E/CN.4/2002/77/Add.2
page 17
of the Minister of Justice. The two systems remain completely independent from each other,
pending the introduction of a new organizational model which appears to be based on the
Romano-Germanic system.
(a)
Organization of prosecuting bodies
52.
Under current law, the police and Directorate of State Security form part of the Ministry
of the Interior and perform all their functions – keeping the peace, crime prevention, searches,
investigation and prosecution – under the authority and supervision of the Minister of the
Interior, assisted by the Director-General of Security and public prosecutors who represent the
Crown in the courts.
53.
Legislative Decree No. 3 of 1982 on the status of the security services assimilates police
officers to military personnel and categorizes certain actions when committed by police officers
as military crimes under the jurisdiction of a special tribunal, the Disciplinary Tribunal, which is
virtually a court martial (see para. 73).
54.
The police monopoly on the entire preparatory phase of proceedings and the wide powers
vested in the police under the present system of criminal justice have led to abuses which the
justice system has either condoned or been powerless to prevent. The reforms are intended to
make good these deficiencies and restrict the powers of the police by removing their power to
prosecute; this power will henceforth be entrusted to judicial officers, under whose authority the
police will operate. This reform, to be examined in greater detail, was well regarded by the
members of the justice system and representatives of civil society whom the delegation met.
55.
The delegation also learned that the services of the Ministry of the Interior are actively
preparing for the change in their assignments. Modern methods are being introduced to enable
police officers to work in accordance with the new Code of Criminal Procedure. Computerized
instructions have been made available to police officers on maintaining and using a database,
knowing their rights and acting within the law, especially when making arrests, conducting
interrogations, and holding people in police custody or pre-trial detention.
56.
The Working Group welcomes the changes now taking place within the police services
which the delegation observed during its visits to the Criminal Investigation Department and
police stations. It remains to be seen whether the justice system is also capable of meeting new
challenges while ensuring respect for legal safeguards in practice. Not all the instruments
currently in force are flawed, the problem lies rather in their practical application. The
authorities say they are aware that the reforms will not take root immediately, yet they insist that
there is a genuine willingness to build a State governed by the rule of law.
(b)
Current procedures for arrest and detention
57.
Under the system as it currently stands, the entire preparatory phase of criminal
proceedings is in the hands of the police, who may proceed without judicial warrant to stop and
question suspects, make arrests, carry out searches and investigations, start proceedings against
suspects, prepare cases and conduct the prosecution at trial. Regarding infringements of liberty,
however, the powers of the police are subject to judicial supervision. Because there is a 48-hour
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents