Situation during the visit (A/HRC/10/44/Add.3) (A/HRC/10/44/Add.3) (a) Impunity A statute of limitation of five years was applicable to the crime of torture; i) Abolish the statute of limitations for crimes of torture; ii) Establish effective and accessible complaints mechanisms; and protect complainants against reprisals; iii) An independent authority with no connection to the body investigating or prosecuting the case against the alleged victim should investigate promptly and thoroughly all allegations of torture and illtreatment ex-officio; an independent forensic expert should carry out an examination in respect of all allegations of torture and illtreatment; iv) The Forensic institute should be equipped accordingly. The law provided for several complaints avenues, but the large majority of complaints were rejected quasi-automatically; Ex-officio investigations did not function in practice; The system of internal remedies was dysfunctional due to: a)The routine use of threats and reprisals by the police in order to deter detainees from filing complaints; b)the non-action of the staff of penitentiary institutions in cases of allegations of torture; c) the wide discretion and inaction of the prosecutor’s office when he receives complaints; d) the lack of independent medical examination; e) the lack of independence of judges who in many cases continue to follow the arguments of the prosecutor; The State Forensic Institute was underequipped. Steps taken since January 2008 Government: i) The statute of limitations is not an impediment to investigations, since crimes of torture are investigated vigilantly and in a timely manner. ii) Since 1996 prosecutors are obliged to make daily spot checks at the places of temporary detention. This includes personal and direct control of the legality of detention, discussions with detainees, as well as reporting the results of these actions, including where necessary, issuing orders to release the persons detained illegally on remand. Thus, there is a mechanism to record, control and monitor the practice of coercive procedural measures and the conditions of detention. iii) In 2007, 1,258 complaints were submitted, 50 criminal proceedings being initiated. In the same year, 87 criminal proceedings were initiated for excess of power, 55 cases of which were sent to the court, 63 persons being convicted, including 14 persons imprisoned. In 2008, 1,128 complaints were submitted, 51 criminal proceedings being initiated. In the same year, 73 criminal proceedings were initiated for excess of power, 46 of which were sent to court, as a result of which 36 persons were convicted and 5 persons were imprisoned. In 2009, 554 complaints have been submitted, 33 criminal proceedings were initiated. The same year, 31 criminal proceedings have been initiated for excess of power, 20 of which were sent to court, 16 persons convicted and 1 person was imprisoned. Most cases investigated concerned the use of force during interrogation for the purpose of securing a confession to improve prosecution statistics. The Interior Ministry has internally examined 135 criminal cases, including 39 cases regarding excess of power, 17 cases regarding torture and 4 cases for coerced declarations, 19 of which had resulted in the dismissal of staff. It should be noted that during 2008, no new cases of torture or inhuman or degrading treatment were registered in the penitentiary A/HRC/13/39/Add.6 150 Recommendation