E/CN.4/2003/68/Add.2 page 15 prosecution and the defence was enshrined in the Constitution and the CPC. However, he acknowledged that in practice, procurators had much greater weight than defence lawyers. He was fully aware that much more needed to be done in order to overcome the deficiencies of the present practice. 47. Amongst the existing legal safeguards against torture, the Acting Chairperson of the Supreme Court noted that within seven days of having received a criminal file, the judge must at the first hearing verify whether the deprivation of liberty was lawful, whether there are sufficient grounds for the case to be heard in court and whether the legal guarantees of the CPC were fully respected during the pre-trial investigation (CPC, art. 396). If not, the judge must acquit the suspect (art. 469). The Special Rapporteur notes that these provisions, if fully implemented by an independent judiciary, would actually be important safeguards. 48. Finally, it must be stressed that according to the Minister of Internal Affairs, independent journalists, civil society organizations, as well as international organizations such as the OSCE and ICRC, have access to detention facilities, including pre-trial detention facilities under his responsibility, and thus play an important role in monitoring the treatment of persons deprived of their liberty. The Special Rapporteur concurs that such monitoring is indeed essential. He notes, however, that non-official interlocutors were not entirely satisfied with the level of cooperation by law enforcement agencies. C. Aborted visit to Jaslyk colony 49. On 1 December 2002, the Special Rapporteur visited the Jaslyk colony located in the Karakalpakstan region, in the far north-west of the country. Because of the importance and size of that colony, often cited for its hardship conditions and inhuman practices, the Special Rapporteur had clearly indicated his wish to spend there at least six hours in the facility. The matter was agreed upon with the Deputy Minister of Internal Affairs in charge of the execution of sentences (GUIN), who accompanied the Special Rapporteur during the mission. The itinerary and schedule of his visit was modified in accordance with the recommendations of the Deputy Minister, who kindly provided the Special Rapporteur’s delegation with a plane. Because of the itinerary thus chosen and the timing of the flight - the plane only flys during the daytime - the Special Rapporteur was in fact unable to spend more than two hours at Jaslyk colony. As a result, the Special Rapporteur refused to inspect the colony and concentrated on a discussion with its director, in particular on the two deaths that had occurred in August 2002, and interviews with a few inmates. The Special Rapporteur noted with concern that these confidential interviews were abruptly disrupted on several occasions by the official accompanying the Special Rapporteur’s delegation. The Special Rapporteur thus regrets that he was unable to carry out the visit to Jaslyk colony in a satisfactory and comprehensive manner. Jaslyk colony, which was said by its director to hold 381 prisoners at the time of the visit, is located in the Karakalpakstan desert where temperatures can reportedly reach 60° C in summer and -30° C in winter. It is extremely remote from the main inhabited centres and there is no road between the colony and the closest urban centre, Nukus. Thus, the only public transport is the train. According to the information received, there are daily trains from Tashkent to Jaslyk colony. The journey reportedly lasts over three days and costs a sum of money that a large number of relatives cannot afford.