independent court, e.g. through habeas
corpus proceedings
detention order and any extension of a
detention order before the competent
court. However, this mechanism was
not effective in practice.
this regard.
(i) Judges and prosecutors routinely ask
persons brought from police custody
how they have been treated and, even in
the absence of a formal complaint from
the defendant, order an independent
medical examination in accordance with
the Istanbul Protocol
It appeared that judges and prosecutors
did not ask detainees how they had been
treated in police custody.
Non-governmental sources: With
a few individual exceptions,
judges do not ask detainees about
their treatment.
(j) Those legally arrested should not be
held in facilities under the control of
their interrogators or investigators for
more than the time required by law to
obtain a judicial warrant of pre-trial
detention, which should not exceed 48
hours. After this period they should be
transferred to a pre-trial facility under a
different authority, where no further
unsupervised contact with the
interrogators of investigators should be
permitted
Article 100 CCP stipulates that a police
officer who was not satisfied with a
testimony should send the person
concerned to the Public Prosecutor
within 24 hours, who in turn had to
question him or her within 24 hours. An
individual could bring action for
deprivation of liberty against an official
who kept him or her in custody for over
24 hours without questioning. However,
in practice persons were at times
detained longer than 24 hours.
Non-governmental sources:
There were no developments in
this regard.
(k) The maintenance of custody
registers be scrupulously ensured,
including recording of the time and
place of arrest, the identity of the
personnel, the actual place of detention,
the state of health upon arrival of the
person at the detention centre, the time
at which the family and a lawyer were
contacted and visited the detainee, and
information on compulsory medical
examinations upon being brought to a
detention centre and upon transfer
On paper, a file regarding each detainee
informed about the time of arrival, state
of health, details, reason for detention,
authority which issued the arrest
warrant or verdict, and all details
relating to the person’s time at the
centre. Upon arrival, detainees were to
undergo a medical check-up and the
police doctor should prepare a medical
report, indicating whether there were
any traces of torture. If that was the
case, a forensic report had to be
prepared and judicial authorities were to
be notified. However, this process was
89
In regular prisons, the registers
generally contained the name of
the detainee or prisoner, the
nationality and charge, if any;
the doctors had medical files of
Non-governmental sources:
There were no developments in
this regard.
A/HRC/13/39/Add.6
A register at the GID contained
information about any detainee’s
name, nationality and charge.
Another register recorded
visitors, and a third register
contained medical records.
Outside of the GID, detainees
did not receive a standard
medical examination.
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