Situation during visit
(See: E/CN.4/2006/6/Add.3)
Information received in the reporting
period
the services of the police. The police and
the prosecution are perceived by many
stakeholders as not independent.
The new CPC does not regulate the
jurisdiction of the investigative bodies
over investigating the crime. It is now
regulated under Article 2 of the Decree #
178 of the Ministry of Justice, dated 29
September 2010, which is mostly similar
to what was stated in Art 62 of the old
CPC.
However, in practice there are cases, when
this requirement is not fulfilled. Crimes,
which might involve responsibility of a
police officer, to certain extent (most
important investigative measures are
conducted), if not fully, is investigated by
the investigators of Ministry of Interior,
the same Ministry to which the police
subordinates.
Reportedly, prisoners reporting illtreatment in penitentiary institutions to the
NPM members usually refuse to apply for
opening investigation on those facts, as
they allegedly do not want to have
problems with the prison administration.
According to non-governmental sources,
in 2008 five cases under Art 144.1 of the
CC (torture) were examined by the first
instance court and nine under Art 144.3
(inhuman and degrading treatment). In
2009, no cases have been examined by the
national courts under Art 144.1, and only
one case was examined under Art 144.3.
A/HRC/19/61/Add.3
70
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)
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