CHAPTER 3 Legal Analysis Pursuant to international documents dealing with human rights, the principle of prohibition of torture or other cruel, in-human or degrading treatment and punishment shall not be derogated from as a universally recognized peremptory norm.52 This principle closely interlinked with the right to liberty and security of a person and doubtless, such cases should be prevented. Thus, one of the key obligations of the Ombudsman as an MPM is to provide efficiency of the activity in the field of prevention of torture. Suggestions and recommendations prepared on the basis of legal analysis of the norms violating the interests of persons deprived of their liberty in this or other manner are sent to the corresponding state authorities and mainly are taken into consideration. As one of the preventive measures for ill-treatment, the Commissioner also suggests strengthening the control over ensuring of three rights of those who are taken into police custody, to which the CPT attaches particular importance, which include:53 1) the right of the person concerned to have the fact of his detention notified to a third party of his choice; 2) the right of access to a lawyer, and 3) the right to request a medical examination by a doctor of his choice (this right in addition refers to any medical examination carried out by a doctor called by the police authorities). Hence, these fundamental safeguards are of vital importance for ensuring effective legal system against claims or evidence of ill-treatment. The European Court of Human Rights (ECtHR) may hold that the failure to ensure the safeguards was due to “an omission in the investigation”.54 Aside this, it is necessary to inform persons taken into police, without delay of all their rights to ensure efficiency in promotion of those rights. CPT recommends to provide all persons detained with a standard document displaying all these rights and to obtain their signature that they are informed of their rights. 52 Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; European Convention on Human Rights; and International Covenant on Civil and Political Rights 53 2nd General Report on the CPT's activities; CPT/Inf (92) 3 [EN] - Publication Date: 13 April 1992, para.36 54 Algür v. Turkey, no. 32574/96, § 44, 22 October 2002); BATI AND OTHERS v. TURKEY (Applications nos. 33097/96 and 57834/00), 3 June 2004 Judgement 58