A/HRC/4/33/Add.2 Page 92 512. Recommendation (g) stated: Legislation should be amended to transfer the power to investigate claims of police abuse and torture from military to civilian prosecutors. The investigation of allegations should be conducted by the prosecutor himself or herself and the necessary staff should be provided for this purpose. 513. The Government informed that criminal investigations into crimes committed by policemen are carried out by prosecutors from civil courts or by officers especially assigned by order of the minister of administration and interior. 514. Recommendation (h) stated: In the interim, civilian prosecutors should refer all allegations of police abuse to the military prosecutor in an expeditious manner; military prosecutors should diligently investigate all allegations of police abuse made by detainees. 515. The Government informed that, according to the provisions of the Act no. 360 /2002, the “Police Officer Statute”, Act no. 281/2003 modifying and amending the Criminal Procedure Code and other special laws, all crimes committed by policemen have to be transferred from military prosecutors to civilian prosecutors and to civil courts. According to article 209 (3) of the Criminal Procedure Code, as amended by the aforementioned law, criminal proceedings relating to brutality and torture committed by a policeman (abusive behaviour, art. 250 of the Criminal Code, illegal arrest and abusive investigation, art. 266 of the Criminal Code, ill treatment, art. 267 of the Criminal Code and torture, –art. 267-1 of the Criminal Code) are carried out by civil prosecutors. According to article 27 (2) of the Act 281/2003, the investigation of a crime committed by a police officer in charge of criminal proceedings, will be carried out by a prosecutor. 516. Recommendation (i) stated: Prosecutors and the judiciary should speed up the trials and appeals of public officials indicted for torture or ill-treatment; sentences should be commensurate with the gravity of the crime. 517. The Government informed that the new Criminal Code and the new Criminal Procedure Code provide measures aimed at speeding up the legal procedures regarding trial of criminal cases, including torture related cases. 518. Recommendation (j) stated: Civilian prosecutors should disregard any evidence obtained by illegal means and judges should be diligent in ensuring that all incriminating evidence obtained by such means is identified and excluded from the trial. 519. The Government informed that article 68 of the Criminal Procedure Code prohibits the use of force with the aim of obtaining evidence. Therefore, the evidence obtained by violating legal provisions cannot be taken into account while examining cases. 520. Recommendation (k) stated: Any public official indicted for abuse or torture should be suspended from duty pending trial. 521. The Government informed that a police officer against whom charges have been brought is removed from his/her duty after his/her final indictment provided that he/she did not commit other disciplinary offences, in which case ordinary disciplinary sanctions are applying in accordance with article 65 of Act 360/2002 amended by Emergency Ordinance no. 102/2004. A