E/CN.4/2003/68/Add.2
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(j)
All measures should be taken to ensure in practice absolute respect for the
principle of inadmissibility of evidence obtained by torture in accordance with
international standards and the May 1997 Supreme Court resolution;
(k)
Confessions made by persons in MVD or SNB custody without the presence
of a lawyer/legal counsel and that are not confirmed before a judge should not be
admissible as evidence against persons who made the confession. Serious consideration
should be given to video and audio taping of proceedings in MVD and SNB interrogation
rooms;
(l)
Legislation should be amended to allow for the unmonitored presence of
legal counsel and relatives of persons deprived of their liberty within 24 hours. Moreover,
law enforcement agencies need to receive guidelines on informing criminal suspects of their
right to defence counsel;
(m)
Given the numerous reports of inadequate legal counsel provided by
State-appointed lawyers, measures should be taken to improve legal aid service, in
compliance with the United Nations Basic Principles on the Role of Lawyers;
(n)
Medical doctors attached to an independent forensic institute, possibly under
the jurisdiction of the Ministry of Health, and specifically trained in identifying sequelae of
physical torture or prohibited ill-treatment should have access to detainees upon arrest and
upon transfer to each new detention facility. Furthermore, medical reports drawn up by
private doctors should be admissible as evidence in court;
(o)
Priority should be given to enhancing and strengthening the training of law
enforcement agents regarding the treatment of persons deprived of liberty. The
Government should continue to request relevant international organizations to provide it
with assistance in that matter;
(p)
Serious consideration should be given to amending existing legislation to
place correctional facilities (prisons and colonies) and remand centres (SIZOs) under the
authority of the Ministry of Justice;
(q)
Where there is credible evidence that a person has been subjected to torture
or similar ill-treatment, adequate reparation should be promptly given to that person; for
this purpose a system of compensation and rehabilitation should be put in place;
(r)
The Ombudsman’s Office should be provided with the necessary financial
and human resources to carry out its functions effectively. It should be granted the
authority to inspect at will, as necessary and without notice, any place of deprivation of
liberty, to publicize its findings regularly and to submit evidence of criminal behaviour to
the relevant prosecutorial body and the administrative superiors of the public authority
whose acts are in question;
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