E/CN.4/2005/62/Add.2
page 5
Criminal Procedure accords victims the right to compensation from the State for injury caused
by offences covered by criminal law, for expenses incurred during criminal proceedings and for
injury resulting from the unlawful actions of the authorities conducting the criminal proceedings.
The right of victims to compensation, the levels of such compensation and the rules for its award
are set out in articles 189 to191 of the Code of Criminal Procedure. Victims are entitled to
compensation for injury caused by offences covered by criminal law in the event that the
commission of such offences has been established by the verdict of the court or definitive ruling
of the authority conducting the criminal prosecution. The level of such compensation depends on
the degree of seriousness of the offence which caused the injury. These provisions will enter into
force on the completion of the legal and judicial reform process and the adoption of the
respective act approving the entry into force of the Code. Pursuant to a presidential order of 4
July 2001, the Ministry of Justice serves as the central authority for the implementation of the
European Convention on the Compensation of Victims of Violent Crimes. Under civil law, harm
caused to a natural person as a result of an unlawful conviction, unlawful prosecution, unlawful
detention in custody as a preventive measure or requirement not to leave the area, or unlawful
imposition of an administrative penalty, is compensated in full, irrespective of whether fault
attaches to the officials conducting the initial inquiry or pre-trial investigation, the procurator's
office or the court, in accordance with the procedure established by law.
12.
Recommendation (e) stated: Confessions made by a person under police detention
without the presence of a lawyer should not be admissible as evidence against the person.
13.
Recommendation (f) stated: Given the numerous reports of inadequate legal counsel
provided by State-appointed lawyers, measures should be taken to improve legal aid
services.
14.
The Government reported that an ad hoc working group was constituted with the aim of
enhancing the effectiveness of the provision of legal aid and the review of legislation to bring it
into compliance with European standards. The working group, together with experts of the
Council of Europe, prepared a bill on introducing changes to the Legal Profession and Legal
Practice Act in December 2003. A broad discussion was organized in cooperation with the
Organization for Security and Cooperation in Europe (OSCE) in January 2004 on a project for a
special forum involving the participation of lawyers, judges, procurators, independent jurists,
scholars, international experts, etc. In the light of the discussions and the proposals made, the
project was revised and the final version sent to the Council of Europe in March 2004 for the
rendering of an expert conclusion. After having received a positive expert opinion, an act was
passed by the Parliament in June 2004 and entered into force on 4 August 2004.
15.
Recommendation (g) stated: Video and audio taping of proceedings in police
interrogation rooms should be considered.
16.
Recommendation (h) stated: Given the numerous situations in which persons
deprived of their liberty were not aware of their rights, public awareness campaigns on
basic human rights, in particular on police powers, should be considered.
17.
Recommendation (i) stated: The Government should give urgent consideration to
discontinuing the use of the detention centre of the Ministry of National Security,