E/CN.4/2004/56/Add.3 page 40 240. Recommendation (c) stated: Pilot projects at present under way involving automatic audio- and videotaping of police and jandarma questioning should be rapidly expanded to cover all such questioning in every place of custody in the country. 241. The Government reported that the modernization of detention centres has been continuing in accordance with the standards enshrined in the Regulation on Apprehension, Police Custody and Interrogation, which reportedly meet international criteria. A project has been prepared by the Directorate General of Security for the improvement of technical conditions in interrogation rooms, including video monitoring and recording of the suspects and detainees. In line with the recommendations of CPT, a circular dated 30 January 2002 was sent to all units of the Directorate General, as a guideline for rearranging interrogation rooms and detention centres. 242. Recommendation (d) stated: Medical personnel required to carry out examinations of detainees on entry into police, jandarma, court and prison establishments, or on leaving police and/or jandarma establishments, should be independent of ministries responsible for law enforcement or the administration of justice and be properly qualified in forensic medical techniques capable of identifying sequelae of physical torture or ill-treatment, as well as psychological trauma potentially attributable to mental torture or ill-treatment; international assistance should be given for the necessary training. Examinations of detainees by medical doctors selected by them should be given weight in any court proceedings (relating to the detainees or to officials accused of torture or ill-treatment) equivalent to that accorded to officially employed or selected doctors having comparable qualifications; the police bringing a detainee to a medical examination should never be those involved in the arrest or questioning of the detainees or the investigation of the incident provoking the detention. Police officers should not be present during the medical examination. Protocols should be established to assist forensic doctors in ensuring that the medical examination of detainees is comprehensive. Medical examinations should not be performed within the State Security Court facilities. Medical certificates should never be handed to the police or to the detainee while in the hands of the police, but should be made available to the detainee once out of their hands and to his or her lawyer immediately. 243. The Government reported that, according to the amended Regulation on Apprehension, Police Custody and Interrogation, a doctor shall be left alone with the accused or detained person during the medical examination, and the police officer shall not be present during the examination without the explicit request of the doctor or the patient. Such requests have to be documented. 244. Recommendation (e) stated: Prosecutors and judges should not require conclusive proof of physical torture or ill-treatment (much less final conviction of an accused perpetrator) before deciding not to rely as against the detainee on confessions or information alleged to have been obtained by such treatment; indeed, the burden of proof should be on the State to demonstrate the absence of coercion. Moreover, this should also apply in respect of proceedings against alleged perpetrators of torture or ill-treatment, as long as the periods of custody do not conform to the criteria indicated in (a) and (b) above.

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