A/HRC/7/3/Add.2
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80.
Recommendation (g) stated: All detainees should be effectively guaranteed
the ability to challenge the lawfulness of the detention before an independent court,
e.g. through habeas corpus proceedings.
81.
Recommendation (h) stated: Confessions made without the presence of a
lawyer and that are not confirmed before a judge should not be admissible as
evidence. Video and audio taping of all persons present during proceedings in
interrogation rooms should be expanded throughout the country.
82.
Recommendation (i) stated: Judges and prosecutors should routinely inquire
of persons brought from police custody how they have been treated and in any case
of doubt (and even in the absence of a formal complaint from the defendant), order
an independent medical examination.
83.
Recommendation (j) stated: The reform of the CPL should conform to fair
trial provisions, as guaranteed in article 14 of ICCPR, including the following: the
right to remain silent and the privilege against self incrimination; the effective
exclusion of evidence extracted through torture; the presumption of innocence;
timely notice of reasons for detention or arrest; prompt external review of detention
or arrest; timely access to counsel; adequate time and facilities to prepare a defence;
appearance and cross examination of witnesses; and ensuring the independence and
impartiality of the judiciary.
84.
Recommendation (k) stated: The power to order or approve arrest and
supervision of the police and detention facilities of the procurators should be
transferred to independent courts. 1
85.
Recommendation (l) stated: Section 306 of the Criminal Law, according to
which any lawyer who counsels a client to repudiate a forced confession, for
example, could risk prosecution should be abolished.
Other measures of prevention
86.
Recommendation (m) stated: The Optional Protocol to the Convention
against Torture should be ratified, and a truly independent monitoring mechanism
be established where the members of the visiting commissions would be appointed
for a fixed period and not subject to dismissal to visit all places where persons are
deprived of their liberty throughout the country.
87.
Recommendation (n) stated: Systematic training programmes and awareness
raising campaigns should be carried out on the principles of the Convention against
Torture for the public at large, public security personnel, legal professionals and the
judiciary.
1
A similar recommendation was made by the Working Group on Arbitrary Detention,
E/CN.4/2005/6/Add.4, 29 December 2004, para 78.
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