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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