A/HRC/13/39/Add.2
required to be criminalized in accordance with article 4 CAT. The individual crime of
torture should be defined in full accordance with article 1 CAT and shall also convey
sanctions commensurate to the gravity of this crime.
2.
Safeguards against torture and ill-treatment during arrest and detention
22.
The Constitution, the Criminal Procedural Code (CPC) and the Law on Police
Procedure (LPP) provide for a number of safeguards with regard to torture and ill-treatment
during arrest. Among these safeguards are the right to due process;3 the power to arrest only
in cases of in flagrante crimes or with a written judicial order;4 the obligation to inform
detainees of the reasons for their arrest;5 the right to notify their family and lawyer of the
arrest;6 the obligation of the police to keep a register of detainees;7 the right to be presented
before a judge within 24 hours and to have a preliminary investigation started within 48
hours;8 the right of the legal counsel to assist the accused at all stages of the investigation;9
the right to an interpreter;10 and the right to habeas corpus.11 If a detainee is injured or in a
state of alcoholic or other intoxication, the police shall request medical support and provide
immediate medical attention.12 Following the visit of the Special Rapporteur, medical
examination upon entry to and departure from any national prison was established as a
requirement.
23.
Any interrogation by the police must be included in a signed record.13 The use of
coercive threats during interrogation is prohibited and the accused shall be able to give their
statement freely..14 The use of violence, medication and other physical, chemical or other
measures which may impair the freedom of the accused to decide, or the capacity to
comprehend or direct their acts is prohibited.15 The court may refuse to use evidence which
is manifestly irrelevant, impertinent, or prohibited.16
24.
In exceptional circumstances, the police may order a person to be held in solitary
confinement for investigatory reasons.17 Such confinement prevents the accused being in
contact with third persons, including family, witnesses, defence lawyers and victims.18 The
maximum period of solitary confinement shall not exceed 48 hours.19 However, the accused
shall have the right to communicate with his or her lawyer immediately after accepting the
charges and before the proceedings have started.20
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GE.09-17655
Article 12 Constitution.
Article 15 Constitution.
Article 49 CPC.
Article 49 LPP.
Article 52 LPP.
Article 54.1 LPP and article 16 Constitution.
Article 7.2 CPC and article 15 Constitution.
Article 95.2 CPC.
Article 17 Constitution.
Article 51 LPP.
Article 65 LPP.
Article 57.1 CPC.
Article 57.2 CPC.
Article 135 CPC.
Article 75 LPP.
Article 76 LPP.
Article 192 CPC.
Article 55.2 CPC.
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