E/CN.4/2004/56/Add.3
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been involved in the practice, either directly or by acquiescence, should be forthwith
removed from police service and prosecuted; the same should apply to prosecutors and
judges implicated in colluding in or ignoring evidence of the practice; the victims should
receive substantial compensation.
255. The Government reported that through the amendment of the Law on Public Servants,
compensation for torture and other cruel, inhuman or degrading treatment to be paid by the
relevant State institution in compliance with the judgements of the European Court of Human
Rights shall be reimbursed by the responsible officials.
256. The last paragraph of article 19 of the Constitution on the right to seek compensation
from the State for persons subjected to treatment contrary to those provisions has been
amended and now reads as follows: “damages suffered by persons subjected to treatment
contrary to the above provisions shall be compensated according to the principles of the law on
compensation”.
257. Recommendation (l) stated: A system permitting an independent body, consisting
of respected members of the community, representatives of legal and medical
professional organizations and persons nominated by human rights organizations, to
visit and report publicly on any place of deprivation of liberty should be set up as soon
as possible.
258. Recommendation (m) stated: The Government should give serious consideration to
inviting the International Committee of the Red Cross (ICRC) to establish a presence in
the country capable of implementing a thorough system of visits to all places of detention
meeting all the standards established by the ICRC for such visits.
259. Recommendation (n) stated: In view of the numerous complaints concerning
detainees’ lack of access to counsel, of the failure of prosecutors and judges to investigate
meaningfully serious allegations of human rights violations and of the procedural
anomalies that are alleged to exist in the State Security Courts, as well as questions
relating to their composition, the Government should give serious consideration to
extending an invitation to the Special Rapporteur on the independence of judges and
lawyers.
260. Recommendation (o) stated: Similarly, in view of the frequent detention of
individuals under the Anti-Terror Law, seemingly for exercising their right to freedom
of opinion and expression and of association, the Government may also wish to give
serious consideration to extending an invitation to the Working Group on Arbitrary
Detention.
261. In addition to the above information received concerning the follow-up to the Special
Rapporteur’s recommendation, the Government reported that on 15 October 2002, the Court of
Cassation created new jurisprudence on the interpretation of torture and ill-treatment and,
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