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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