Recommendations (E/CN.4/2006/6/Add.3) Situation during visit (See: E/CN.4/2006/6/Add.3) (b) Judges and prosecutors Not in place. routinely ask persons brought from police custody how they have been treated, and even in the absence of a formal complaint from the defendant, order an independent medical examination. Steps taken in previous years (See: A/HRC/4/33/Add.2, A/HRC/7/3/Add.2 and A/HRC/16/52/Add.2) Information received in the reporting period Assistance (MCLA) and in the prisons, are refereed to repeatedly in connection with ill-treatment of prisoners. Despite prisoners‘ complaints alleging torture and inhuman or degrading treatment, criminal cases are reportedly launched under Art. 333 of the Criminal Code (CC) (exceeding official powers) instead of Article 144.1 (torture) and Art. 144.3 (inhuman or degrading treatment) of the CC. Non-governmental sources: The newly CPC para. 73(f) states that a medical examination is an absolute right that can introduced adversarial system has reportedly brought about an increased neither be denied nor restricted. Article 73(f) refers to medical expertise (needed indifference of the judiciary vis-à-vis for the determination of important factual complaints or signs of ill-treatment of circumstances of a case), which is subject defendants before court. Reportedly, there were deficiencies both in to a court decision; law and in practice regarding the crucial Article 922 of the Law on Imprisonment role of the judiciary in combating torture, including in relation to shifting the burden of 23 June 2005 requires a medical of proof and the inadmissibility of examination after every transfer; evidence obtained by torture. 65 Internal Guidelines of the Prosecutor General regarding Preliminary Investigation into allegations of torture, inhuman and degrading treatment of 7 Under the current legal system, full medical examinations are reportedly no longer mandatory at the time of entry to the penitentiary but only take place upon request; persons entering prison are only screened for obvious injuries or diseases. The medical staff at prisons is employed by the MCLA and is reportedly under considerable pressure of the prison administration; thus, their ability to do their work independently is seriously challenged. A/HRC/19/61/Add.3 CPC article 263, provides that, if information recorded upon routine medical examination shows that a prisoner has injuries, the prosecutor can initiate a preliminary investigation, even in the absence of allegations from the detainee;