prosecute police officers
allegedly responsible for
the violations;
Magistrates had been asked
to pay particular attention
to the way evidence was
obtained;
The judiciary had been
tasked to play a proactive
role when it comes to
verifying information since
victims might be too afraid
to complain;
(d) Where there is credible
evidence that a person has been
subjected to torture or similar illtreatment, adequate
compensation should be paid
promptly; a system should be put
in place to this end;
The Plenary of the Supreme
Court had asked
magistrates to provide
explanations to the persons
who have suffered torture
and other unlawful acts
regarding their right to
claim compensation for
moral and physical
suffering and to create the
necessary conditions for
them actually to benefit
from this right.
practical use in their work.
The Ministry of Justice carries out measures aimed at
increasing the professionalism of judges through training
on human rights issues, including the prohibition of
torture;
The Decree on "Modernization of the court system",
dated 19 January 2006, was crucial in this sphere;
Non-governmental sources: even when detainees
complain, no investigation is conducted; as a result of
trial monitoring the pattern whereby judges fail to take
the allegations seriously and do not initiate detailed
investigations into the allegations.
Government: the law provides for several means for
compensating victims of acts of violence, however
covering solely injuries resulting from unlawful actions;
Law No. 610 of 1998 which provides that if a person
was held in preliminary detention or in prison as a result
of a mistake or abuse by prosecutorial or judicial
agencies, they have to ask for forgiveness from this
person in writing;
Criminal Procedure Code (CPC) article 189 holds that
the person who suffered losses as a result of crimes, as
defined in the Criminal Code (CC) has the right to get
compensation when the act has been tried before a court.
The victim has the right to receive from 10 to 300
amounts of minimum wage in compensation depending
on the gravity of the crime committed against him;
Non-governmental sources: no cases where a person has
7
A/HRC/13/39/Add.6
According to CPC article 191, the court, on the basis of
a petition by the victim, assigns compensation from the
State budget. While reflecting the decision relating to the
payment of compensation in the verdict against the
perpetrator, the court also indicates that the amount
allocated as compensation must be returned to the state
budget;