Situation during visit (See: E/CN.4/2006/6/Add.3) Information received in the reporting period Under the new Criminal Procedure Code (CPC) in force since October 2010, the right of a defendant envisaged under Art 75 (f) of the old Code remained unchanged. The new CPC does not envisage obligation of a judge to ask a defendant about physical injuries even if the injuries are visible. Only Art. 212 of the new CPC provides that the judge before approving a plea bargaining shall make sure that the defendant was not subjected to torture, inhuman and/or degrading treatment. In majority of administrative cases brought before the court, the detainees suffered from numerous visible injuries as a result of being beaten up by police, however, the judges examining their cases under the Code of administrative Offences, never inquired about the reasons of those physical injuries. Even when lawyers ask judges to indicate in the protocol that the detainees had physical injuries, reportedly in none of those cases was investigation launched on the basis of this information. Similarly, in several criminal cases, even when the defendants indicated in the court that the confession was extracted by torture and ill-treatment, no investigation was initiated and judges did not inquire further details. Reportedly, neither the current CPC nor the Code of Administrative Offences envisage obligation of a judge to inquire A/HRC/19/61/Add.3 66 Recommendations (E/CN.4/2006/6/Add.3) 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) October 2005 require the automatic opening of a case if reports on torture are received and fix maximum delays for preliminary investigations.

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