E/CN.4/2006/6/Add.2
page 66
303. According to information received from NGOs, the extension of police custody continues
to be ordered by the prosecutor. In the case of ordinary crimes, a prosecutor can only order
police custody to be extended three times. On each occasion, he can only order the detention to
be extended by a period of 24 hours. In the case of crimes committed by three or more persons,
the initial period of 48 hours can be extended to up to four days with the written permission of
the prosecutor. In regions that are under emergency rule, the period of 48 hours can be extended
to up to seven days.
304. The Government informed that the prosecutor is only authorized to extend police custody
with respect to collective offences. Furthermore, this authority is limited to cases in which there
are difficulties in collecting police evidence or a large number of suspects. The Government also
pointed out that in such cases it is possible to file a complaint before a judge against the
prosecutor’s decision to order an extension of the period of police custody. This procedure is
provided for in Article 128 of the Criminal Procedure Law. If such a complaint is brought, a
judge will decide whether the prosecutor’s decision was in accordance with the law. The
Criminal Procedure Law, which came into force on 1 June 2005, shortened the initial length of
time that a suspect can be held in police custody to 24 hours for ordinary crimes and 48 hours for
crimes committed by three or more persons. In some cases, the prosecutor will make the
decision to extend detention after a hearing in which he hears submissions from the suspect and
his lawyer. However, this is not a mandatory procedure and in some cases the prosecutor makes
the decision without a hearing.
305. 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.
306. According to information from NGOs, the projects on audio and video taping are still
pilot projects and are limited to a few places of custody. There are no audio- and video facilities
in rural areas.
307. The Government informed that new projects have been designed for the purchase of
audio and video facilities for 49 of the anti-terrorism branches of Provincial Security
Directorates. The funds for these projects, which are expected to become operational shortly,
have been allocated in the 2006 budget. The police are continuing to modernize gendarmerie
detention facilities and interview rooms within the limits of available budgetary resources. As
part of this process, it is planned to introduce an electronic system for recording statements with
a view to preventing allegations of ill-treatment. A total of 384 audio and video recording
facilities have been purchased and plans are underway to purchase 1901 facilities.
308. 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)
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