A/HRC/19/61/Add.3
155
Steps taken in previous years
Recommendation
Situation during visit
(to be found in A/HRC/7/3/Add.2,
Information received in the reporting
(A/HRC/4/33/Add.3)
(A/HRC/4/33/Add.3)
A/HRC/10/44/Add.5 and A/HRC/16/52/Add.2)
period
(k) The maintenance of custody
On paper, a file regarding each - A register at the GID contained information
registers be scrupulously ensured, detainee informed about the
about any detainee‘s name, nationality and charge.
including recording of the time and time of arrival, state of health, Another register recorded visitors, and a third
place of arrest, the identity of the details, reason for detention, register contained medical records. Outside of the
personnel, the actual place of
authority which issued the
GID, detainees did not receive a standard medical
detention, the state of health upon arrest warrant or verdict, and examination.
arrival of the person at the
all details relating to the
- In regular prisons registers generally contained
detention centre, the time at which person‘s time at the centre.
the name of the detainee or prisoner, the
the family and a lawyer were
Upon arrival, detainees were to nationality and charge, if any; the doctors had
contacted and visited the detainee, undergo a medical check-up medical files of those seeking and receiving
and information on compulsory
and the police doctor should medical care, although no entry exam was
medical examinations upon being prepare a medical report,
performed.
brought to a detention centre and indicating whether there were
upon transfer.
any traces of torture. If that was
the case, a forensic report had
to be prepared and judicial
authorities were to be notified.
However, this process was not
effective in practice.
(l) Confessions made by persons in A confession could be accepted The Court of Cassation has issued several rulings
custody without the presence of a as the only evidence in a case if with regard to confessions made as a result of
lawyer and that are not confirmed the court was convinced that it violence: e.g. ruling No. 1513/2003 of 4 May
before a judge shall not be
was made voluntarily and
2006, which held that ―statements obtained as a
admissible as evidence against the willingly (article 159 CCP).
result of violence and coercion cannot be relied
persons who made the confession. The Court of Cassation has
upon to convict a defendant‖.
Serious consideration should be overturned a number of
given to video and audio taping of convictions on the grounds that Government: Article 159 of the Criminal
interrogations, including of all
security officials had obtained Procedures Law stipulates that any evidence or
persons present.
confessions from defendants statement obtained by physical or mental coercion
under torture.
and in the absence of the public prosecutor is
considered void, and of no legal effect. It will not
be accepted, unless the prosecution provides
evidence of the circumstances, under which it was
obtained and the court is convinced that the
indicted, suspect or defendant has provided such
evidence or statement voluntarily. The defendant
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