(c) Detention for up to 48 hours under
the control of interrogators or
investigators; transfer to a pre -trial
facility under a different authority
Authorities responsible for detention
and interrogation are under the
jurisdiction of the same Ministry and
supervise the same facilities.
Government: No relevant amendments were made to the Criminal
Code or Criminal Procedure Code.
Detention centres often accommodate
a police lock-up, a pre-trial facility and
a prison.
(d) Custody registers be scrupulously
maintained
Government: In accordance with the revisions of the “by-law of arrest
and detention centre” of April 2007, detained persons shall be
routinely received at arrest and detention centres in the presence of a
policeman that took them there, and a medical examination shall be
carried out. Transfers to other arrest and detention centres shall be
carried out only with the authorization of a prosecutor.
According to Articles 58 and 59 of the Code of Criminal Procedure, a
person detained with an arrest order shall be received at the arrest and
detention centre in the presence of a policeman and released by the
order of the chief of the centre by the end of the arrest term, in the
absence of a judge’s order regarding continued detention. In 2007,
3,268 suspects were received in arrest and detention centres and 2,075
persons were released. In 2008, 3,487 suspects were received in arrest
and detention centres and 1,478 persons were released in accordance
with appropriate legislations. A control prosecutor exercises
supervision of these activities.
(e) Inadmissibility of confessions as
evidence without the presence of a
lawyer
Art. 79.4 CPC, but not implemented in
practice.
Non-governmental sources: Some detainees were tortured and told
that if they signed a written confession and there was no evidence to
support it, they would be proven innocent. However, these confessions
were later used as evidence in court to convict them.
Government: The Government is working on providing all detained
persons with a right to advocacy according to the Code of Criminal
Procedure. If an investigation is conducted without the presence of a
lawyer, the case will not be considered as evidence in court
A/HRC/13/39/Add.6
108
Code in February 2008 included the word “torture” and included a new
article whereby a crime resulting in the death of a victim shall be
punishable by a prison term of 10-15 years. Amendments to the
Criminal Code at the same time included more detailed provisions on
the crime of torture.
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