are kept in the personal files of inmates, making it impossible for the oversight
mechanisms to have the full picture of the number of people delivered with injuries.
50.
The Subcommittee recommends that initial medical screenings be carried out
rigorously, and that clear and detailed records be established, which should be
accessible at all times as part of the record of any detention facility. Medical personnel
conducting such screenings should be independent from the administration of the
detention facility to allow for impartial results and proper follow-up. The
Subcommittee recommends that the State party improve its training of medical
personnel, particularly on the Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (Istanbul Protocol) and other international standards. In addition, the
Subcommittee recommends that health professionals immediately report suspicions of
torture and ill-treatment to appropriate authorities so that an independent
examination may be conducted in accordance with the Istanbul Protocol. The
confidential medical report should be made available to the detainee and to his or her
counsel.
5.
Registers, books, video monitoring
51.
The Subcommittee welcomes that in several locations an electronic database system
and video monitoring were functioning. However, while numerous records and registers
exist in temporary detention facilities, including lists of detainees, paper-based recordkeeping is inconsistent and incoherent in all places visited, and in police stations visitor
registers do not reflect the movements of the persons brought in from other pretrial
detention facilities.
52.
The Subcommittee recommends that a single online registry be established to
avoid duplication and confusion. The system should allow for a quick search of any
person, to ensure that information can be accessed as needed by the prosecutors, next
of kin and lawyers. The State party must ensure that all detainees and arrestees are
registered and accounted for, and that their exact location is known at all times.
B.
Authorization of detention
53.
Interlocutors generally reported adherence to procedural time frames, such as being
brought before a judge within 72 hours of the initial arrest. 5 The detainees, in some cases,
were taken before a judge just before the time limit expired. According to reports, including
official figures, the judge approves the prosecutor’s request for detention in about 90 per
cent of cases. Court hearings were reported to be short and ineffective; judges are generally
seen as rubber-stamping decisions proposed by the prosecutor. Additionally, judges almost
never ask questions about treatment by law enforcement officials. While defence lawyers
are usually present, they are said not to actively seek the detainee’s release, ask questions or
present any evidence.
54.
It appears that detainees, as a rule, are not present when decisions on prolonging
detention are taken. By law, a judge may request the detained person to be brought before
him or her but, as reported by numerous interviewees, this does not happen in practice. In
best-case scenarios, detainees are given copies of the decision prolonging their detention,
5
See Code of Criminal Procedure, art. 131.
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