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the Committee considers that this remedy does not offer detainees an option to be heard
before an independent and impartial authority and against all grounds of refusal. The
Committee notes with concern consistent reports indicating that public security officials
constantly refuse lawyers’ access to suspects and notification to their relatives on the
grounds that the case concerns State secrets, even when the detained person is not charged
with State security crimes (art. 2).
13.
The Committee urges the State party to adopt effective measures to ensure, in
law and in practice, that detainees are afforded all legal safeguards from the very
outset of the detention, including the safeguards mentioned in paragraphs 13 and 14
of the Committee’s general comment No. 2. In particular, the State party should:
(a)
Amend its legislation and grant all detainees the right to have access to a
lawyer from the very outset of deprivation of liberty, including during the initial
interrogation by the police, irrespective of the charge brought against them;
(b)
Ensure in practice that detainees are able to communicate with a lawyer
in full confidentiality;
(c)
Guarantee that the relatives or other persons of the detainee’s choice are
notified of the facts, the reasons and the place of detention within the 24 hours
specified in the law;
(d)
Repeal the provisions in the Criminal Procedure Law that allow
restrictions to the right to counsel and to notifying relatives in cases of “endangering
State security”, “terrorism”, serious “bribery” or cases involving “State secrets”;
(e)
Ensure that detainees, their legal representatives and relatives can
challenge any unlawful restriction to have access to their clients or to notify the
relatives before a judge;
(f)
Regularly monitor compliance with the legal safeguards by all public
officials and ensure that those who do not comply with those safeguards are duly
disciplined.
Residential surveillance at a designated location
14.
The Committee expresses grave concern over the amended articles of the Criminal
Procedure Law permitting a person under residential surveillance to be placed “at a
designated location” for up to six months, in cases involving crimes of “endangering State
security”, “terrorism” or serious “bribery”, and when confinement in their home may
impede the investigation. The Committee notes with concern that, although families must
be notified within 24 hours of the decision, the Law does not indicate that they must be told
the reason or the place of detention, which could be any unregulated and unmonitored
facility. The Committee is of the view that these provisions, together with the possibility of
refusing access to a lawyer for these types of crimes, may amount to incommunicado
detention in secret places, putting detainees at a high risk of torture or ill-treatment (art. 2).
15.
The State party should repeal, as a matter of urgency, the provisions of the
Criminal Procedure Law that allow suspects to be held de facto incommunicado, at a
designated location, while under residential surveillance. In the meantime, the State
party must ensure that procuratorates promptly review all the decisions on residential
surveillance taken by public security officers, and ensure that detainees who are
designated for potential prosecution are charged and tried as soon as possible and
those who are not to be charged or tried are immediately released. If detention is
justified, detainees should be formally accounted for and held in officially recognized
places of detention. Officials responsible for abuses of detainees should be held
criminally accountable.
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