No participant of criminal proceedings shall be subjected to violence or other cruel or degrading treatment.174 All agencies and individuals participating in criminal proceedings must respect human rights, liberties and dignity. It shall be prohibited to inflict threatening, violence or take other undue measures in the course of investigative or judicial actions. Persons taken into custody and those detained on the suspicion of committing a crime shall be held in detention facilities in conditions eliminating the danger to their lives and health.175 In the course of interviewing TDF detainees, the observers registered complaints regarding physical force and intimidation inflicted by law enforcement agencies. Almost all of the respondents reported torture and ill-treatment at the time of arrest. These actions were aimed to intimidate these persons, suppress their will and compel them to confess guilt and write an acknowledgment of guilt. It was mentioned before that total 193 persons were covered by the monitoring of IAB TDFs. Out of them, 60 persons (or almost every third (31.1%)) reported torture and cruel treatment. Diagram 19. The ratio of reported cases of torture and ill-treatment. In 50 (83.3%) cases torture was inflicted to compel detainees to confess guilt under the suspicion of committing a crime. In 8 (13.3%) cases torture and cruel treatment were inflicted to punish persons for particular offences as law enforcement agencies deemed them to be. At last, in two cases (3.4%) cruel treatment was accompanied by extortion. Diagram 20. Purposes of infliction of torture or cruel treatment. To professionally determine what a person subjected to torture or ill-treatment endures, expert knowledge is required. In each case it depends on features of character, behavior, and the state of mind of a torture victim. Physical pain always entails moral sufferings just like moral sufferings are often accompanied by elements of physical pain. Nevertheless, for illustration purposes, authors of the report made an attempt to identify main types of torture and cruel treatment. In the absolute majority of cases – 44 (75%) – torture was associated with physical pain caused to victims, and in 15 (25%) cases – with moral sufferings. 174 175 KR Code of Criminal Procedure, Art. 11. KR Code of Criminal Procedure, Art. 10. 63

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