from humanitarian aid. During 2009, the Legal Medical Centre has
developed some proposals for several external assistance projects, with
the purpose of strengthening the existing laboratory capacities and
establishing a genetic laboratory within the Centre – these proposals
were submitted for consideration to UNDP, the Government of Japan,
etc. At the same time, due to financial constraints, it has been
impossible to increase the financing of the Legal Medical Centre.
The Legal Medical Centre has undertaken inter alia a training course
for medical-legal experts on the investigation of torture cases and other
ill-treatment.
Non-governmental sources: Out of 554 complaints only one
perpetrator was sentenced to imprisonment for torture in 2009; thus,
the investigation cannot be regarded to be efficient, operative and
impartial. Forensic doctors try to cover up torture, rather than
document it.
(b) Safeguards and prevention
i) Reduce the period of police custody
to a time limit in line with
international standards (maximum 48
hours), after which transfer the
detainees to a pre-trial facility, where
no further unsupervised contact with
the interrogator or investigator
should be
permitted;
ii) Ensure that no confessions made
by persons in custody without the
presence of a
Police detention of minors could be
prolonged by 30 days up to 4 months;
Prolongation of police detention was
decided by the investigating judge
upon request of the prosecutor;
De-facto, most detainees were kept in
police custody for several
weeks/months and regularly returned
there for “further investigation” or for
their trial or appeal, which made them
vulnerable to reprisals;
153
Many allegations that confessions
obtained under torture were not
excluded as evidence during court
proceedings, in contravention of the
national legislation; numerous reports
Observations of the Special Rapporteur during his visit in September
2009: The NPM still faces a number of challenges: firstly, the legal
basis for this mechanism is rather ambiguous, which has led to
different interpretations regarding which entity constitutes the NPM.
From the side of the Ministry of Justice, it is argued that the
Parliamentary Ombudsperson is the NPM. However, even the
Ombudsman in charge, as well as other relevant actors, including
international bodies such as the Council of Europe’s Commissioner on
Human Rights, have clearly stated that the NPM is comprised of the
Consultative Council, under the chair of the Parliamentary
Ombudsperson. The Special Rapporteur reiterates that only the latter
interpretation is in line with OPCAT and the Paris Principles. Another
problem is that although the NPM is meant to be comprised of 11
members, currently only six members serve on this mandate (including
the Ombudsman). Finally, and closely linked to the above, is the issue
of financial resources allocated to the NPM. In this respect, the Special
Rapporteur wishes to emphasize that although international
organisations have indicated their willingness to support the NPM,
including adequate pay for its members, the State has the primary
obligation to provide sufficient resources.
Non-governmental sources: Although the law requires that persons be
transferred within 72 hours, in practice, persons are held in police
A/HRC/13/39/Add.6
lawyer that are not confirmed before
a judge are admissible as evidence
against the persons who made the
confession; Shift the burden of proof
to the prosecution to prove beyond
reasonable doubt that the confession
was not obtained under any kind of
The law provided for a limit of 72
hours of custody, after which the
person is to be brought before a judge,
which could be prolonged by 6 to 12
months depending on the crime;
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