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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