E/CN.4/2000/4/Add.2 page 20 79. Lawyers for Mr. Gusmao confirmed to the Group that no lawyer was allowed access to him during his interrogation. Although his family had authorized YLBHI to represent him during interrogation, the authorities denied YLBHI access to him at that stage. Right to call witnesses on one's own behalf and to cross-examine witnesses of the prosecution 80. This right is guaranteed by article 165, paragraph 2, of the Code of Criminal Procedure and by article 14, paragraph 3 (e), of the International Covenant on Civil and Political Rights. 81. Both in Jakarta and in East Timor, the Group obtained testimony from several detainees to the effect that, on the one hand, they had been unable to call witnesses to testify on their behalf as they had requested, or that, on the other hand, they or their legal representatives had been denied the right to question or cross-examine witnesses for the prosecution. Several of the PRD detainees interviewed at Cipinang prison claimed that they had requested numerous witnesses to testify on their behalf but that the court had either declined to hear defence witnesses or had only accepted to hear a small number. Thus, Mr. Suroso claimed that he had called 10 witnesses on his behalf, of whom five had been refused; Mr. Pranowo contended that he had called nine witnesses, none of whom had been allowed; Mr. Kurniawan indicated that five out of eight witnesses he had called to testify on his behalf had been refused. Similar statements were made by detainees interviewed by the delegation at the prisons of Baucau, East Timor, and Becora prison, Dili, East Timor. 82. Mr. Kurniawan also indicated that his legal representatives had been denied the opportunity to cross-examine the numerous witnesses called by the prosecution. The Group further heard testimony to the effect that defence lawyers are at times denied access to court documents before the start of the trial and thus have great difficulties in preparing their clients' defence, contrary to the guarantees in articles 143, paragraph 4, and 144, paragraph 3, of the Code of Criminal Procedure. Taken together, such practices are incompatible with the rights in article 14, paragraph 3 (b) and (e), of the International Covenant on Civil and Political Rights. Right not to testify against oneself 83. This right is guaranteed by article 117, paragraph 1, of the Code of Criminal Procedure and article 14, paragraph 3 (g), of the International Covenant on Civil and Political Rights. 84. The Group heard testimony from several detainees to the effect that individuals are frequently convicted on the basis of uncorroborated confessions. In several cases, detainees indicated that they had been forced to sign self-incriminating statements or that statements had been obtained from them under duress, through ill-treatment or psychological pressure. Thus, prisoners interviewed at Salemba, Cipinang, Baucau and Becora prisons, as well as at Metro Polda Jaya police station and Dili police station, affirmed that they had been beaten or otherwise ill-treated at a police station or in a military barracks (in some instances, the Group was able to

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