A/HRC/7/3/Add.2
page 60
258.
Recommendation (i) stated: Judges and prosecutors routinely ask persons
brought from police custody how they have been treated and, even in the absence of
a formal complaint from the defendant, order an independent medical examination
in accordance with the Istanbul Protocol;
259.
According to non-governmental sources, while judges and prosecutors may
occasionally ask about treatment, they are not known to have ordered medical
examinations in response to allegations or signs of abuse of their own accord. Where the
detainee insisted, where marks appeared obvious, or in cases of death in custody,
prosecutors have ordered medical reports, prepared by a government institution.
260.
Recommendation (j) stated: Those legally arrested should not be held in
facilities under the control of their interrogators or investigators for more than the
time required by law to obtain a judicial warrant of pretrial detention, which should
not exceed 48 hours. After this period they should be transferred to a pretrial
facility under a different authority, where no further unsupervised contact with the
interrogators or investigators should be permitted;
261.
According to non-governmental sources, GID keeps detainees for up to six
months or longer under its exclusive and inscrutable control. Persons arrested by the
police or officials from the criminal investigation department or counter-drugs
department are routinely held for more than two days, and very frequently transferred
between holding facilities.
262.
Recommendation (k) stated: The maintenance of custody registers be
scrupulously ensured, including recording of the time and place of arrest, the
identity of the personnel, the actual place of detention, the state of health upon
arrival of the person at the detention centre, the time at which the family and a
lawyer were contacted and visited the detainee, and information on compulsory
medical examinations upon being brought to a detention centre and upon transfer;
263.
According to non-governmental sources, one register at the GID contains
information about a detainee’s name, nationality and charge, if any. Another register
there records visitors, and a third register contains medical records. Outside of the GID,
detainees do not receive a standard medical examination. In regular prisons, registers
generally contain a detainee or prisoner’s name, nationality and charge, if any, and the
doctors have medical files of those seeking and receiving medical care, though no entry
exam was performed.
264.
Recommendation (l) stated: Confessions made by persons in custody without
the presence of a lawyer and that are not confirmed before a judge shall not be
admissible as evidence against the persons who made the confession. Serious
consideration should be given to video and audio taping of interrogations, including
of all persons present;
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