The highest authorities,
particularly those
responsible for law
enforcement activities,
declare unambiguously that
the culture of impunity
must end and that torture
and ill treatment by public
officials will not be
tolerated and will be
subject to prosecution (a)
No equivocal condemnation of
torture
Judges and prosecutors
routinely ask persons
brought from police custody
how they have been treated,
and even in the absence of a
formal complaint from the
defendant, order an
independent medical
examination (b)
Not in place
Prosecution Service and police publish
information regularly;
A Manual containing clearer guidelines on
the modalities of the use of force and
subjecting the use of force to a stricter
review has been elaborated.
Impunity for perpetrators of killings of
seven detainees and physical injury of at
least 17 during suppression of a riot.
CPC para. 73(f) states that a medical
examination is an absolute right that can
neither be denied nor restricted. Article
73(f) refers to medical expertise (needed
for the determination of important factual
circumstances of a case), which is subject
to a court decision;
Article 922 of the Law on Imprisonment of
23 June 2005 requires a medical
examination after every transfer;
Government: In 2009, investigations were
initiated in 11 allegations of torture under
Article 144 para. 1 (Torture) of the
Criminal Code that were allegedly
committed by public officials. Two of
these cases were closed, while the others
are in progress. Two investigations are
ongoing into the allegations of illtreatment under Article 144 para. 3
(Degrading or Inhumane Treatment) of the
Criminal Code allegedly committed by the
public officials/servants.
A/HRC/13/39/Add.6
66
complaint procedure for prisoners (draft
article 99); (2) provides that a complaint
related to the allegation of torture or
inhuman or degrading treatment is a case
of special importance, which has to be
immediately reviewed; (3) establishes a
mechanism for disciplinary proceedings
within the penitentiary institution, which
can be appealed before an court of
ordinary jurisdiction; (4) considers the
possibility of a twice a year short-term
leave from a semi-closed custodial
establishment; and (5) introduces Parole
boards/Commissions for conditional
release.
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