E/CN.4/2004/56/Add.3 page 39 232. In line with the provisions of the Regulation on Apprehension, Police Custody and Interrogation, persons arrested or detained, including persons under the jurisdiction of the State Security Courts, are given the “Form on the Rights of Suspects and Accused Persons”. They are reportedly also informed of their rights orally. 233. Paragraph 6 of article 19 of the Constitution was amended to remove restrictions regarding the notification of the next of kin of the person arrested or detained. According to the amendment to article 107 of the Code of Penal Procedure, arrests must be notified without delay to a relative or other person designated by the person under arrest, as must all extensions of the period of detention. If he so wishes, the detainee may do the notification himself. According to the Regulation, a relative or a specific person chosen by the arrested person shall be informed without delay of the order regarding the arrest and the extension of the period of detention by decision of the Public Prosecutor. 234. The Government also reported that a new paragraph has been added to article 38 of the Constitution, which stipulates that findings obtained in a manner not in accordance with the law cannot be admitted as evidence in court. 235. Recommendation (b) stated: The legislation should be amended to ensure that any extensions of police custody are ordered by a judge, before whom the detainee should be brought in person; such extensions should not exceed a total of four days from the moment of arrest or, in a genuine emergency, seven days, provided that the safeguards referred to in the previous recommendation are in place. 236. The Government reported that for ordinary crimes the maximum period of police custody is 24 hours. The amended fifth paragraph of article 19 of the Constitution, under the heading “Personal Liberty and Security”, provides that the arrested or detained person shall be brought before a judge within 48 hours and, in case of offences committed collectively, within four days. 237. Article 4 of the Act on the Establishment and Duties of the Directorate General for Prisons and Detention Houses has also been amended to introduce measures for the protection of the health and medical care of convicts and detainees, particularly in cases of hunger strikes and death fasts. 238. With the amendment to article 16 of the Act on the Establishment of and Procedures at State Security Courts, the period of police custody for persons who are apprehended or arrested in regions declared to be under a state of emergency has been reduced from seven days to four days. Extension of that period by the judge upon the request of the public prosecutor has also been reduced from 10 days to 7. According to the amendment, the judge shall listen to the person who is apprehended or arrested before taking a decision on extension. 239. Decree Law No. 430, applicable for detention periods and conditions in areas declared to be in a state of emergency, has been amended and the length of time that the convict or detainee may be taken out of the prison or detention house has been changed from 10 days to 4. Each time the prisoner or detainee is to be taken out of the prison or detention house, he or she is to be heard by a judge before the judge takes a decision on this matter. Furthermore, the health of the prisoner or detainee is to be certified by a medical report upon return, each time he or she is taken out of the prison or detention house and is returned.

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