E/CN.4/2006/6/Add.2 page 67 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. 309. According to information received from NGOs, the Forensic Medicine Institution (Adli Tip Kurumu) is still the only body that is authorized to carry out medical examinations of detainees. The body still works under the Ministry of Justice. The doctors are not properly qualified in forensic medicine and have not received the necessary training on identifying physical and psychological torture. On 1 June 2005, new legislation came into force which provides that the police officer accompanying the detainee for the medical examination should be from a unit that was not involved in the arrest or questioning of the detainee. However, the new legislation is not being implemented in practice. 310. The Government informed that Article 10 of the RACT provides that a medical examination should be carried in a number of situations, including when force is used in carrying out the arrest, when the person is moved between two locations, when the detention period is extended for any reason and when the person is released. Article 10 also provides that the examination should be carried out in private although the doctor may request that the examination be carried out in the presence of law enforcement officials on grounds of concern for his own safety. In cases, where law enforcement officials are present during the examination, the law provides that the detainee’s lawyer is entitled to be present during the examination, as long as this would not cause a delay in carrying out the examination. The Ministry of Health issued a circular on 10 October 2003 stating that medical examinations should be conducted out of the hearing of and sight of members of the law enforcement agencies and in a room in which only health personnel are present. The Ministry of Health also issued a circular on 15 April 2004 requesting law enforcement agencies to install secure rooms for examinations. The reports of medical examinations are handed to the accompanying police officer in a sealed envelope. A copy of the report must also be sent immediately to the prosecutor in a closed and sealed envelope. The law does not specify who should deliver the copy to the prosecutor and in most cases, the police officers themselves that deliver the copy to the prosecutor. With regard to the recommendation that medical examinations should not be carried out within the State Security Court facilities, the Government informed that the State Security Court system had been abolished. 311. 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.