Of these 1,104 persons were detained in police premises for misdemeanours against public order
alone. On the basis of these statistics, the protection afforded by the new CPC, including the
right of access to a defence counsel, appears not to apply to a significant number of individuals
detained by the police.
181. The general principle concerning the right to a defence counsel is contained in article 5 of
CPC, according to which a person deprived of liberty shall be immediately informed that he is
entitled to a defence counsel of his own choice and to request that members of his family or
other persons close to him be informed of his detention.
182. Article 226 of CPC provides that in the course of collecting information an individual
may be summoned by the police but may not be questioned for more than four hours. Force may
not be used to obtain information from citizens. An official note or a record shall be read to a
person who has given information. This person may raise objections, and the police authorities
are obliged to note them in the official note or record. The same article states that when the
police are collecting information from a person who for good reasons is suspected of being the
perpetrator of a criminal offence, that person may be summoned as a suspect; the summons shall
contain information to the effect that the suspect is entitled to have a defence counsel. If in the
course of collecting information the police authority deems the person who is summoned to be a
suspect, it should immediately inform him of the criminal offence with which he is charged, of
his right to have a defence counsel, who shall be present at further interrogations, and that he is
not obliged to answer the questions put to him in the absence of his defence counsel. Article 226
also stipulates that the police authority shall inform the public prosecutor when a suspect is being
interrogated; the public prosecutor may be present at the interrogation.
183. According to article 5 of CPC, a person who has been detained without a court warrant
shall immediately be brought before the competent investigating judge. Article 227,
paragraph 3, states that if the escort of the person deprived of liberty takes longer than
eight hours, owing to unavoidable obstacles, the authorized police official is obliged to give the
reasons for the delay in a statement to be submitted to the investigating judge. Furthermore,
article 229 stipulates that a person deprived of liberty cannot be held by the police for the
purpose of gathering information for more than 48 hours before being brought before a judge.3
184. According to the information received by the Committee members, the above principles
seem to be generally observed in cases where CPC applies. Nevertheless, torture still seems to
take place during the 48 hours before the suspect is brought before a judge and before he is given
the opportunity to contact his lawyer. Sometimes the suspect is not allowed to call in his lawyer
or does not know a lawyer, in which case he is obliged to choose one from the list proposed by
the police. In some of the cases examined by the members the alleged victims complained that
the lawyer’s role had been perfunctory and that he had paid no attention to the fact that his client
had been ill-treated.
185. Some of the officials with whom the Committee members met argued that it did not make
sense for the police to extract confessions under duress, given that such confessions could not be
used as evidence in legal proceedings. In this regard, article 89 of CPC stipulates that it is
forbidden to use force in order to obtain a statement or confession from a defendant and that, in
case of failure to comply with this provision, the decision of the court may not be based on such
statements or confessions. The members believe, however, that even if convictions cannot be
based exclusively on confessions the police still use the information extracted from detainees to
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