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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