iii) Judges, prosecutors and medical
personnel should routinely ask
persons arriving from police custody
how they have been treated;
that judges, prosecutors and other
actors in the criminal law cycle
routinely ignored allegations of
torture;
The burden of proof was on the victim;
iv) Consider video and audio taping
interrogations;
No tape or video recording during
interrogations;
v) Regularly and following each
transfer of a detainee undertake
medical examinations;
Paramedics were present in detention
facilities of the police and the
penitentiary system during working
hours on weekdays, but the rules did
not spell out when medical
examinations should take place;
vi) Bring the legal safeguards for
administrative detainees in line with
international standards (limit to 48
hours, access to a lawyer etc.);
vii) Ensure that the sound legal basis
of the National Preventive
Mechanism (NPM) translates in its
effective functioning in practice,
including through allocation of
budgetary and human resources.
Amendments to the Law on
Parliamentary Advocates adopted had
led to the establishment of an
independent “Consultative Council”,
which has been designated as National
Preventive Mechanism (NPM);
complaints about insufficient
resources.
custody for up to one year.
Lawyers often do not have access to their clients. The legal assistance
provided to torture victims does not comply with international
standards.
Government: In order to develop collaboration between the
representatives of the healthcare and internal affairs authorities, the
Order of the Ministry of Health and MIA no. 372/388 of 3 November
2009 was issued. According to its provisions, the healthcare facility
managers shall inform immediately the police authorities regarding the
healthcare assistance granted to persons with injuries acquired as a
result of an offence, traffic accident or sudden death. In cases when
injuries derive from illegal actions of law enforcement authorities, the
health care facility managers shall inform immediately the territorial or
specialized prosecutor office.
Concerning the medical certification of detainees who claim physical
injuries, all the cases referring to the incidents from the penitentiary
institutions, including cases of detecting physical injuries, are
compulsorily to be sent to the Prosecutor’s Office and to the
Ombudsmen.
The Medical Service examines the detainees on their arrival to the
penitentiary in view of proving the presence of any physical injuries or
other signs of violence, in accordance with article 251 (3) of the
Enforcement Code and article 25 of the Statute on the Execution of
Sentences by Convicts. The administration of the institution is obliged
to inform, in writing and in the shortest time possible, the Penitentiary
Institutions Department, the territorial Prosecutor’s Office and the
Human Rights Centre about the physical injuries of detainees arriving
in the penitentiary.
The notes received by the Penitentiary Institutions Department and
delivered to the Medical Division are included in a special database.
From the beginning of 2009, 13 cases of physical injuries have been
registered, of which 2 cases were reported by the MIA.
Police officers are obliged to supervise the work of the paramedics
during the medical examination of the detainees of the temporary
detention facilities (isolators), issuing two copies of medical records.
These activities and organizational practices confirm where the person
was detained, and that the detained person was not tortured or
A/HRC/13/39/Add.6
154
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