E/CN.4/2006/6/Add.2
page 79
377. Recommendation (n) stated: Medical doctors attached to an independent forensic
institute, possibly under the jurisdiction of the Ministry of Health, and specifically trained
in identifying sequelae of physical torture or prohibited ill-treatment should have access to
detainees upon arrest and upon transfer to each new detention facility. Furthermore,
medical reports drawn up by private doctors should be admissible as evidence in court.
378. According to NGOs, the legislation was not amended accordingly. Obtaining medical
expertise establishing whether torture was used is practically impossible. In rare cases, when a
detainee is transferred from one institution to another, medical examinations are conducted and
signs on the body of the arrested person are recorded. Only in such exceptional cases, it is
possible to prove the use of torture.
379.
The Government reiterated the response in para. 358.
380. Recommendation (o) stated: Priority should be given to enhancing and strengthening
the training of law enforcement agents regarding the treatment of persons deprived of
liberty. The Government should continue to request relevant international organizations
to provide it with assistance in that matter.
381. According to NGOs, in this area measures were taken by the Government, which they
warmly welcome.
382. The Government informed that in November 2004, upon the initiative of the Supreme
Court, together with the Prosecutor’s Office and the Ministry of Interior, training seminars for
judges, prosecutors, investigators and interrogators from different state bodies were held in all
regions of the country to raise awareness about Resolution No. 12 of 24 September 2004 of the
Plenary of the Supreme Court “On Some Questions Related to the Norms of the Criminal
Procedure Legislation about the Permissibility of Proofs.” The Ministry of Interior Academy,
where current staff is re-trained, has included a course about human rights in its curriculum. The
“Training School for Rank and File Officers” has a similar programme. Within the Ministry of
Interior, an examination board verifies the professional level of staff members, including of the
management level. In 2005 it conducted a thorough evaluation of the managers of the Interior
Ministry Organs and staff members of some services. As a result all staff members are
professionally assessed; and shortcomings identified in the process can be addressed through
concrete proposals to upgrade professionalism. Analogous institutions function in the local
departments of the Interior Ministry. Prosecutors undergo regular training in the “Centre on the
Strengthening of the Rule of Law and Upgrading of Qualification of Prosecutors and
Investigators” on the issue of human rights and up-to date investigation techniques. Between
October 2004 and December 2005, the Centre conducted five sessions on improving
investigative work, taking into account up-to-date investigation techniques and human rights.
More than 150 prosecutors, investigators, and staff of the Department on Fighting Crimes
Relating to Foreign Currency and Tax under the Prosecutor General’s Office participated.
Several other training events on human rights topics (e.g. on the Ombudsman, religious
extremism and terrorism, habeas corpus, international human rights standards) were held with
the participation of foreign specialists from the UN, Organization for Security and Cooperation
in Europe, the United States, South Korea, and Japan. In particular the following seminars were
held: on 18 March 2005, “Guaranteeing Human Rights during Interrogation”; on 20 March,
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