their condition; however rarely take up torture complaints by defendants, even where victims were bearing clear signs of torture; the cases. - From a legal point of view, the Chief Justice confirmed that the burden of proof would rest with the prosecution; in practice however, it seemed that the defence had to demonstrate that the evidence was not given freely; l) The system for appointment of the judiciary should be reviewed with a view to ensuring genuine independence of the judiciary. The Government is urged to consider inviting the Special Rapporteur on the independence of judges and lawyers to visit the country; - NGOs complained that they did not have access to prisons in practice, even lawyers had difficulties accessing prisons or were restricted to stay in a specific room and therefore could not inspect the conditions of detention; - Private doctors In 2001, the Kenyan Prison Service introduced an "open door policy", declaring the prisons open for access by civil society, media and the general public, but access remained restricted with respect to police stations. Non-governmental sources: Access to places of detention for institutions other than the KNCHR remains restricted. A/HRC/13/39/Add.6 103 m) A general opening up of the prison system is required, in a way that would welcome rather than deter access by civil society. In particular, impediments to access by lawyers, doctors and family members should be removed. Civil society should be brought in as