E/CN.4/1993/26
page 127
573. The military authorities, whatever their rank and function, comply with
the requests of the legal officers concerned and make available the facilities
required for the business the latter conduct in regard to applications for
habeas corpus, even when these are undertaken in areas declared to be in a
state of emergency.
574. The International Committee of the Red Cross is given facilities allowing
it to enter all places of detention in military installations in the emergency
zones.
575. The Ministry of Defence has taken steps to standardize instruction on
human rights in compliance with Law 25211 and the Presidential Directive on
respect for human rights. The Directive is being actively applied in the
various military training centres at all levels. The instruction has also
been implemented in military training programmes for non-commissioned officers
and other ranks.
576. Authorization has been given for six officers of the Military Juridical
Corps to travel to the United States of America at the invitation of the
United States military aid and consultative group to attend a course on human
rights. On their return the officers will design a course on human rights for
military personnel of the various armed forces in Peru.
577. On 12 October 1992 the Government of Turkey (visited in September 1988)
transmitted to the Special Rapporteur the text of the Code of Practice for
Remand in Custody of 22 September 1992 of which article 3 is of particular
relevance to the prevention of torture. In his report on the visit to Turkey,
the Special Rapporteur had recommended: "(b) If a person files a complaint
that he has been tortured during his detention, medical examination of that
person could be entrusted to a doctor, chosen from a panel of qualified and
experienced physicians: such a panel could be established by an independent
professional organization".
578. Article 3 of the Code of Practice reads as follow:
"3.
As to the regulations related to administrative procedures:
(a)
The periods of police custody should be strictly complied
with.
(b)
Taking sanitary conditions into consideration, access of the
persons in police custody to cleaning and other facilities should be
allowed under the control of the police or gendarmerie officials.
(c)
The doctor who will perform the above-mentioned medical
examinations should be a doctor from the relevant forensic institute or
he should be an authorized government doctor. However, should a person
held in police custody request it, he should be accorded the right to be
examined by a doctor of his own choice, if it is thought that such
permission will not jeopardize the security of the investigation. If
there are reasonable grounds that access to a detainee by the doctor
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