Situation during visit
(A/HRC/4/33/Add.3)
Steps taken in previous years
(to be found in A/HRC/7/3/Add.2)
Information received on steps taken since
December 2007/current situation
On paper, a file regarding each
detainee informed about the
time of arrival, state of health,
details, reason for detention,
authority which issued the
arrest warrant or verdict, and
all details relating to the
person’s time at the centre.
Upon arrival, detainees were
to undergo a medical check-up
and the police doctor should
prepare a medical report,
indicating whether there were
any traces of torture. If that
was the case, a forensic report
had to be prepared and judicial
authorities were to be notified.
However, this process was not
effective in practice.
•
Non-governmental sources: Not all the
relevant information is included in registers
(state of health, visit time for the arrested
person etc).
A confession could be
accepted as the only evidence
in a case if the court was
convinced that it was made
voluntarily and willingly
(CCP article 159); in practice,
confessions obtained under
torture were inadmissible in
court.
•
Non-governmental sources: one
register at the GID contains
information about a detainee’s name,
nationality and charge, if any.
Another register records visitors, and
a third register contains medical
records. Outside of the GID,
detainees do not receive a standard
medical examination
In regular prisons, registers generally
contain the name of the detainee or
prisoner, the nationality and charge,
if any; the doctors have medical files
of those seeking and receiving
medical care, although no entry
exam is performed
2006: Court of Cassation ruling
No. 1513/2003 of 4 May 2006:
“statements obtained as a result of
violence and coercion cannot be
relied upon to convict a defendant”.
•
•
Non-governmental sources: There are
cases where “confessions” allegedly
extracted under torture or other forms of
duress continue to be admitted as
evidence, especially by the State Security
Court
The Court of Cassation has issued several
rulings with regard to confessions taken
A/HRC/10/44/Add.5
page 56
Recommendation
(A/HRC/4/33/Add.3)
with the interrogators of
investigators should be
permitted
(k) The maintenance of
custody registers be
scrupulously ensured,
including recording of
the time and place of
arrest, the identity of
the personnel, the actual
place of detention, the
state of health upon
arrival of the person at
the detention centre, the
time at which the family
and a lawyer were
contacted and visited
the detainee, and
information on
compulsory medical
examinations upon
being brought to a
detention centre and
upon transfer
(l) Confessions made by
persons in custody
without the presence of
a lawyer and that are
not confirmed before a
judge shall not be
admissible as evidence
against the persons who
made the confession.
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