E/CN.4/2005/62/Add.2
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if necessary, initiates judicial and administrative investigations, in accordance with legal
procedures. The result of the action taken by the Centre is transmitted to the complainants. In
addition, reports on overall activities of the Centre and statistical information are publicized.
Groups of inspectors from the central Inspections Department and from the regional and
provincial gendarmerie commands inspect all units to determine whether statutory amendments
are complied with and whether custody procedures are carried out in a lawful manner. They
check on the spot whether the rules governing custody records and access to a lawyer are
complied with, whether detained persons’ rights are exercised and whether investigations are
conducted in accordance with the law; they identify any shortcomings and take the necessary
steps. The Ministry of the Interior has a clear stance on the issue, as indicated in the following
citations from two recent circulars of the Ministry.
171. The circular of 16 January 2003 states: “…Irrespective of the offence charged, suspects
will on no account be subjected to ill-treatment; if allegations of torture and ill-treatment are
made, steps will be taken to ensure that the necessary investigation is initiated without delay…
The disciplinary action required by law will also be taken immediately, without hesitation, in
respect of officials who overstep legal boundaries and display unlawful behaviour in the
performance of their duties, regardless of their position and rank.”
172. The circular of 17 August 2004 states: “The elimination of possible disproportionate use
of force by the security forces shall be a matter of priority for the governors. The governors and
the highest local security authorities shall take all necessary administrative measures for the
prevention of the disproportionate use of force, and training programmes shall be duly
implemented by the police and the gendarmerie…. The relevant local authorities shall conduct
studies to identify and eliminate the root causes of the disproportionate use of force by the
security forces. They may cooperate with the civil society organizations, universities and
relevant public bodies to this end. The results of such studies shall be sent to the Ministry of the
Interior. Necessary administrative and disciplinary actions shall be immediately taken against the
members of the security forces who use disproportionate force. Governors, provincial chiefs of
police and provincial gendarmerie commanders shall be directly responsible for taking such
actions, the results of which shall be submitted to the Human Rights Investigation Bureau within
the Inspection Board of the Ministry of the Interior. In case of allegations and complaints
regarding the disproportionate use of force by the security forces, all relevant information and
documents together with the personal assessment of the governors shall be immediately
presented to the Inspection Board of the Ministry of the Interior. If the Human Rights
Investigation Bureau reaches the conclusion that the actions taken are insufficient or incomplete,
it shall take necessary actions accordingly.”
173. Recommendation (j) stated: The practice of blindfolding detainees in police custody
should be absolutely forbidden.
174. According to the information received from non-governmental sources, the practice of
blindfolding detainees is still reported to occur.
175. The Government reported that prohibited interrogation procedures are specified in article
135/a of the CCP and article 23 of RACT. These regulations include the provision that persons in
custody shall not be subjected to physical or psychological interventions that undermine their
will, such as ill-treatment preventing the exercise of free will, torture, forcible administration of
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