(i)
The limited access to all relevant material in police records granted to legal representatives, and in
particular the power of prosecutors to decide what evidence to disclose upon indictment;
(j)
The lack of an independent and effective inspection and complaints mechanism accessible to
detainees held in police cells;
(k)
The use of gags at police detention facilities, in contrast with the abolition of their use in penal
institutions.
The State party should take immediate and effective measures to bring pretrial detention into
conformity with international minimum standards. In particular, the State party should amend
the 2006 Prison Law, in order to limit the use of police cells during pretrial detention. As a matter of
priority, the State party should:
(a)
Amend its legislation to ensure complete separation between the functions of investigation
and detention (including transfer procedures), excluding police detention officers from investigation
and investigators from matters pertaining to detention;
(b)
Limit the maximum time detainees can be held in police custody to bring it in line with
international minimum standards;
(c)
Ensure that legal aid is made available to all detained persons from the moment of arrest,
that defence counsel are present during interrogations and that they have access to all relevant
materials in police records after indictment, in order to enable them to prepare the defence, as well as
ensuring prompt access to appropriate medical care to persons while in police custody;
(d)
Guarantee the independence of external monitoring of police custody, by measures such
as ensuring that prefectural police headquarters systematically include a lawyer recommended by the
bar associations as a member of the Board of Visitors for Inspection of Police Custody, to be
established as of June 2007;
(e)
Establish an effective complaints system, independent from the Public Safety
Commissions, for the examination of complaints lodged by persons detained in police cells;
(f)
Consider the adoption of alternative measures to custodial ones at pretrial stage;
(g)
Abolish the use of gags at police detention facilities.
Interrogation rules and confessions
(16) The Committee is deeply concerned at the large number of convictions in criminal trials based on
confessions, in particular in light of the lack of effective judicial control over the use of pretrial detention and the
disproportionately high number of convictions over acquittals. The Committee is also concerned at the lack of
means for verifying the proper conduct of interrogations of detainees while in police custody, in particular the
absence of strict time limits for the duration of interrogations and the fact that it is not mandatory to have defence
counsel present during all interrogations. In addition, the Committee is concerned that, under domestic legislation,
voluntary confessions made as a result of interrogations not in conformity with the Convention may be admissible in
court, in violation of article 15 of the Convention.
The State party should ensure that the interrogation of detainees in police custody or substitute prisons
is systematically monitored by mechanisms such as electronic and video recording of all
interrogations; that detainees are guaranteed access to and the presence of defence counsel during
interrogation; and that recordings are made available for use in criminal trials. In addition, the State
party should promptly adopt strict rules concerning the length of interrogations, with appropriate
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