2. 3. To ensure that prosecutors abide by the provisions of criminal procedure law whereby they are obliged to review and consider crime allegations, especially in cases when the accused reveals torture allegations during court proceedings (including those deciding on judicial authorization of arrest and those where restrictive measures are selected, including pre-trial detention). To develop an effective mechanism for receiving and considering complaints about torture from places of detention while fully observing the principle of confidentiality. 2) Increasing the effectiveness of considering torture reports made while considering the main criminal case on the merits 1. To make sure that prosecutors comply with Article 155 of the CPC KR whereby they are obliged to accept and to consider claims and reports of the offence in case the defendant claims that torture was used when the main criminal case was considered on the merits. CREATING AN EFFECTIVE MECHANISM FOR INVESTIGATING TORTURE 1. To introduce specialization of prosecutors in investigating accusations of torture used by public officials. STRENGTHENING GUARANTEES FOR RESPECTING THE RIGHT TO FREEDOM FROM TORTURE AT THE MOMENT OF ARREST 1. 2. 3. To introduce amendments in the CPC KR regulating the procedure for carrying out all activities from the moment of receiving torture allegations until criminal proceedings are launched, defining the status of a person that was apprehended until they receive the status of a suspect and their rights and duties are established. To introduce amendments in Article 40 of the CPC KR (Rights and duties of suspects) developed by the Working Group within the Millennium Challenge Account and to define the status of a suspect: 1) to protect oneself and to use legal assistance of lawyers from the moment of actual apprehension; 2) right to one free telephone conversation with one family member, and in case they do not have family members, with one relative or any other person at their disposal, in order to inform them about detention and a place of detention; 3) not to testify against oneself and not to admit oneself guilty; 4) to be taken to court to determine whether or not their detention was legal within 48 hours after their actual apprehension and to be released based on an investigator’s or prosecutor’s resolution with further judicial verification of whether their detention was legal; and 5) to communicate with their defence lawyer without interference and with no restrictions as regards the number and duration of such meetings. To introduce amendments in Article 95 of the CPC KR (Procedure for detaining a person suspected of committing an offence) developed by the Working Group within the Millennium Challenge Account whereby a report on detaining a person suspected of committing an offence should be compiled at the moment of their actual apprehension. If due to objective reasons it is not possible to compile a report at the moment of actual detention, a report should be produced immediately upon taking a person to an inquiry/investigation body. At any rate, at the moment of actual apprehension a suspect should be told of what they are suspected and also the right not to testify against themselves and the right to use the legal assistance of a defence lawyer should be explained to them. A copy of the report with the list of rights and duties should be immediately handed to the detainee and within twelve hours it should be submitted to a prosecutor. The rights should be presented taking into account the suspect’s ethnic belongingness and in terms of readability. 18