(i) Compensation and rehabilitation of
victims
treatment.
No reference to compensation for
torture or ill-treatment in the law.
Non-governmental sources: The CPC does not contain provisions on
the compensation of persons who have been subjected to torture.
Therefore, the court bases its verdict on the CAT.
Government: Although there is no specific provision that provides
compensation for torture, the Government states that it shall be
responsible for the “removal of detriments” caused by illegal treatment
by investigators, prosecutors and judges during criminal procedures, in
accordance with the State Supreme Court and Articles 388-397 of the
Code of Criminal Procedure. Payments of around 500 million tugrug
have been made to over 20 citizens and organizations, and 3.4 billion
tugrug has been set aside in the 2009 budget for this purpose.
(j) Recognize the competence of the
CAT to receive and consider individual
communications
Not done.
(k) The Criminal Pre-trial detention in
custody should not be the general rule,
particularly for nonviolent, minor or
less serious offences; increase use of
non-custodial measures; reduction of
maximum period of pre-trial detention;
pre-trial detention as a measure of last
resort.
Pre-trial detention is generally the rule;
the maximum period is excessive. CPC
specifies in article 69.1 to 69.4 that the
term of pre-trial confinement ranges
from14 days up to 30 months.
(l) End special isolation regime
Some categories of prisoners (those
commuted from a death sentence)
were held in isolation as part of the
special isolation regime at Prison No.
405.
Suspects under 18 can be detained for
up to 18 months (art. 366.4).
Government: According to an August 2007 amendment to the Code
of Criminal Procedure, the Government is working on alternatives to
detention, particularly for less serious cases and juveniles. Articles
366.1 and 366.2 of the Code of Criminal Procedure limit pre-trial
detention for juveniles to only those accused of serious and grave
crimes or in special situations, and limits the amount of time juveniles
can be detained to a maximum of eight months.
Non-governmental sources: In collaboration with the General
Prosecutors Office prisoners were divided based on their crime and
reiteration. Surveillance cameras were installed along with the
possibility to listen to music and watch television. Moreover, a
religious activity room and a gym, in which prisoners have the right
practice any sport activity of their preference for 30 minutes, were
opened.
Government: The training and social work department of the Court
decision execution authority was extended and organized. A program
for the socialization of detainees in 2008-2009 was developed, and
professional training and production centres have been established in
some prisons. 95 detainees have begun professional qualifications.
A/HRC/13/39/Add.6
110
torture
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