A/HRC/22/53/Add.1
(c)
Amend the Code of Criminal Procedure to include a provision on the
right of the suspect to one free telephone call, and to reduce the 12-hour period for
notification of arrest by the investigator to the family;
(d)
Revoke the legal provisions of the Code of Criminal Procedure allowing
the termination of criminal proceedings and exempting defendants from criminal
liability by reason of repentance, conciliation with the victim, change in circumstances
or expiration of the statute of limitations for criminal prosecution, whenever the case
concerns allegations of torture and ill-treatment; and institute procedures for the
automatic investigation of any case of torture or ill-treatment brought to the attention
of the authorities by any means, even when victims have not lodged a complaint
through the prescribed legal channels;
(e)
Amend the Code of Criminal Procedure to ensure that the time of arrest
starts from de facto apprehension and delivery to a police station, that arrest is
scrupulously recorded, reflecting the name of the arresting officer and the detainee’s
state of health upon arrival at the detention centre; establish the rule that arrests will
proceed only by judicial warrant, except in cases of in flagrante delicto; and, where
persons are held for initial inquiry, guarantee that the maximum duration of three
hours for detention pending formal arraignment is respected;
(f)
Establish appropriate enforcement mechanisms in legislation to ensure
that victims obtain redress and fair and adequate compensation, including the means
for the fullest rehabilitation possible; and ensure that there are effective mechanisms
in practice to protect complainants from reprisal;
(g)
Amend the Code of Criminal Procedure to ensure that it takes into
account the principle of non-refoulement contained in article 3 of the Convention
against Torture.
100. With regard to safeguards and prevention, the Special Rapporteur
recommends that the Government:
(a)
Ensure strict adherence to registration from the very moment of actual
arrest; that police station chiefs and investigating and operative officers are held
criminally accountable for any unacknowledged detention; and that access to lawyers
of the suspect’s own choosing is granted from the moment of apprehension, through
amendments to legislation, where necessary;
(b)
Clarify the status of suspects, accused persons and witnesses in the law
on detention procedures and conditions of suspects, accused persons and defendants
by providing them with the same procedural safeguards at the time of apprehension;
(c)
Reduce the 72-hour period of police custody and mandate that a detainee
must be brought promptly before a judge, in accordance with international standards;
(d)
Increase the number of qualified health personnel in temporary and
pretrial detention facilities and ensure that medical staff in places of detention are
truly independent from law enforcement and trained in the Istanbul Protocol; allow
access to independent medical examination without interference or the presence of law
enforcement agents or prosecutors; and ensure timely access to independent medical
check-ups at the time of arrest and upon transfer to another place of detention;
(e)
Enact legislation establishing a minimum time within which medical
examination is to be provided without delay, and provide forensic medical services
with training in the medical investigation of torture and other forms of ill-treatment;
(f)
Introduce independent, effective and accessible complaint mechanisms in
all places of detention by means of the installation of telephone hotlines or confidential
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